HomeMy WebLinkAboutAgenda Packet 06-08-2023CITY 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, June 8, 2023
2:15 p.m. Study Session
3:00 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public
access via teleconference or in person, and up to two Councilmembers may participate remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live on the City’s website
www.palmdesert.gov, under the “Council Agenda” link at the top of the homepage, or on the City’s
YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING: Attend the meeting in our Council Chamber
at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate
by email, internet, or phone, please see the detailed instructions on the last page of this agenda.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 2 of 10
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 25, 2023
B. Conference with Real Property Negotiations pursuant to Government Code Section
54956.8:
1. Property Description: 0.67 acres of City-owned property located at 73420 Dinah
Shore Drive (APN 694-060-010) and 0.28 acres located at
72920 Dinah Shore Drive (APN 685-020-034)
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Monterey Crossing, LLC
Under Negotiation: Price and Terms
2. Property Description: 43-900 San Pablo Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Veronica Chavez
Negotiating Parties: Desert Recreation District
Under Negotiation: Price and Terms
3. Property Description: 73-300 Fred Waring Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo
Negotiating Parties: County of Riverside
Desert Community College District
Under Negotiation: Price and Terms
4. Property Description: 74-855 Country Club Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: JW Marriott Desert Springs Resort and Spa
Under Negotiation: Price and Terms
C. Public Employee Performance Evaluation pursuant to Government Code Section 54957:
Title: City Attorney
D. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant
to Government Code Section 54956.9(d)(2):
Two (2) matters that, under the existing circumstances, the City Attorney believes create
significant exposure to litigation.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 3 of 10
4:00 P.M. REGULAR MEETING
RECONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Shae Faulkner, VP of Family YMCA of the Desert Delegation
(Youth and Government)
INSPIRATION: Councilmember Trubee
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PROCLAMATION – POLLINATOR WEEK
B. PRESENTATION – STATE OF THE Y
CITY MANAGER COMMENTS
A. SOCIAL SERVICES COORDINATOR 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
Calendar 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 17, 18, 19, 25, and 30, 2023.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for January 12 to January 23, 2023, and
May 10 to May 25, 2023.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 4 of 10
C. ADOPT A RESOLUTION APPROVING THE FISCAL YEAR 2023/24 PROJECT LIST
TO BE FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY
ACT
RECOMMENDATION: Adopt a resolution approving the Fiscal Year 2023/24 Project List
to be funded by Senate Bill 1: The Road Repair and Accountability Act.
D. AUTHORIZE THE CITY MANAGER TO APPROVE THE PURCHASE OF 160,000
POUNDS OF GRASS SEED FROM THE LOWEST RESPONSIBLE BIDDER FOR
FISCAL YEAR 2023/24 (PROJECT NO. MLS00021)
RECOMMENDATION:
1. Authorize the City Manager to approve the purchase of 160,000 pounds of grass seed
from the lowest responsible bidder for Fiscal Year 2023/24 (Project No. MLS00021).
2. Authorize the City Manager to execute the agreement.
E. RATIFY CONTRACTS FOR MARKETING SERVICES WITH FG CREATIVE IN THE
COMBINED AMOUNT OF $62,500
RECOMMENDATION: Ratify Contract Nos. A43310, A43790 and A44230 with FG
Creative for miscellaneous marketing services related to Economic Development
programs.
F. APPROVE USA TODAY’S WINE & FOOD EXPERIENCE AT CIVIC CENTER PARK
RECOMMENDATION:
1. Approve USA Today’s Wine & Food Experience at Civic Center Park on Saturday,
September 9, 2023.
2. Temporarily waive the following Palm Desert Municipal Code sections:
a. 11.01.20 (Hours of Use in City Parks)
b. 11.01.140 (Amplified Sound in City Parks)
c. 11.01.080 O (Placement of Advertising Signage in City Parks)
d. 11.01.080 Q (Vendor Sales in City Parks)
e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to
PDMC 9.58.040
G. RECEIVE AND FILE A LETTER OF SUPPORT FOR THE DESERT CANCER
FOUNDATION’S FUNDING REQUEST TO THE DESERT HEALTHCARE DISTRICT
RECOMMENDATION: Receive and file the letter of support for the Desert Cancer
Foundation’s funding request to the Desert Healthcare District.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 5 of 10
H. RECEIVE AND FILE A LETTER OF SUPPORT FOR THE IMPERIAL IRRIGATION
DISTRICT AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
APPLICATION TO THE USDA FOREST SERVICE URBAN AND COMMUNITY
FORESTRY INFLATION REDUCTION ACT GRANT PROGRAM
RECOMMENDATION: Receive and file the letter of support for the Imperial Irrigation
District and Coachella Valley Association of Governments application to the USDA Forest
Service & Community Forestry Inflation Reduction Act Grant Program.
I. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT JOINT RECIPIENT
COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR FISCAL
YEARS 2024-25, 2025-26, AND 2026-27
RECOMMENDATION:
1. Authorize participation in the County of Riverside’s Urban County Program for Fiscal
Years 2024-25, 2025-26, and 2026-27.
2. Authorize the City Attorney to finalize the Joint Recipient Cooperation Agreement with
the County of Riverside.
3. Authorize the City Manager to execute the Joint Recipient Cooperation Agreement with
the County of Riverside allowing the City to participate in the Urban County Program
and take any other actions necessary to effectuate the action taken herewith.
J. APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. A43960 WITH HORIZON
LIGHTING, INC. OF INDIO, CALIFORNIA, FOR ELECTRICAL AND LIGHTING
SERVICES AT CITY-OWNED FIRE FACILITIES IN THE AMOUNT OF $35,000 IN
FISCAL YEAR 2022/2023
RECOMMENDATION:
1. Award Approve Change Order No. 1 to Contract No. A43960 with Horizon Lighting,
Inc. of Indio, California, for Electrical and Lighting Services for City-Owned Fire
Facilities in the amount of $35,000 in Fiscal Year 2022/2023.
2. Authorize the Finance Department to transfer $35,000 from Fire Fund Account No.
2304220-4400100, Capital Projects to Fire Fund Account No. 2304220-4331000, R/M
Buildings.
3. Authorize the City Manager or designee to execute said Change Order No. 1.
K. RECEIVE AND FILE REPORT ON UNIVERSITY PARK INVESTORS’ REQUEST TO
ISSUE NEXT SERIES OF BONDS FOR THE CITY OF PALM DESERT COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK)
RECOMMENDATION: Receive and file report on University Park Investors’ Request to
issue next series of bonds for the City of Palm Desert Community Facilities District No.
2021-1 (University Park).
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 6 of 10
L. REQUEST MAYOR KATHLEEN KELLY TO SIGN THE NATIONAL WILDLIFE
FEDERATION’S MAYORS’ MONARCH PLEDGE TO RENEW THE CITY’S EFFORTS
TO PROTECT AND ENHANCE THE POLLINATOR POPULATION
RECOMMENDATION:
1. Adopt a Resolution authorizing the City of Palm Desert to enter into the National
Wildlife Federation’s Mayors’ Monarch Pledge and issue a proclamation on the City’s
Monarch Day Pledge.
2. Authorize staff to work in collaboration with the Living Desert Zoo and Gardens and
University of California, Riverside (UCR) Palm Desert Center to carry out the three
specific actions listed below within the next year:
a. Issue a Proclamation to raise awareness about the decline of the monarch butterfly
and the species’ need for habitat.
b. Increase the area of pollinator-friendly demonstration garden at Civic Center Park.
c. Support milkweed propagation by planting milkweed at various City parks and
medians, where advisable.
M. RECEIVE AND FILE THE MONTHLY INVESTMENT REPORT, GENERAL FUND,
PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL
REPORTS, FOR THE MONTHS OF MARCH AND APRIL 2023
RECOMMENDATION: Receive and file the monthly Investment Report, General Fund,
Parkview Office Complex, and Desert Willow Golf Resort Financial Reports for the
months of March and April 2023.
N. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE
AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE
BOND FOR PM 37512 FOR REVEL
RECOMMENDATION:
1. Accept public improvements.
2. Release the Faithful Performance Bond in the amount of $50,960.75 and the Labor
and Materials Bond in the amount of $25,480.38.
3. Accept the Maintenance Bond in the amount of $5,096.07.
O. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE
AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE
BOND FOR TR 36351 FOR SAGE
RECOMMENDATION:
1. Accept public improvements.
2. Release the Faithful Performance Bond in the amount of $1,291,600.00 and the Labor
and Materials Bond in the amount of $645,800.00.
3. Accept the Maintenance Bond in the amount of $129,160.00.
4. Accept Construction Entrance Bond in the amount of $20,079.00.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 7 of 10
P. ESTABLISHMENT OF A LIBRARY TASKFORCE AND APPOINTMENT OF MEMBERS
RECOMMENDATION: Establish a new Library Taskforce and approve the appointment
of members.
Q. APPROVAL OF A THREE YEAR FUNDING AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND THE COACHELLA VALLEY ECONOMIC PARTNERSHIP
(CVEP) CONSTITUTING CVEP’S FUNDING FOR FY 2023/24, FY 2024/25, AND
FY 2025/26
RECOMMENDATION:
1. Approve a three (3) year Funding Agreement in the amount of $50,000 per fiscal year,
for a total of $150,000, between the City of Palm Desert and CVEP for the City’s
annual investments for FY 2023/2024, FY 2024/2025, and FY 2025/2026.
2. Authorize the Mayor to execute the Agreement and allow the City Attorney to make
non-substantive changes.
R. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE DESERT
SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT CHARTER MIDDLE SCHOOL
GOVERNING COUNCIL, AND THE CITY OF PALM DESERT
RECOMMENDATION: Approve a Memorandum of Understanding (MOU) between the
Desert Sands Unified School District, Palm Desert Charter Middle School Governing
Council, and the City of Palm Desert, and authorize the City Manager to execute the
MOU.
S. APPROVE AMENDMENTS 5-7 TO CONTRACT NO. C41690 WITH HR GREEN
PACIFIC, INC.
RECOMMENDATION:
1. Approve Contract Amendment No. 5, increasing the budgeted amount of $590,000 to
$675,000, an increase of $85,000 for land development engineering supplemental
staffing for land development plan review and inspections for FY 2022/23.
2. Approve Contract Amendment No. 6 to ratify expenditures in the amount of $244,668
for additional engineering services for the Section 29 Drainage Basin from FY 2021/22
and FY 2022/23 and extend this amendment to June 30, 2024.
3. Approve Contract Amendment No. 7 authorizing the final term of the contract for
Building Plan Check Services in an amount not to exceed $300,000 for FY 2023/24.
4. Authorize the City Manager to execute all documents to effectuate the intent of the
agreement.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 8 of 10
T. APPROVE A PROFESSIONAL SERVICE AGREEMENT FOR COMPREHENSIVE
ENGINEERING AND ENGINEERING RELATED SERVICES WITH HR GREEN
PACIFIC, INC., IN THE AMOUNT OF $888,792
RECOMMENDATION:
1. Approve a professional services agreement for comprehensive engineering and
engineering related services with HR Green Pacific, Inc., in an amount of $888,792
annually for up to three years with the option to extend for no more than two additional
years.
2. Authorize the Finance Department to set aside a contingency amount of 10% annually
($88,880) for unanticipated project needs.
3. Authorize the City Manager or designee to review and approve written contract
amendments/extensions up to the contingency amount.
4. Authorize the Mayor to execute the agreement and the City Manager to sign
amendments.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
2. ACTION CALENDAR:
A. APPROVE AGREEMENT BETWEEN EISENHOWER HEALTH AND THE CITY OF
PALM DESERT AS IT RELATES TO FUNDING COSTS OF CONSTRUCTION OF AN
EMPLOYEE CHILDCARE FACILITY
RECOMMENDATION:
1. Authorize the City Manager to finalize and Mayor to execute an agreement between
Eisenhower Health and the City of Palm Desert, in substantial form, relative to funding
of costs of construction of an employee childcare facility.
2. Approve funding in an amount not to exceed $2,500,000 from Unspent Bond Proceeds
pursuant to the Bond Proceeds Funding Agreement with the former Palm Desert
Redevelopment Agency.
B. REQUEST FOR DIRECTION REGARDING REDISTRICTING OPTIONS
RECOMMENDATION: Provide direction regarding redistricting options.
C. RECEIVE AND FILE THE 2023/2024 WORK PLAN FOR THE CULTURAL
RESOURCES PRESERVATION COMMITTEE AND REQUEST FOR DIRECTION ON
PURSUIT OF THE WORK PLAN
RECOMMENDATION:
1. Receive and file the 2023/2024 Annual Work Plan for the Cultural Resource
Preservation Committee.
2. Direct staff to amend the Resolution establishing the existing limit on the total number
of Mills Act Contracts accepted per year.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 9 of 10
D. INTRODUCTION OF AN ORDINANCE TO AMEND ORDINANCE NO. 1389, REVISING
SECTIONS OF CHAPTER 11 (PARKS) OF THE PALM DESERT MUNICIPAL CODE
AND ADOPTING A NEW ADMINISTRATIVE POLICY AND REVISIONS TO THE
PORTOLA COMMUNITY CENTER FACILITY USE DOCUMENTS CONSISTENT WITH
THE ORDINANCE REVISIONS
RECOMMENDATION:
1. Amend Ordinance No. 1389 revising the following sections of Chapter 11 of the Palm
Desert Municipal Code (Parks):
a. 11.01.010 Definitions
b. 11.01.060 Permits for group gatherings
c. 11.04.020 Park use without formal park use permit, and
d. 11.04.090 Persons to be notified
2. Adopt a new Administrative Policy for the use of City-owned facilities.
3. Adopt changes to the Portola Community Center Application for Use of Facility and
Facility Use Agreement to be consistent with these changes.
E. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 11.01 OF THE PALM
DESERT MUNICIPAL CODE PROHIBITING MYLAR BALLOON USE IN PALM
DESERT PARKS, AND MAKING A FINDING OF EXEMPTION UNDER CEQA
RECOMMENDATION: Waive further reading and pass to second reading an Ordinance
amending Chapter 11.01 of the Palm Desert Municipal Code Prohibiting Mylar Balloon
Use in Palm Desert Parks.
F. REQUEST FOR DIRECTION ON POTENTIAL USE OF RECYCLE FUND MONIES FOR
RESIDENTIAL SOLID WASTE AND RECYCLING RATE ADJUSTMENT
RECOMMENDATION: Provide direction to staff on potential use of Recycle Fund Monies
for Residential Solid Waste and Recycling Rate Adjustment.
3. PUBLIC HEARINGS
None.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 10 of 10
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
A PROCLAMATION BY THE CITY OF PALM DESERT
DESIGNATING THE 2023 POLLINATOR WEEK
WHEREAS, pollinator species such as honey bees, birds, bats, and
butterflies are essential partners of farmers in producing food and are vital to
keeping items such as fruits, nuts, and vegetables in our diets; and
WHEREAS, healthy pollinator populations are critical to the continued
economic well-being of agricultural producers in the Coachella Valley and of
the economy of the United States; and
WHEREAS, pollinator losses over the past few decades require
immediate attention to ensure the sustainability of our food production
systems, avoid additional economic impact on the agricultural sector, and
protect environmental health; and
WHEREAS, it is critically important to encourage the protection of
pollinators, increase the quality and amount of pollinator habitat and forage,
reverse pollinator losses, and help restore pollinator populations to healthy
levels.
NOW, THEREFORE, BE IT RESOLVED THAT I, Kathleen Kelly,
Mayor of the City of Palm Desert, California, along with the entire City
Council, do hereby proclaim the week of June 19 through June 25, 2023, as
City of Palm Desert
Pollinator Week
in recognition of the vital significance of protecting pollinator health, and I call
upon the residents of Palm Desert to join me in celebrating the significance
of pollinators with appropriate observances and activities.
In Witness Whereof, I have hereunto set my
hand and have caused the Official Seal of the
City of Palm Desert, California, to be affixed
this 8th day of June 2023.
Awards & Proclamations - 1
Public Comment - 1
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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.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Bertha A. Escobedo, Business Operations Manager
REQUEST: ADOPT A RESOLUTION APPROVING THE FISCAL YEAR 2023-24
PROJECT LIST TO BE FUNDED BY SENATE BILL 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT
RECOMMENDATION:
Adopt a Resolution approving the Fiscal Year (FY) 2023-24 Project List to be funded by Senate
Bill 1 (SB 1): The Road Repair and Accountability Act.
BACKGROUND/ANALYSIS:
SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed
by the Legislature in order to address basic road maintenance, rehabilitation, and critical safety
needs on both the state highway and local street and road system. SB 1 increased per-gallon
fuel excise taxes, diesel fuel taxes and vehicle registration fees. These funds are distributed to
cities and counties through a variety of programs, including the Local Streets and Roads
Program. Under this program, the State Controller’s Office deposits funding into the Road
Maintenance and Rehabilitation Account (RMRA), which apportions funds to cities and counties
through a formula based on population and the number of registered vehicles. The City’s
apportionment of RMRA revenue is estimated to be $1,103,693 for FY 2023-24.
In order to become eligible to receive RMRA funding, the City is required to submit a resolution
annually containing a list of proposed RMRA funded projects to the California Transportation
Commission. Allowable project types include road maintenance and rehabilitation, safety
projects, traffic control devices, and complete streets components.
The FY 2023-24 RMRA project list includes the following projects:
1.Citywide Street Resurfacing Project
2.Citywide Pavement Condition Evaluation
These projects were included in the proposed Capital Improvement Project List for Fiscal Year
2023-24 and were selected for maintenance of areas that would not have otherwise been funded
at this time.
RMRA funding has a Maintenance of Effort (MOE) requirement to ensure that these funds do
not supplant General Fund spending on streets and roads. The City’s MOE is $4,689,696, which
is based on the City’s average General Fund expenditure on streets and roads as reported on
the Annual Street Report in FY 2009-10, FY 2010-11, and FY 2011-12. Staff expects to meet
the MOE; therefore, recommends submitting a project list for FY 2023-24, allowing the City to
become eligible to receive RMRA funding.
Item 1C-1
City of Palm Desert
Adopt a Resolution Approving the 2023-24 SB 1 Project List
Page 2 of 2
FINANCIAL IMPACT:
Adopting the subject resolution and approving the project list will allow the City to receive the
estimated RMRA funding of $1,103,693, restricted for specific types of streets and road projects.
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Resolution No. 2023-_____
Item 1C-2
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the
Governor in April 2017 to address the significant multi-modal transportation funding
shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will
ensure the residents of our City are aware of the projects proposed for funding in our
community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive
fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA),
created by SB 1, which must include a description and the location of each proposed
project, a proposed schedule for the project’s completion, and the estimated useful life of
the improvement; and
WHEREAS, the City will receive an estimated $1,103.693 in RMRA funding in
Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and
will enable the City to continue essential road maintenance and rehabilitation projects,
safety improvements, repairing and replacing aging bridges, and increasing access and
mobility options for the traveling public that would not have otherwise been possible
without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input
into our community’s transportation priorities/the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB 1
project list to ensure revenues are being used on the most high-priority and cost-effective
projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate
streets/roads throughout the City this year and of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs
Assessment found that the City’s streets and roads are in a good condition and this
revenue will help us increase the overall quality of our road system and over the next
decade will bring our streets and roads into an excellent condition; and
Item 1C-3
Resolution No. 2022-____ Page 2
WHEREAS, the SB 1 project list and overall investment in our local streets and
roads infrastructure with a focus on basic maintenance and safety, investing in complete
streets infrastructure, and using cutting-edge technology, materials and practices, will
have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The following list of newly proposed projects will be funded in-part or
solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project Title: CITYWIDE STREET RESURFACING PROJECT
Project Description: The asphalt will be milled down two inches and capped with
rubberized asphalt concrete.
Project Location: Citywide
Estimated Project Schedule: Start November 2023 – Completion June 2024 based
on the component being funded with RMRA funds
Estimated Project Useful Life: 25 years
Project Title: CITYWIDE PAVEMENT CONDITION EVALUATION
Project Description: Contract with a consultant to perform a pavement condition
survey, assessment, and inventory services on the entire City Street network.
Project Location: Citywide
Estimated Project Schedule: Start July 2023 – Completion June 2024 based on
the component being funded with RMRA funds.
Estimated Project Useful Life: The information in the report will be accurate for a
period of three to five years but will be updated regularly to maintain accurate data.
ADOPTED ON ________________, 20__.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
Item 1C-4
Resolution No. 2022-____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Desert on _______________________,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
Item 1C-5
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Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Randy Chavez, Deputy Director of Public Works
REQUEST: AUTHORIZE THE CITY MANAGER TO APPROVE THE PURCHASE OF
160,000 POUNDS OF GRASS SEED FROM THE LOWEST
RESPONSIBLE BIDDER FOR FISCAL YEAR 2023/24 (PROJECT NO.
MLS00021)
RECOMMENDATION:
1. Authorize the City Manager to approve the purchase of 160,000 pounds of grass seed from
the lowest responsible bidder for Fiscal Year 2023/24 (Project No. MLS00021).
2.Authorize the City Manager to execute the agreement.
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) and Desert Willow Golf Resort (DWGR) purchase grass seed on
an annual basis to overseed City parks, sports fields, greenbelts, the DWGR’s Fire Cliff and
Mountain View golf courses. Each year, the City and DWGR combine their seed orders to
maximize cost savings.
Seed growers typically release their seed prices to suppliers the first or second week of July for
the following overseeding season. Various seed suppliers have informed staff that seed
production is stabilizing and prices will be more competitive this year compared to last year.
However, fuel charges have increased, and inflation will impact the final cost per seed pound.
Although staff anticipates there will be enough seed availability to overseed the City’s and
DWGR’s turf areas, increased transportation costs will need to be factored in to ensure prompt
delivery.
The City and DWGR staff discussed the option of receiving bids before the first week of July to
meet DWGR’s delivery deadline of September 11, 2023. As the cost of seed fluctuates each
year, there is a likelihood the cost per pound will be as much as thirty cents more than the
projected cost since vendors will not know what the upcoming seed prices will be. This year, the
forecast projects rye seed prices to range between $2.40 to $2.75 per pound.
Staff anticipates seed costs to be slightly higher this year compared to what was paid in previous
years due to delivery costs and timelines. The following table indicates the seed cost per pound
over the past four years and the estimated cost for next fiscal year:
Seed
Price Per Pound
2019-20 2020-21 2021-22 2022-23 2023-24*
Item 1D-1
City of Palm Desert
Delegate the City Manager to Approve the Purchase of Grass Seed
Page 2 of 3
*Estimate
*Estimate includes tax and shipping.
Staff has advertised through OpenGov a Request for Quotes with a due date of July 14, 2023.
Due to the City Council’s summer meeting schedule, time needed to execute the agreement,
and delivery schedule deadlines, staff requests that the City Council authorize the City Manager
to approve the purchase of 160,000 pounds of grass seed to the lowest, responsible bidder. This
expediency will help secure the lowest possible price and the seed quantity needed for a
successful overseeding season.
Strategic Plan:
The Parks and Recreation Priority 1 Goal is highlighted with this project. Priority 1 Goal
mandated that our park system be maintained in a high-quality state.
FINANCIAL IMPACT:
The City will use 34,000 pounds of Perennial Rye Grass Seed blend ($2.60 per pound) for an
estimated $96,000, including tax and shipping. The proposed FY 2023-24 operations budgets
included a 10% increase from prior year for a combined amount of $88,000. The increase has
since been projected to be closer to 20% for a total of $96,000; budget requests in each of the
accounts below will absorb any increased cost. Therefore, there is no additional anticipated
financial impact to the General Fund.
Location Account No. Account
Budget
Original Seed
Budget
Updated Seed
Estimate
Civic Center Park 1104610-4332001 $688,500 $30,000 $33,000
Tri-Cities Sports Complex 1104610-4337100 $197,000 $18,000 $20,000
Parks 1104611-4332001 $679,000 $25,000 $27,500
Medians 1104614-4337001 $1,651,500 $15,000 $15,500
Desert Willow 4414195-4809200 $1,590,000 $384,000 $384,000
Total $472,000 $480,000
Perennial rye grass seed
blend
$0.89 $1.04 $1.75 $2.20 $2.60
Perennial rye grass seed,
Apron
$0.97 $1.14 $2.00 $2.25 $2.70
Poa Trivialis grass seed $2.85 $3.20 $4.00 $5.25 $5.50
Total Cost
Fiscal Year DWGR Cost City Cost Total
2019-20 $137,301.20 $32,127.20 $169,428.40
2020-21 $149,177.40 $35,859.20 $189,039.60
2021-22 $230,500.00 $59,500.00 $290,000.00
2022-23 $312,044.00 $80,597.00 $392,641.00
2023-24* $384,000.00 $96,000.00 $480,000.00
Item 1D-2
City of Palm Desert
Delegate the City Manager to Approve the Purchase of Grass Seed
Page 3 of 3
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
Item 1D-3
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Page 1 of 1
CITY OF PALM ESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development
REQUEST: RATIFY CONTRACTS FOR MARKETING SERVICES WITH FG CREATIVE IN
THE COMBINED AMOUNT OF $62,500
RECOMMENDATION:
Ratify Contract Nos. A43310, A43790, and A44230 with FG Creative for miscellaneous marketing
services related to Economic Development programs.
BACKGROUND/ANALYSIS:
The Economic Development, Public Affairs, and Special Programs divisions of the Economic
Development Department collectively set contracts with FG Creative for marketing services during FY
2022/23. Individually, the amounts are well within the purchasing policy requirements; however, the policy
states that collectively vendor contracts with any vendor may not exceed $50,000 without City Council
approval; so consequently, staff is requesting City Council ratification of the following contracts in order
to comply with the requirements of the policy.
Contract No. Description Amount
A43310 Outreach on El Paseo $20,000
A43790 Marketing Palm Desert Aquatic Center $40,000
A44230 Marketing for Courtesy Carts $2,500
Total $62,500
,
For FY 2023/24, staff will work to collaborate on a Request for Proposals to consolidate routine marketing
services for the department and ensure compliance with the updated purchasing policy requirements.
FINANCIAL IMPACT:
Monies for these agreements were included in the 2022/23 Financial Plan, therefore there is no additional
fiscal impact associated with this request.
REVIEWED BY:
Department Director: Eric Ceja
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Contract A43310
2. Contract A43790
3. Contract A44230
Item 1E-1
Contract No. A43310
CITY OF PALM DESERT
SHORT -FORM SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 1n day of July, 2022,
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, California ("City") and FG Creative, Inc., a corporation in
California with its principal place of business at 19725 Driscoll Rd., Desert Hot Springs, California
92241-6810 ("Vendor"). The City and Vendor are sometimes individually referred to herein as
Party" and collectively as "Parties"
2. Terms and Conditions. The Parties shall comply with the Terms and Conditions
attached hereto as Exhibit "A" and incorporated herein by this reference.
3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all
materials, labor, tools, equipment, water, light, power, transportation, and superintendence of
every nature and all other services and all facilities necessary to execute, complete, and deliver
the services as particularly described in the Scope of Services (" Services") attached hereto as
Exhibit "B" and incorporated herein by this reference. The Services shall be completed timely
and in accordance with the Schedule of Services set forth in Exhibit "B".
4. Term. The term of this Agreement shall be from July 1 st, 2022 to June 30, 2023 with up
to two (2) one (1) year extensions authorized by the City Manager unless earlier terminated as
provided herein.
5. Compensation. Vendor shall receive compensation for Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this
reference. The total compensation shall not exceed twenty -thousand dollars ($20,000) per fiscal
year ("Agreement Price"). Vendor's invoices shall include a detailed description of the Services
performed. Invoices shall be submitted to the City on a monthly basis. The City shall review and
pay all non -disputed and approved charges on such invoices in a timely manner. Vendor shall
submit its final invoice to the City within thirty (30) days from the last date of Services performed
and failure to do so shall result in a waiver of payment from the City.
6. Insurance. In accordance with Exhibit A, Section C of the Terms and Conditions, Vendor
shall, at its expense, procure and maintain for the duration of the Agreement such insurance
policies as checked below and provide proof of such insurance policies in a form satisfactory to
the City.
Commercial General Liabilitv Insurance:
1,000,000 per occurrence/$2,000,000 aggregate.
Automobile Liabilitv:
1,000,000 combined single limit for bodily injury and property damage.
Workers' Compensation:
Statutory Limits / Employer's Liability $1,000,000 per accident or disease and
a waiver of subrogation in favor of the City and their respective officers, agents,
employees, volunteers and representatives.
R A N 11-2-20
BBK 72500.000011=74915.1
Item 1E-2
Contract No. C43310
SIGNATURES ON THE NEXT PAGE]
Revised 11-2-20
BBK 72500.00001\32374915.1
Item 1E-3
Contract No. C43310
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: ToddT Il (Ju111, 202209:09 PDT)
L. TODD HILEMAN
CITY MANAGER
Attest:
Anth nyMe ,1u111, 02209:14PDT)
Anthony J. Mejia
CITY CLERK
Approved as to Form:
Robert Harareaves
Robert Hargreaves (fuf 8, 2022 12:27 PDT)
Best Best & Krieger LLP
City Attorney
FG CREATIVE, INC
By:
S
Its: CEO
Printed Name Stephanie Greene
QC --
Insurance ID: n/a
A
MR
3
Revised 11-2-20
BBK 72500.00001\32374915.1
Item 1E-4
C43310
MHIBR'R'
I RMB LMO CONDR SFOR 8ERMEB
Ex A-1
Item 1E-5
Contract No. C43310
herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. 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. The captions of the various 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. The unenforceability, invalidity or illegality of any provision(s) of this
Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United
States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor
is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City.
Vendor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Vendor
hereto.
Ex. A-2
Revised 11-2-20
BBK 72500.0000M2374915.1
Item 1E-6
Contract No. A43310
EXHIBIT "B"
SCOPE OF SERVICES; SCHEDULE OF SERVICES
TIMEFRAME: Monthly; July I, 2022 through June 30,2023
We are pleased to present this Proposal for specific services to continue the successes of the Merchant
Relation along the El Paseo Shopping District, EPPBID.
Build overall awareness and a sense of community of City efforts and resources
Provide a conduit for businesses to connect with City Staff
SCOPE OF WORK:
I. Merchant Outreach: FGC will review City materials and resource links. Efforts include:
1. Distributing City materials and links to resources and Staff, working in conjunction with City Liaison
2. Visiting individual stores on a monthly basis to determine mood and attitudes
3. Reporting any code violations and hazards
4. Disseminate City information by posting relevant information in the Private El Paseo Merchant Group
5. Special attention to greet new businesses and communicate all relevant
information
ESTIMATED HOURS PER MONTH: 12-15
2. Monthly Recap Report. FGC will prepare and present to Staff a complete report of the monthly
efforts including the list of businesses visited, comments and information as it relates to the services.
ESTIMATED HOURS PER MONTH: 2
MONTHLY RETAINER FOR ALL SERVICES LISTED ABOVE: For a contract of this nature, we have
found that a monthly retainer best serves our clients and allows FGC Staff to work continuously on all areas of
the scope of work seamlessly and as needed. To ensure achieving the goals of building awareness and revenue,
we estimate that a contract of this nature will require 15-18 hours per month.
Ex. B-1
Revised 11-2-20
BBK 72500.00001\32374915.1
Item 1E-7
Contract No. A43310
EXHIBIT "C"
COMPENSATION
MONTHLY RETAINER: $1,500 per month for a 12-month commitment
OTHER CONSIDERATIONS
This initial estimate covers the above steps as outlined. Change orders will only occur should
major revisions be asked for after final approval of the initial designs and wireframe/site map.
Additional services can be contracted at a mutually agreed upon in writing up to an amount not to exceed
2,000.
FEE STRUCTURE: For the services provided by FGC and itemized above in the Scope of Work, All
services and hard costs will be billed monthly. Invoices due within 10 days of receipt.
Ex. C-1
Revised 11-2-20
BBK 72500.00001\32374915.1
Item 1E-8
FG Creative - Professional Services Agreement
Contract
Final Audit Report 2022-07-11
Created: 2022-06-22
By: Stephanie Lopez (slopez@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAApVa4LLZUE06m2-ckAxzp2WHnNO3asvL3
TG Creative - Professional Services Agreement Contract" Histo
ry
Document created by Stephanie Lopez (slopez@cityofpalmdesert.org)
2022- 06-22 - 8:13:58 PM GMT
Document emailed to Mariana Rios (mrios@cityofpalmdesert.org) for approval
2022- 06-22 - 8:48:33 PM GMT
Email viewed by Mariana Rios (mrios@cityofpalmdesert.org)
2022-06-22 - 9:31:56 PM GMT
Email sent to Mariana Rios (mrios@cityofpalmdesert.org) bounced and could not be delivered
2022- 07- 06 - 4:58:47 PM GMT
Email sent to Mariana Rios (mrios@cityofpalmdesert.org) bounced and could not be delivered
2022-07-08 - 4:47:22 PM GMT
Document approved by Mariana Rios (mrios@cityofpalmdesert.org)
Approval Date: 2022-07- 08 - 4:48:21 PM GMT - Time Source: server
Document emailed to M. Gloria Sanchez CIVIC (gsanchez@cityofpalmdesert.org) and Michelle Nance
mnance@cityofpalmdesert.org) for approval. One of them to approve
2022-07-08 - 4:48:24 PM GMT
Document approved by M. Gloria Sanchez CIVIC (gsanchez@cityofpalmdesert.org)
Approval Date: 2022-07-08 - 6:54:05 PM GMT - Time Source: server
Document emailed to Stephanie Greene (stephanie@fgcreative.com) for signature
2022-07-08 - 6:54:07 PM GMT
Email viewed by Stephanie Greene (stephanie@fgcreative.com)
2022-07-08 - 7:04:09 PM GMT
a Adobe Acrobat Sign
Item 1E-9
Document e-signed by Stephanie Greene (stephanie@fgcreative.com)
Signature Date: 2022-07-08 - 7:04: 32 PM GMT - Time Source: server
Document emailed to robert.hargreaves@bbklaw.com for signature
2022-07-08 - 7:04:34 PM GMT
Email viewed by robert.hargreaves@bbklaw.com
2022- 07- 08 - 7:26:30 PM GMT
o Document e-signed by Robert Hargreaves (robert.hargreaves@bbklaw.com)
Signature Date: 2022-07-08 - 7:27:15 PM GMT - Time Source: server
Document emailed to Todd Hileman (thileman@cityofpalmdesert.org) for signature
2022- 07- 08 - 7:27:17 PM GMT
Email viewed by Todd Hileman (thileman@cityofpalmdesert.org)
2022-07-11 - 2:52:15 PM GMT
Document e-signed by Todd Hileman (thileman@cityofpalmdesert.org)
Signature Date: 2022-07-11 - 4:09:28 PM GMT - Time Source: server
Document emailed to Anthony Mejia (amejia@cityofpalmdesert.org) for signature
2022- 07-11 - 4:09:30 PM GMT
Email viewed by Anthony Mejia (amejia@cityofpalmdesert.org)
2022- 07-11 - 4:13:58 PM GMT
6, Document e-signed by Anthony Mejia (amejia@cityofpalmdesert.org)
Signature Date: 2022-07-11 - 4:14:29 PM GMT - Time Source: server
Document emailed to Mariana Rios (mrios@cityofpalmdesert.org) for approval
2022-07-11 - 4:14:31 PM GMT
Email viewed by Mariana Rios (mrios@cityofpalmdesert.org)
2022- 07-11 - 6:09:02 PM GMT
Document approved by Mariana Rios (mrios@cityofpalmdesert.org)
Approval Date: 2022-07-11 - 6:09:22 PM GMT - Time Source: server
l Agreement completed.
2022- 07-11 - 6:09:22 PM GMT
a Adobe Acrobat Sign
Item 1E-10
Contract No. ____________
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this First day of July, 2022, 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 FG Creative, a Corporation, organized
under the laws of the State of California, with its principal place of business at 72877 Dinah Shore
Dr., #103/314, Rancho Mirage, CA 92270 ("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:
Palm Desert Aquatics Center Marketing Services]
hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 01, 2022 to
June 30, 2023, unless earlier terminated as provided herein. The City shall have the unilateral
option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional
one-year terms, based on budget approval. 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
A43790
Item 1E-11
Contract No. ____________
Exhibit “A”
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: Stephanie Greene.
3.2.5 City's Representative. The City hereby designates Thomas Soule,
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
Stephanie Greene, 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
A43790
Item 1E-12
Contract No. ____________
Exhibit “A”
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
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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
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Exhibit “A”
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers and representatives.
E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
2) Pay on behalf of wording as opposed to reimbursement;
3) Concurrency of effective dates with primary policies; and
4) Policies shall “follow form” to the underlying primary
policies.
5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
F) [Reserved]
G) [Reserved]
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.
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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.
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J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
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Exhibit “A”
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Forty Thousand Dollars and Zero Cents ($40,000.00) without written approval of the
City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, 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
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Exhibit “A”
needed to execute the Services available to interested parties upon request, and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and
representatives free and harmless from any claim or liability arising out of stop orders issued by
the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
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
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Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. Upon
termination, Consultant shall be compensated only for those Services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
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: FG Creative, Inc.
72877 Dinah Shore Dr., #103/314
Rancho Mirage, CA 92270
ATTN: Stephanie Greene, CEO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Thomas Soule, Public Affairs 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
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Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
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
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Exhibit “A”
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [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
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Exhibit “A”
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
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.
A43790
Item 1E-23
Contract No. ____________
Exhibit “A”
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE]
A43790
Item 1E-24
Contract No. ____________
Exhibit “A”
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND FG CREATIVE
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
FG CREATIVE
By:
STEPHANIE GREEN
CEO
QC:
Insurance:
Initial Review Final Approval
MN
A43790
Robert Hargreaves (Aug 25, 2022 08:00 PDT)
Robert Hargreaves
Todd Hileman (Aug 25, 2022 08:56 PDT)
Anthony Mejia (Aug 25, 2022 08:57 PDT)
mr
mr
Item 1E-25
Contract No. ____________
Exhibit “A”
EXHIBIT "A"
SCOPE OF SERVICES
Update the Brand
o Brand Brainstorm Session - SWOT, Goals, Tagline, Brand Promise.
o Develop and Approve Marketing Plan & Budget.
o Design all brand elements = New Website and all Graphic Design!
o Update new website as needed.
o Ship graphics and assets as needed.
Earned Media
o Meet with partners (COPD/CVB/Others) Develop Editorial Calendar.
o Pitch story ideas/coordinate with media & staff.
o Review social media efforts for synergy and shared success.
Advertising
o Research and Select Mediums.
o Negotiate and secure contracts.
Outdoor
Online Digital
Radio
o Execute monthly efforts; Ship assets.
o Manage all aspects:
Placements
Billing
Budgets
Course Correction
o Prepare reports, review analytics, discuss changes and effect course corrections as
needed.
A43790
Item 1E-26
EXHIBIT "B"
SCHEDULE OF SERVICES
July 2022 August 2022 Monthly
July 2022- June 2023
Brand brainstorm Meet with partners Update new website
Develop & approve
marketing plan & budget
Develop editorial calendar Ship graphics & assets
Design all brand elements Design all brand elements Pitch story ideas
Negotiate & secure
contracts
Review social media
Execute monthly efforts
Manage placements,
billing, budgets
Prepare reports, review
analytics.
A43790
Item 1E-27
EXHIBIT "C"
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consuers, Los Angeles-Riverside-Orange Counties
A437907/
Item 1E-28
Contract No. A44230
CITY OF PALM DESERT
SHORT -FORM SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 1 n day of October 2022,
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, California ("City") and FG Creative, Inc., a corporation in
California, with its principal place of business at 19725 Driscoll Rd., Desert Hot Springs, CA
92241 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party"
and collectively as "Parties."
2. Terms and Conditions. The Parties shall comply with the Terms and Conditions
attached hereto as Exhibit "A" and incorporated herein by this reference.
3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all
materials, labor, tools, equipment, water, light, power, transportation, and superintendence of
every nature and all other services and all facilities necessary to execute, complete, and deliver
the services as particularly described in the Scope of Services (" Services") attached hereto as
Exhibit "B" and incorporated herein by this reference. The Services shall be completed timely
and in accordance with the Schedule of Services set forth in Exhibit "B".
4. Term. The term of this Agreement shall be from October 1, 2022, to October 14, 2022,
unless earlier terminated as provided herein.
5. Compensation. Vendor shall receive compensation for Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this
reference. The total compensation shall not exceed Two Thousand Five Hundred Dollars and
Zero Cent ($2,500) perfiscal year ("Agreement Price"). Vendor's invoices shall include a detailed
description of the Services performed. Invoices shall be submitted to the City on a monthly basis.
The City shall review and pay all non -disputed and approved charges on such invoices in a
timely manner. Vendor shall submit its final invoice to the City within thirty (30) days from the
last date of Services performed and failure to do so shall result in a waiver of payment from the
City.
6. Insurance. In accordance with Exhibit A, Section C of the Terms and Conditions, Vendor
shall, at its expense, procure and maintain for the duration of the Agreement such insurance
policies as checked below and provide proof of such insurance policies in a form satisfactory to
the City.
Commercial General Liability Insurance:
FLI $1,000,000 per occurrence/$2,000,000 aggregate.
2,000,000 per occurrence/$4,000,000 aggregate.
Automobile Liability:
1,000,000 combined single limit for bodily injury and property damage.
Workers' Compensation:
5L] Statutory Limits / Employer's Liability $1,000,000 per accident or disease and
a waiver of subrogation in favor of the City and their respective officers, agents,
employees, volunteers and representatives.
Professional Liability (Errors and Omissions):
R A"W 11.2-20
BBK 72500.000011=74915.1
Item 1E-29
Contract No. A44230
Errors & Omissions liability insurance with a limit of not less than $1,000, 000
per claim and in the aggregate.
SIGNATURES ON THE NEXT PAGE]
R A N 11-2-20
BBK 72500.000011=749151
Item 1E-30
Contract No. A44230
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 FG CREATIVE, INC
By: Todd (Oct 11, 2022 08:15 PDT) By:
L. Todd Hileman CEOCityManagerIts. l C
Printed Name: Stephanie Greene
Attest:
Anth ny Me1ia ct 11, 2022 08:40 PDT)
Anthony J. Mejia
City Clerk
Approved as to Form:
RobertH1rgrtg'1
Robert Hargreaves ct 11, 2022 07:54 PDT)
Best Best & Krieger LLP
City Attorney
my
QC MN
Ins.
79le
3
Revised 11-2-20
BBK 72500.00001\32374915.1
Item 1E-31
A44230
E%XIBR'R'
TERMS GMO COMORpM8 FOR CERNCEC
Ex.A-1
Item 1E-32
Contract No. A44230
herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. 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. The captions of the various 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. The unenforceability, invalidity or illegality of any prowsion(s) of this
Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United
States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor
is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City.
Vendor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Vendor
hereto.
Ex. A-2
aev d 11-3-20
BBK 72500L0001132374915.1
Item 1E-33
Contract No. A44230
EXHIBIT `B"
SCOPE OF SERVICES; SCHEDULE OF SERVICES
Account Supervision: Account management of FGC team and all efforts, Client
meetings (includes meetings as needed, emails, phone calls and other outreach),
regular reporting and updates.
Graphic Design: The FGC team will create a graphic assets and oversee printing
production of the following elements:
Social Media graphics (Newsfeed graphic)
Street Decal: 3' round street decal with the new design and OR code (includes
printing, City to oversee installation). QTY: 20
Rack Card: 4" x 4" card with new design and OR code (include printing). QTY:
TBD (estimates in process).
OTHER CONSIDERATIONS
This initial estimate covers the above steps as outlined. Change orders will only
occur should major revisions be asked for after final approval of the initial
designs and wireframe/site map.
Ongoing input and updates to work completed are covered in this cost unless
there are major revisions to layout, additional pages not previously discussed, or
starting over on sections/pages that have previously been approved.
Media buys paid online campaigns or other hard costs will be billed separately
from fees.
Ex. B-1
ReAs d 11-3-20
BBK 72 KOWWW374915.1
Item 1E-34
Contract No. A44230
EXHIBIT "C"
COMPENSATION
Account Supervision
250.00
Graphic Design:
Budget//Design: $500
Budget//Production (Printing): $1,750
Total $2,500.00
Ex. B-1
ReAs d 11-3-20
BBK 72500OWWW3749151
Item 1E-35
FG Creative Agreement - Marketing collateral
design and printing
Final Audit Report
Created: 2022-10-07
By: Vanessa Mager (vmager@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAA2XgVobsuHHeSWrpiNKFQf9DwnoYjljtN
2022-10-11
TG Creative Agreement - Marketing collateral design and printin
g" History
Document created by Vanessa Mager (vmager@cityofpalmdesert.org)
2022-10-07 - 9:23:27 PM GMT
Document emailed to Mariana Rios (mrios@cityofpalmdesert.org) for approval
2022-10-07 - 9:28:10 PM GMT
Email viewed by Mariana Rios (mrios@cityofpalmdesert.org)
2022-10-08 - 1:34:24 AM GMT
Document approved by Mariana Rios (mrios@cityofpalmdesert.org)
Approval Date: 2022-10-09 - 1:37:34 AM GMT - Time Source: server
Document emailed to M. Gloria Sanchez CMC (gsanchez@cityofpalmdesert.org) and Michelle Nance
mnance@cityofpalmdesert.org) for approval. One of them to approve
2022-10-09 - 1:37:37 AM GMT
Document approved by Michelle Nance (mnance@cityofpalmdesert.org)
Approval Date: 2022-10-10 - 6:08:25 PM GMT - Time Source: server
Document emailed to Stephanie Greene (stephanie@fgcreative.com) for signature
2022-10-10 - 6:08:28 PM GMT
Email viewed by Stephanie Greene (stephanie@fgcreative.com)
2022-10-11 - 1:00:44 AM GMT
L% Document e-signed by Stephanie Greene (stephanie@fgcreative.com)
Signature Date: 2022-10-11 - 1:57: 05 AM GMT - Time Source: server
Document emailed to robert.hargreaves@bbklaw.com for signature
2022-10-11 - 1:57:07 AM GMT
a Adobe Acrobat Sign
Item 1E-36
Email viewed by robert.hargreaves@bbklaw.com
2022-10-11 - 2:18:28 AM GMT
64 Signer robert.hargreaves@bbklaw.com entered name at signing as Robert Hargreaves
2022-10-11 - 2:54:04 PM GMT
C. cj Document e-signed by Robert Hargreaves (robert.hargreaves@bbklaw.com)
Signature Date: 2022-10-11 - 2:54: 06 PM GMT - Time Source: server
Document emailed to Todd Hileman (thileman@cityofpalmdesert.org) for signature
2022-10-11 - 2:54:07 PM GMT
Email viewed by Todd Hileman (thileman@cityofpalmdesert.org)
2022-10-11 - 2:54:16 PM GMT
Document e-signed by Todd Hileman (thileman@cityofpalmdesert.org)
Signature Date: 2022-10-11 - 3:15:40 PM GMT - Time Source: server
Document emailed to Anthony Mejia (amejia@cityofpalmdesert.org) for signature
2022-10-11 - 3:15:42 PM GMT
Email viewed by Anthony Mejia (amejia@cityofpalmdesert.org)
2022-10-11 - 3:36:17 PM GMT
h Document e-signed by Anthony Mejia (amejia@cityofpalmdesert.org)
Signature Date: 2022-10-11 - 3:40:23 PM GMT - Time Source: server
Document emailed to mrios@cityofpalmdesert.org for approval
2022-10-11 - 3:40:25 PM GMT
Email viewed by mrios@cityofpalmdesert.org
2022-10-11 - 8:04:29 PM GMT
Signer mrios@cityofpalmdesert.org entered name at signing as Mariana Rios
2022-10-11 - 8:04:48 PM GMT
Document approved by Mariana Rios (mrios@cityofpalmdesert.org)
Approval Date: 2022-10-11 - 8:04:50 PM GMT - Time Source: server
Agreement completed.
2022-10-11 - 8:04:50 PM GMT
a Adobe Acrobat Sign
Item 1E-37
[This page has intentionally been left blank.]
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Shelby Goodwin, Special Events Coordinator
REQUEST: APPROVE USA TODAY’S WINE & FOOD EXPERIENCE AT CIVIC
CENTER PARK
RECOMMENDATION:
1. Approve USA Today’s Wine & Food Experience at Civic Center Park on Saturday,
September 9, 2023.
2.Temporarily waive the following Palm Desert Municipal Code sections:
a.11.01.20 (Hours of Use in City Parks)
b.11.01.140 (Amplified Sound in City Parks)
c.11.01.080 O (Placement of Advertising Signage in City Parks)
d.11.01.080 Q (Vendor Sales in City Parks)
e.11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC
9.58.040
BACKGROUND/ANALYSIS:
The Wine & Food Experience presented by USA Today will create rich and colorful moments for
guests to taste, savor, and explore the local culinary scene, from local trends to regional
traditions. The grand tasting will provide a gourmet showcase by local chefs, emerging talent,
and nationally renowned culinary leaders who mix with patrons in a convivial setting. Lively
cooking demonstrations and seminars will deliver unforgettable experiences for fans,
connoisseurs, purveyors, and industry personalities. Also included is the option for a VIP
experience which would allow for an hour of early admittance into the Wine & Food Experience,
plus a chance to mix and mingle with the chefs.
USA Today’s Wine & Food Experience is an established national event set to take place
throughout 11 cities in 2023. Palm Desert would be among cities such as Nashville, Detroit, San
Francisco, Las Vegas, and Phoenix. Palm Desert’s event would take place Saturday, September
9, 2023, from 12 p.m. to 4 p.m., at the Civic Center Park, with load-in on September 7 and 8,
and tear-down on September 10. The preferred area of the park for the event includes the grass
area behind the Desert Recreation District.
This is a ticketed, for-profit event, with grand tasting admission at $65 per ticket and VIP
admission at $100 per ticket. However, the organizers plan to work with a local charity that will
receive a portion of funds generated from the event. Since alcohol will be served, the event will
be completely fenced off from the rest of the park and attendees will be required to wear
bracelets verifying that they are part of the event and are over 21-years of age. At the organizer’s
expense, additional security will be provided.
Item 1F-1
City of Palm Desert
USA TODAY’S WINE & FOOD EXPERIENCE
Page 2 of 2
Strategic Plan
Approval of USA Today’s Wine & Food Experience event would help address the following
priorities outlined in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together:
• Economic Development Priority 3: Create and attract entertainment and events to
enhance and expand the Palm Desert economy and lifestyle.
• Tourism and Marketing Priority 2: Grow existing events and develop new events to
enhance the desirability of Palm Desert as a year-round destination.
FINANCIAL IMPACT:
This ticketed event could provide a positive impact to the City by increasing sales tax revenue
from visitors. Additionally, the organization has agreed to contribute financially to a Palm Desert
based charity. The following is a chart of special event fees to be assessed by the Desert
Recreation District for park use and assistance with the event:
Description Duration Rate Total
Pavilion 2 4 days $230 / day $920
Outdoor Area 4 days $230 / day $920
Maintenance Worker(s) 48 hours $40 $1,920
Total Facility Use Fees $3,760
Administration Fee $20
Cleaning Deposit $1,500
Total: $5,280
REVIEWED BY:
Department Director: Eric Ceja
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
None
Item 1F-2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RECEIVE AND FILE A LETTER OF SUPPORT FOR THE DESERT
CANCER FOUNDATION’S FUNDING REQUEST TO THE DESERT
HEALTHCARE DISTRICT
RECOMMENDATION:
Receive and file the letter of support for the Desert Cancer Foundation’s funding request to the
Desert Healthcare District.
BACKGROUND/ANALYSIS:
At the request of Desert Cancer Foundation, Mayor Kelly and Mayor Pro Tem Quintanilla
reviewed and approved issuance of the subject letter and the City Council is requested to
receive and file the letter of support for the Desert Cancer Foundation’s funding request to the
Desert Healthcare District.
FINANCIAL IMPACT:
There is no fiscal impact associated with issuance of the proposed letter.
REVIEWED BY:
City Clerk: Anthony J. Mejia
City Manager: Todd Hileman
ATTACHMENT: Letter of Support
Item 1G-1
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
May 31, 2023
Desert Healthcare District
1140 North Indian Canyon Drive
Palm Springs, CA 92262
RE: Letter of Support for Desert Cancer Foundation
To Whom It May Concern:
This letter is sent in support of Desert Cancer Foundation (DCF) and its contribution to the residents of
the Coachella Valley.
DCF is a nonprofit organization dedicated to helping pay for cancer care for local valley residents in
need of financial assistance. For individuals who are uninsured, underinsured, or lack funds to cover
the cost of care, DCF covers: insurance premiums, diagnostic scans, surgeries, biopsies, therapies,
prescription medication, and more.
Founded in 1994, DCF remains the only nonprofit organization that makes direct payments to local
medical providers, on behalf of residents who otherwise could not afford or access vital care. Through
commitment and collaboration with their healthcare and community partners, DCF has served over
8,700 residents and covered $10.8 million in cancer treatment valued at a billed amount of over $109
million.
In Palm Desert, the City Council and staff have worked closely with DCF on the community event Paint
El Paseo Pink held each fall. This cherished walk brings together our community members to raise
awareness for breast cancer, and funds raised are allocated to cancer care. Last year at the 16th annual
walk more than 2,000 residents participated raising over $190,000 in donations.
As a welcomed community partner, we support the efforts of Desert Cancer Foundation in their request
for funding from your organization.
Sincerely,
Kathleen Kelly, Mayor
City of Palm Desert
Item 1G-2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
Thomas Soule, Public Affairs Manager
REQUEST: RECEIVE AND FILE A LETTER OF SUPPORT FOR THE IMPERIAL
IRRIGATION DISTRICT AND COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS APPLICATION TO THE USDA FOREST SERVICE
URBAN & COMMUNITY FORESTRY INFLATION REDUCTION ACT GRANT
PROGRAM
RECOMMENDATION:
Receive and file the letter of support for the Imperial Irrigation District (IID) and Coachella Valley
Association of Governments (CVAG) application to the USDA Forest Service Urban & Community
Forestry Inflation Reduction Act Grant Program.
BACKGROUND/ANALYSIS:
At the request of CVAG, Mayor Kelly and Mayor Pro Tem Quintanilla reviewed and approved
issuance of the subject letter and the City Council is requested to receive and file the letter of
support for IID’s and CVAG’s application to the USDA Forest Service Urban & Community
Forestry Inflation Reduction Act Grant Program.
If awarded, this grant will allow for an expansion of IID’s existing Tree for All program across
the Coachella Valley cities, including those in the Southern California Edison (SCE) service
area. The grant application seeks $10 million, for 16,500 trees over five years, which would be
divided equally between the Coachella Valley and the Imperial Valley. The program will focus
on residential and public spaces, and it will include a set-aside for local tribes.
FINANCIAL IMPACT:
There is no fiscal impact associated with issuance of the proposed letter.
REVIEWED BY:
City Clerk: Anthony J. Mejia
City Manager: Todd Hileman
ATTACHMENT: Letter of Support
Item 1H-1
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
May 25, 2023
Urban and Community Forestry Division
1400 Independence Ave., SW
Washington, D.C. 20250-0003
Re: Grant Unit Urban and Community Forestry Division
To whom it may concern:
I am writing on behalf of the City of Palm Desert to express our support and commitment to actively
participate and collaborate with the Imperial Irrigation District (IID) and Coachella Valley Association
of Governments (CVAG) on their application to the USDA Forest Service Urban & Community Forestry
Inflation Reduction Act Grant Program. We firmly believe that if awarded, this program will expand
access to the invaluable social, economic, and environmental benefits trees offer and play a pivotal role
in promoting climate resilience in desert regions.
In the arid Colorado Desert region of Southern California, where scorching heat prevails during the
summer months, the significance of trees cannot be overstated. By effectively cooling the surrounding
areas, trees substantially reduce energy consumption, providing substantial financial relief to families
by lowering their energy bills while alleviating the strain on the electrical grid. Moreover, trees act as
natural air purifiers, contributing to cleaner and healthier outdoor environments. The multifaceted
advantages offered by trees are precisely what make them so valuable to our region, and we expect this
grant program will have a positive impact on the Coachella Valley.
By adopting a regional and cooperative approach, we can maximize the effectiveness of our endeavors
and attain the full spectrum of social, environmental, and economic benefits trees provide. We hope you
will strongly consider and support IID's and CVAG's grant request, paving the way for a brighter and
more resilient future for our desert communities.
Sincerely,
Kathleen Kelly, Mayor
City of Palm Desert
Item 1H-2
Page 1 of 4
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst
REQUEST: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT JOINT RECIPIENT
COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR
FISCAL YEARS 2024-25, 2025-26, AND 2026-27
RECOMMENDATION:
1. Authorize participation in the County of Riverside’s Urban County Program for Fiscal Years 2024-25,
2025-26, and 2026-27.
2. Authorize the City Attorney to finalize the Joint Recipient Cooperation Agreement with the County of
Riverside.
3. Authorize the City Manager to execute the Joint Recipient Cooperation Agreement with the County
of Riverside allowing the City to participate in the Urban County Program and take any other actions
necessary to effectuate the action taken herewith.
BACKGROUND/ANALYSIS:
Every year, Community Development Block Grant (CDBG) funds are allocated by the U.S. Department
of Housing and Urban Development (HUD) to state and local governments to carry out a wide range of
community development activities directed toward revitalizing neighborhoods, economic development,
and providing improved community facilities and services principally for persons of low and moderate
income.
The City of Palm Desert has been a recipient of CDBG funds for over 35 years. The earliest awards
facilitated projects such as the Joslyn Senior Center and Desert Arc expansion. The City originally
received funding as a Metropolitan City in a joint agreement with the County. Over the years, the City has
alternated between retaining its status under the County program and being a direct CDBG recipient
known as an Entitlement City. For the last 20 years, Palm Desert has been designated as an Entitlement
City.
As an Entitlement City, the City’s estimated staff costs range from $175,000 to $250,000 each year to
administer the CDBG program; depending on the amount awarded, the types of projects, and the number
of staff members involved. Administrative expenses are typically covered by the City’s General Fund.
The City recently attempted to participate in the County of Riverside’s Urban Count Program; however,
its funding plan did not align with the City’s Plan. The City has taken the necessary steps and has an
opportunity to rejoin the Urban County Community Development Block Grant program for fiscal years
2024-25 through 2026-27, either as a Metro City or a Cooperating City. Joining the program may result
in significant savings to staff time and resources while incurring a similar level of benefit to the City, local
agencies, and residents.
In choosing to join the County as a Metro City or a Cooperating City, the City retains full oversight of the
solicitation and selection of projects and activities. Additionally, the County has confirmed that the City
would remain responsible for the public hearing and the application process.
Item 1I-1
City of Palm Desert
Community Development Block Grant Joint Recipient Cooperative Agreement
Page 2 of 4
Differences between the Metro City vs Cooperating City are summarized below, and a comprehensive
comparison is attached as Exhibit A.
Comparison Example Metro City Cooperating City
City Estimated Entitlement Allocation ($400,000) $400,000 $280,000
City's Public Service cap (MC-15%; CC-12-14%) $60,000 $39,200
City's Administrative Cap (MC - 30%; CC - 0%)
MC - County receives 70% of the 20% Admin Allowance
CC - County receives 100% of the Admin Allowance $24,000
City's Eligibility for County's Emergency Solutions Grant (ESG) Program
(MC - 0; CC - $30k) $0 $30,000
City's Eligibility for County's Home Investment Partnership (HOME)
Program (MC - 0; CC - $170k) $0 $170,000
City enters into a multi-year Joint Recipient Cooperative Agreement with
County and annual supplemental Agreements.
Amount Available for Community Projects $316,000 $240,800
Est. General fund Admin costs to join County Coop Program
(General fund reimbursed from MC admin cap $24K) $56,000 $50,000
*Based off an estimated award
*General Fund currently covers annual staff costs to administer CDBG est. at $200,000/year (does not include cost to administer HOME/ESG
programs
*HOME/ESG funding will require further review and a cost-benefit analysis
As a Metro City, the City retains its entire entitlement allocation and splits the administrative funding with
the County 70/30. As a Cooperating City, the City receives an adjusted allocation of 60-70% of the total
amount and is not entitled to any of the administrative funding.
As a Metro City participant, the County's responsibilities will include, but are not limited to the following:
• Review of all funding applications for HUD eligibility.
• Carries out all administration work between HUD, applicants, and City for approved projects.
• Updates and informs cities of all HUD rules and regulations.
• Drafts and submits all required one-year and five-year reporting to HUD.
Item 1I-2
City of Palm Desert
Community Development Block Grant Joint Recipient Cooperative Agreement
Page 3 of 4
• Handles and administers the Integrated Disbursement and Information System (IDIS) that
HUD requires and utilizes.
• Administers all fair housing activities.
Participation in the Urban County program, either as Metro City or Cooperating City, may limit the ability
to participate in other programs (ESG / HOME) for the fiscal years 2024-25 through 2026-27. Currently
the City does not participate in any of the programs that are affected by participation.
While there are pros and cons for each option, it is Staff’s recommendation to participate in the Urban
County program as Metro City via a Joint Recipient Cooperative Agreement. In addition to the staff time
savings and the opportunity to leverage the County’s robust HUD reporting infrastructure, a Metro City
Joint Recipient Cooperative Agreement offers the added advantage of retaining some funds for
administrative fees while providing similar level of benefit to the City and local agencies.
Commission Recommendation
The Outside Agency Committee considered this request on May 31, 2022, and was unanimously
approved for submission to the City Council. After that approval, the County notified staff of the alignment
issue. The Outside Agency Committee will be updated on the Joint Agreement on May 30, 2023. If there
are any changes to the approval, staff will provide an update following that meeting.
Item 1I-3
City of Palm Desert
Community Development Block Grant Joint Recipient Cooperative Agreement
Page 4 of 4
FINANCIAL IMPACT:
Although the funding levels that will be awarded by HUD for FY 2024-25, FY 2025-26, and FY 2026-27
are unknown at this time, execution of this agreement guarantees that the City will be entitled to CDBG
Program resources allocated by HUD and administered by the County of Riverside. Participation in the
Joint Recipient Cooperative Agreement (Metro City) with the County may result in cost savings related
to staff time typically absorbed by the General Fund, as well as maintain opportunities to apply for ESG
and HOME Funds.
REVIEWED BY:
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Exhibit A – Riverside County Urban County Program: Joint Metro City vs Cooperating City
2. Exhibit B – Letter from Riverside County regarding Qualification
Item 1I-4
Item 1I-5
DocuSign Envelope ID: 5FCCE33D-2880-4641-BCFC-E3CB8B8F56ABItem 1I-6
DocuSign Envelope ID: 5FCCE33D-2880-4641-BCFC-E3CB8B8F56ABItem 1I-7
DocuSign Envelope ID: 5FCCE33D-2880-4641-BCFC-E3CB8B8F56ABItem 1I-8
DocuSign Envelope ID: 5FCCE33D-2880-4641-BCFC-E3CB8B8F56AB5/11/2023Item 1I-9
[This page has intentionally been left blank.]
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Cora L. Gaugush, Project Technician
REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. A43960 WITH
HORIZON LIGHTING, INC. OF INDIO, CALIFORNIA FOR ELECTRICAL
AND LIGHTING SERVICES AT CITY-OWNED FIRE FACILITIES IN THE
AMOUNT OF $35,000 IN FISCAL YEAR 2022/2023
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. A43960 with Horizon Lighting, Inc. of Indio,
California for Electrical and Lighting Services for City-Owned Fire Facilities in the amount of
$35,000 in Fiscal Year 2022/2023.
2.Authorize the Finance Department to transfer $35,000 from Fire Fund Account No. 2304220-
4400100, Capital Projects to Fire Fund Account No. 2304220-4331000, R/M Buildings.
3.Authorize the City Manager or designee to execute said Change Order No. 1.
BACKGROUND/ANALYSIS:
The City of Palm Desert currently owns, operates, and maintains three fire stations. These
facilities require routine electrical and lighting services for specialized equipment and ensuring
energy efficiency. On August 17, 2022, Staff requested quotes from three vendors for on-call
electrical and lighting services for the three stations. The City Manager then awarded Contract
No. A43960 to Horizon Lighting, Inc., in an annual amount of $50,000 for a term of three years
with an option of two, one-year extensions. Since the cumulative amount exceeded the City
Manager’s approval authority, on November 17, 2022, City Council ratified the City Manager’s
execution of the contract.
Due to the amount of deferred maintenance at the fire facilities, staff have expended most of the
funds and have several repairs scheduled for the remainder of the fiscal year. Work to meet
additional electrical and lighting needs at the three fire stations is quoted at a total of $34,200.
The work to be done is health and safety related and requires to be completed as soon as
possible. In addition, replacements will be using the latest available energy-saving fixtures,
which will reduce energy consumption of each fixture by 75% and will aid in reducing the City’s
carbon footprint.
Staff has confirmed with the contractor that the remaining work will be completed before June
30, 2023; therefore, the amendment to increase the contract total is for Fiscal Year 2022/2023
only. The remaining term of this contract will revert to the original total of $50,000 per fiscal year.
FINANCIAL IMPACT:
This amendment will increase the contract to an amount not to exceed $85,000 for Fiscal Year
2022/2023. Fire Fund R/M Buildings Account No. 2304220-4331000 has a current balance of
Item 1J-1
$16,776. Pending expenses including this change order amount to almost $50,0000; therefore,
staff requests a transfer of $35,000 from Fire Fund Capital Project Account savings. Therefore,
there is no additional financial impact to the General Fund.
Account Number Budget Expenses Pending Expenses Available Funds
2304220-4331000 $265,000 $248,225 $50,000 ($33,225)
2304220-4400100 $1,678,420 $561,145 $350,000 $767,275
**Transfer request of $35,000 to cover deficit
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Change Order No. 1 to A43960
2.Staff Report - November 17, 2022
Item 1J-2
Contingency:
Less: Expend. / Encumb. To Date:
Less: This Change Order Amount:
Contingency:
Less: Prior Change Order(s):
Less: This Change Order:
__________________________________________________________ dollars and ___/100 (___________)
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:
A43960 P116130
1
2304220-4331000
n/a
V0014149
Electrical and Lighting Services at Fire Facilities
Horizon Lighting, Inc.
Additional electrical and lighting services during FY 2022/23 $ 35,000.00
$ 0.00 $ 35,000.00
$ 35,000.00
Provide additional electrical and lighting services to the three City-owned fire station facilities during Fiscal Year
2022-23.
$ 50,000.00
$ 0.00
$ 50,000.00
$ 50,000.00
$ 35,000.00
-$ 35,000.00
$ 0.00
$ 0.00
$ 35,000.00
-$ 35,000.00
The amount of the contract will be increased by the sum of:
Thirty-Five Thousand 00 $ 35,000.00
$ 85,000.00
Item 1J-3
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims
arising out of or related to the subject of this Change Order and acknowledges that the compensation (time
and cost) set forth herein comprises the total compensation due for the work or change defined in the
Change Order, including all impact on any unchanged work. Execution of this Change Order by the
Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from
all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of
the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or
damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and
all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order
constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all
direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and
home office) costs, due to Contractor arising out of or related to the change in the work covered by this
Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation
of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any
reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on
the remainder of the work under the Contract. This Change Order will become a supplement to the Contract
and all provisions will apply hereto.
1. REQUESTED BY:
______________________
Department Director
2. ACCEPTED BY:
______________________
Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________
Finance Director 4. APPROVED BY:
______________________
City Manager
NOTE: No payments will be made prior
to City Manager Council approval
QC: _____
A43960 1
n/a
Item 1J-4
CC, SARDA, & HA Meeting Minutes — Summary Action Stamp November 17, 2022
1 D.RATIFY THE CITY MANAGER'S EXECUTION OF CONTRACT NO. A43960
WITH HORIZON LIGHTING, INC., FOR ELECTRICAL AND LIGHT SERVICES
AT FIRE FACILITIES IN AN AMOUNT NOT TO EXCEED $50,000 PER FISCAL
YEAR
MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to ratify the City Manager's
execution of Contract No. A43960 with Horizon Lighting, Inc., in an amount not to
exceed $50,000 per year.
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
Item 1J-5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 17, 2022
PREPARED BY: Cora L. Gaugush, Project Technician
Randy Chavez, Community Services Manager
Andy Ramirez, Deputy Director of Public Works
REQUEST: RATIFY THE CITY MANAGER'S EXECUTION OF CONTRACT NO.
A43960 WITH HORIZON LIGHTING, INC, FOR ELECTRICAL AND
LIGHTING SERVICES AT FIRE FACILITIES IN AN AMOUNT NOT TO
EXCEED $50,000 PER FISCAL YEAR
RECOMMENDATION:
Ratify the City Manager's execution of Contract No. A43960 with Horizon Lighting, Inc., for electrical
and lighting services at Fire Station Facilities in an amount not to exceed $50,000 per fiscal year.
BACKGROUND/ANALYSIS:
The City of Palm Desert currently owns, operates, and maintains three fire stations. These
facilities require routine electrical and lighting services for specialized equipment and ensuring
energy-efficiencies. Last fiscal year, several electrical repairs were completed at each fire station
by various contractors. During this time, staff identified a need to consolidate various service
contracts to obtain consistency of service and improve emergency response times. Therefore,
on August 17, 2022, staff requested quotes from three vendors for on-call electrical and lighting
services. Only two proposals were received.
An evaluation team from Public Works evaluated each proposal based on cost, references, and
experience. Each contractor met the service requirements. As demonstrated in the table below,
while the proposal from Palmer Electric was slightly lower for hourly scheduled work, they were
significantly higher for after-hour calls, weekends, and holidays.
Firms Cost Rank
Horizon Lighting, Inc. REGULAR HOURLY RATE $129.95 1
AFTER-HOURS $139.95
WEEKEND RATE $139.95
HOLi DAY RA TE $149.95
Palmer Electric, Inc. REGULAR HOURLY RATE $125 2
AFTER-HOURS RATE $158
WEEKEND RATE $180
HOLi DAY RA TE $195
Mohr Electric No bid n/a n/a
Page 1 of 2
Item 1J-6
City of Palm Desert
Fire Facilities Electrical Maintenance Contract A43960
Due to the nature of public safety at each fire station, most electrical work requires same-day services
and often entails after-hour rates. Horizon Lighting provided the lowest after-hours, weekend, and holiday
rates. Therefore, staff submitted a purchase approval form to the City Manager requesting authorization
to award a contract to Horizon Lighting, Inc.
This authorized contract is for an annual amount not to exceed $50,000 for a term of three years
commencing July 1, 2022, with the option of two, one-year extensions. Since the cumulative contract
amount exceeds the City Manager's approval authority of $50,000, staff is requesting the City Council's
ratification of the contract.
FINANCIAL IMPACT:
The contract is for an amount not to exceed $50,000 annually. Funds for this fiscal year were available
in the approved Fire Fund Building Repair and Maintenance Account No. 2304220-4331000. Staff
expects to help offset any overage on this account with savings from other Fire Fund Accounts. Therefore,
there is no further financial impact to the general fund with this action.
REVIEWED BY:
Department Director:
Finance Director:
Assistant City Manaqer:
City Manager:
ATTACHMENTS:
1 . Contract A43960 -executed
2.Quote Palmer Electric
3.Quote Horizon Lighting, Inc.
Martin Alvarez
John Ramont
Chris Escobedo
Todd Hileman
Page 2 of 2
Item 1J-7
Contract No.
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1.PARTIES AND DATE.
------
This Agreement is made and entered into this 1st day of September, 2022 by and between
the City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, County of Riverside, State of California ("City") and HORIZON LIGHTING, INC. A
CORPORATION with its principal place of business at 2351 McGaw Avenue, Irvine, CA 92614
("Contractor"). City and Contractor are sometimes individually referred to as "Party" and
collectively as "Parties" in this Agreement.
2.RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provIsIon of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the ELECTRICAL AND
LIGHTING SERVICES FOR CITY-OWNED FIRE FACILITIES project ("Project") as set forth in
this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the maintenance services necessary for the Project
("Services"). The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
Term. The term of this Agreement shall be from July 1, 2022, through June 30, 2025,
unless earlier terminated as provided herein. The City shall have the unilateral option, at its
sole discretion, to renew this Agreement automatically for no more than two years (2) additional
one-year terms.
3.1.2Contractor shall complete the Services within the term of this Agreement, and
shall meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
Revised 11-2-20
BBK 72500.00001\32374943.1 - 1 -
Item 1J-8
3.2 Responsibilities of Contractor.
Contract No. ------
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor's exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached
hereto and incorporated herein by reference. Contractor represents that it has the professional
and technical personnel required to perform the Services in conformance with such conditions.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Martin Alvarez,
Director of Public Works, or his or her designee, to act as its representative for the performance
of this Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement except for increasing compensation.
Contractor shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Joel
Montano, Desert Branch Manager or his or her designee, to act as its representative for the
performance of this Agreement ("Contractor's Representative"). Contractor's Representative
shall have full authority to represent and act on behalf of the Contractor for all purposes under
this Agreement. The Contractor's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
Revised 11-2-20
BBK 72500.00001132374943.1 - 2 -
Item 1J-9
Contract No. ------
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense
and without reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor's failure to comply with the standard of care provided for
herein. Any employee of the Contractor or its sub-contractors who is determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").
Contractor shall perform the Services in strict accordance with any completion schedule or Project
milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately
in writing to the Contractor. Contractor agrees that if the Services are not completed within the
aforementioned Performance Time and/or pursuant to any such completion schedule or Project
milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged
and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City's decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a
violation of any such law within the five (5) years immediately preceding the date of execution of
this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
Revised 11-2-20
BBK 72500.00001132374943.1 - 3 -
Item 1J-10
Contract No. ------
3.2.10.3 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including,
but not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (GARB). Contractor shall specifically be aware of the GARB limits and
requirements' application to "portable equipment", which definition is considered by GARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by GARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor's Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code§§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City's ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor's
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A)General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(B)Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
Revised 11-2-20
BBK 72500.00001132374943.1 - 4 -
Item 1J-11
Contract No. ------
accident. The City's Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C)Umbrella or Excess Liability Insurance. Contractor may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
(a)A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
reimbursement;
policies; and
primary policies.
(b)Pay on behalf of wording as opposed to
(c)Concurrency of effective dates with primary
(d)Policies shall "follow form" to the underlying
(e)
insureds under the umbrella or excess policies.
Insureds under primary policies shall also be
(D)Workers' Compensation Insurance. Contractor shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives.
(E)
(F)
(G)
3.2.11.2
Fidelity Coverage: N/A.
Cyber Liability Insurance. N/A
Pollution Liability Insurance. N/A
Other Provisions and Requirements.
(A)Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
Revised 11-2-20
BBK 72500.00001132374943.1 - 5 -
Item 1J-12
Contract No. ------
(B)Duration of Coverage. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by Contractor, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self
insurance shall be called upon to protect it as a named insured.
(D)City's Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E)Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A-(or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
(F)Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G)Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Contractor of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H)Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Revised 11-2-20
BBK 72500.00001132374943.1 - 6 -
Item 1J-13
Contract No. ------
{I) Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or non renewal of coverage for
each required coverage.
(J)Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K)Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
{L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer's
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M)Pass Through Clause. Contractor agrees to ensure that its
sub-consultants, sub-contractors, and any other party involved with the Project who is brought
onto or involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N)City's Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor's compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(0)Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P)Timely Notice of Claims. Contractor shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q)Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
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BBK 72500.00001132374943.1 - 7 -
Item 1J-14
Contract No. ------
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise
specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Agreement a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII
and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
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BBK 72500.00001132374943.1 - 8 -
Item 1J-15
Contract No. ------
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where
Services are to be performed and shall become acquainted with all conditions affecting the
Services prior to commencing the Services. Contractor shall make such examinations as it deems
necessary to determine the condition of the work sites, its accessibility to materials, workmen and
equipment, and to determine Contractor's ability to protect existing surface and subsurface
improvements. No claim for allowances-time or money-will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract, including any plans,
specifications, or scope of work before commencing Services. Errors, inconsistencies or
omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should
Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other
toxic wastes, hazardous substances and hazardous materials as defined in California state or
federal law at the site which have not been rendered harmless, the Contractor shall immediately
stop work at the affected area and shall report the condition to the City in writing. The City shall
contract for any services required to directly remove and/or abate PCBs, hazardous substances,
other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract
for such services. The Services in the affected area shall not thereafter be resumed except by
written agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Services agreed to herein, or from the action of
the elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which
for purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
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BBK 72500.00001132374943.1 - 9 -
Item 1J-16
Contract No. ------
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work ( or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Fifty Thousand Dollars ($50,000.00) annually without written approval of the City
Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly
invoices which provides a detailed description of the Services and hours rendered by Contractor.
City shall, within thirty (30) days of receiving such statement, review the statement and pay all
non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty
(30)days from the last date of provided Services or termination of this Agreement and failure by
the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.
Payment shall not constitute acceptance of any Services completed by Contractor. The making
of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3)
sums representing expenses, losses, or damages as determined by the City, incurred by the City
for which Contractor is liable under the Agreement; and (4) any other sums which the City is
entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
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BBK 72500.00001\32374943.1 - 10 -
Item 1J-17
Contract No. ------
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor's principal
place of business and at the Project site. Contractor shall defend, indemnify and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 177 4 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
and subcontractors (Labor Code Section 1777 .1 ). The requirement to submit certified payroll
records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor's performance of Services, including any delay, shall be
Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers and representatives free and harmless from any claim or
liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
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BBK 72500.00001132374943.1 -11 -
Item 1J-18
3.4 Termination of Agreement.
Contract No. ------
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7)days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those Services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished information of any kind prepared
by Contractor in connection with the performance of Services under this Agreement. Contractor
shall be required to provide such document and other information within fifteen (15) days of the
request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
City:
Horizon Lighting, Inc.
2351 McGaw Avenue
Irvine, CA 92614
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: City Clerk
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
Revised 11-2-20
BBK 72500.00001132374943.1 - 12 -
Item 1J-19
Contract No. ------
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys' fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend,
with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives. In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers and representatives as part of any such claim, suit, action or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives as part of any such claim, suit, action or other proceeding. Such reimbursement
shall include payment for City's attorney's fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all Agreement requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5. 7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
Revised 11-2-20
BBK 72500.00001132374943.1 -13 -
Item 1J-20
Contract No. ------
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to the City include
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives except as otherwise specified in this Agreement. The captions of the various
articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
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BBK 72500.00001132374943.1 - 14 -
Item 1J-21
Contract No. ------
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
Revised 11-2-20
BBK 72500.00001132374943.1 - 15 -
Item 1J-22
Contract No. -----
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND HORIZON LIGHTING, 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:
HORIZON LIGHTING, INC.
A CORPORATION
By: --------------
Its:
Printed Name:
Anthony J. Mejia, City Clerk By:
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
--------------
Its:
Printed Name:
Contractor's License Number and
Classification
DIR Registration Number (if applicable)
QC: --
Insurance:
Initial Review
Final Approval
Item 1J-23
Contract No. -----
EXHIBIT "A"
ELECTRICAL AND LIGHTING SERVICES AS NEEDED AT CITY-OWNED FIRE
FACILITIES
Exhibit "A"
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BBK 72500.00001\32374943.1
Item 1J-24
EXHIBIT "B"
SCHEDULE OF SERVICES
Contract No. -----
SERVICES AS NEEDED AT CITY-OWNED FIRE FACILITIES
Exhibit "B"
Revised 11-2-20
BBK 72500.00001\32374943.1
Item 1J-25
Revised 11-2-20
EXHIBIT "C"
COMPENSATION
REGULAR HOURLY RATE
AFTER-HOURS RATE
WEEKEND RA TE
HOLIDAY RATE
$129.95
$130.95
$139.95
$149.95
Exhibit "C"
BBK 72500.00001\32374943.1
Contract No. -----
Item 1J-26
CITY OF PALM DESERT
Public Works Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
Telephone: (760) 346-0611
Fax: (760) 341-7098
info@palm-desert.org
REQUEST FOR QUOTES
ELECTRICAL AND LIGHTING SERVICES FOR CITY-OWNED FIRE FACILITES
PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert is accepting quotes
for miscellaneous electrical and lighting services as needed at City-owned fire facilities.
The term of this agreement is for thirty-six months (3 years) with two optional one
year extensions and shall not exceed Fifty Thousand Dollars ($50,000) annually
without written approval of the City Council or City Manager, as applicable. Materials will
be reimbursed at cost plus 15%. Successful contractor will also be required to respond
after-hours, weekends and holidays. The contractor will be required to possess the
necessary Contractor's License, a current City Business License, and insurance, and to
execute and comply with the terms of a City issued agreement (sample agreement
attached). The City will receive such quotes electronically via email, Attn: Cora
Gaugush at cgaugush@cityofpalmdesert.org _up to the hour of 10:00 am. Monday
August 26th, 2022.
Prevailing wage payments and registration with the Department of Industrial Relations
(DIR) is required when certain criteria are met. In accordance with City of Palm Desert
Ordinance No. 1335, Section 3.30.060 Public Projects. Item D. Municipal projects. Except
on locally funded public projects of twenty-five thousand dollars ($25,000) or less when
the project is for construction work, or fifteen thousand dollars ($15,000) or less when the
project is for alteration, demolition, repair or maintenance work, all contractors performing
work on City public projects shall be subject to California Prevailing Wage Law, codified
at California Labor Code Section 1720 et seq., as it may be amended from time to time,
or otherwise proscribed by law. The only limitation on the provisions of this subsection
shall be in the event federal funding requirements supersede state prevailing wage laws.
A copy of prevailing wage rates may be obtained by accessing the Department of
Industrial Relations website at: www.dir.ca.gov/DLSR/statistics_research.html or by
contacting the District Office at 464 West Fourth Street, San Bernardino, California 92401.
LUMP SUM TOTAL (All inclusive) $
Regular Hourly Rate $ 125 (All inclusive)
After-Hours Rate $ 158 (All inclusive)
Weekend Rate $ 180 (All inclusive)
Holiday Rate $ 195 (All inclusive)
Item 1J-27
Request for Quotes -Electrical Services
Page 2 of 2
COMPANY'S INFORMATION (Print) Name: Palmer Electric
Address: 42215 Washington St. STE A305, Palm Desert, CA 92211
Phone: 760-797-7878 I Fax:
Email: info@PalmerElectricCo.com
City Business License No. 13703344
Contractor's License No. 1038 641
DIR No. PW-LR-1000380872
Contractor will be res12,onsible to furnish all materials1 eg_ui12,ment1 traffic control1 tools1 labor1 su12,ervision1 training_ and incidentals required for the successful com12,letion of the above-mentioned tasks. Work to be done when 12,edestrian use is minimal.
For more information, contact Cora Gaugush, Management Specialist II, at 760-
574-3541 or at cgaugush.org
Palm Desert is committed to inclusion and diversity and welcomes proposals and bids
from contractors, consultants, and vendors of all faiths, creeds, ancestries, and
ethnicities without regard to disability, gender identity, sexual orientation, or immigration
status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred,
bullying, or violence towards any group within or outside of our community
Item 1J-28
CITY OF PALM DESERT
Public Works Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
Telephone: (760) 346-0611
Fax: (760) 341-7098
info@palm-desert.org
REQUEST FOR QUOTES
ELECTRICAL AND LIGHTING SERVICES FOR CITY-OWNED FIRE FACILITES
PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert is accepting quotes
for miscellaneous electrical and lighting services as needed at City-owned fire facilities.
The term of this agreement is for thirty-six months (3 years) with two optional one
year extensions and shall not exceed Fifty Thousand Dollars ($50,000) annually
without written approval of the City Council or City Manager, as applicable. Materials will
be reimbursed at cost plus 15%. Successful contractor will also be required to respond
after-hours, weekends and holidays. The contractor will be required to possess the
necessary Contractor's License, a current City Business License, and insurance, and to
execute and comply with the terms of a City issued agreement (sample agreement
attached). The City will receive such quotes electronically via email, Attn: Cora
Gaugush at cgaugush@cityofpalmdesert.org _up to the hour of 10:00 am. Monday
August 26th, 2022.
Prevailing wage payments and registration with the Department of Industrial Relations
(DIR) is required when certain criteria are met. In accordance with City of Palm Desert
Ordinance No. 1335, Section 3.30.060 Public Projects. Item D. Municipal projects. Except
on locally funded public projects of twenty-five thousand dollars ($25,000) or less when
the project is for construction work, or fifteen thousand dollars ($15,000) or less when the
project is for alteration, demolition, repair or maintenance work, all contractors performing
work on City public projects shall be subject to California Prevailing Wage Law, codified
at California Labor Code Section 1720 et seq., as it may be amended from time to time,
or otherwise proscribed by law. The only limitation on the provisions of this subsection
shall be in the event federal funding requirements supersede state prevailing wage laws.
A copy of prevailing wage rates may be obtained by accessing the Department of
Industrial Relations website at: www.dir.ca.gov/DLSR/statistics_research.html or by
contacting the District Office at 464 West Fourth Street, San Bernardino, California 92401.
LUMP SUM TOTAL (All inclusive) $50,000.00
Regular Hourly Rate $ 129.95 (All inclusive)
After-Hours Rate $ 139. 95 (All inclusive)
Weekend Rate $ 139. 95 (All inclusive)
Holiday Rate $ 149.95 (All inclusive)
Item 1J-29
Request for Quotes -Electrical Services
Page 2 of 2
COMPANY'S INFORMATION (Print) Name: Horizon Lighting, Inc.Address: 2351 McGaw Ave.
Irvine, CA 92614
Phone: (949)336-4336 I Fax: (949)336-4337
Email: jhunter@horizonlightinginc.com
City Business License No. 13702611
Contractor's License No. 877805
DIR No. 1000023235
Contractor will be res12,onsible to furnish all materials1 eg_ui12,ment1 traffic control1 tools1 labor1 su12,ervision1 training_ and incidentals required for the successful com12,letion of the above-mentioned tasks. Work to be done when 12,edestrian use is minimal.
For more information, contact Cora Gaugush, Management Specialist II, at 760-
574-3541 or at cgaugush.org
Palm Desert is committed to inclusion and diversity and welcomes proposals and bids
from contractors, consultants, and vendors of all faiths, creeds, ancestries, and
ethnicities without regard to disability, gender identity, sexual orientation, or immigration
status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred,
bullying, or violence towards any group within or outside of our community
Item 1J-30
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Veronica Chavez, Director of Finance
REQUEST: RECEIVE AND FILE REPORT ON UNIVERSITY PARK INVESTORS’
REQUEST TO ISSUE NEXT SERIES OF BONDS FOR THE CITY OF
PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1
(UNIVERSITY PARK)
RECOMMENDATION:
Receive and file report on University Park Investors’ Request to issue next series of bonds for
the City of Palm Desert Community Facilities District No. 2021-1 (University Park) (“CFD”).
BACKGROUND/ANALYSIS:
The developer, University Park Investor, LLC (“UPI”), has asked staff to begin the process to
issue the next series of bonds for the CFD. In 2021, the CFD issued $15.2 million of the
authorized $50 million incurred to finance various public improvements within the District. UPI
understands that the additional series of bonds will be subject to satisfying a minimum 4 to 1
value-to lien requirement, and a 110% debt service coverage requirement. In order to facilitate
the developer’s request, the following issuance team may be asked to resume their work on the
next series of Bonds by the CFD:
Underwriter Piper Sandler & Co.
Municipal Advisor Del Rio Advisors
Special Tax Consultant Willdan
Bond Counsel Richards, Watson and Gershon
Disclosure Counsel Best, Best & Krieger
Appraiser Capital Realty Analysts
Market Absorption Empire Economics
FINANCIAL IMPACT:
The costs of issuance for the Bonds (including the underwriter’s discount, compensation to the
Municipal Advisor, Bond Counsel, Disclosure Counsel, Special Tax Consultant and other costs,
i.e. staff costs, printing costs for the official statement) will be paid from proceeds of the bond
issuance. A developer deposit will be requested in order to cover the City’s non-contingent
consultant costs in the event that the Bonds are not issued for any reason.
REVIEWED BY:
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Request from UPI
Item 1K-1
26840 Aliso Viejo Pkwy, Suite 110, Aliso Viejo, CA, 92656 949.388.9269 DPFG.com
May 16, 2023
Veronica Chavez
Finance Director
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: City of Palm Desert CFD No. 2021-1 University Park (Bond Issuance Request)
Dear Veronica:
On behalf of University Park Investor, LLC, (“Developer”) we are requesting the initiation to proceed
with the issuance of a second series of bonds for the City of Palm Desert CFD No. 2021-1 University Park
(“CFD”).
We acknowledge that the additional series of bonds will be subject to satisfying a minimum 4 to 1 value-to-
lien requirement, and a 110% debt service coverage requirement.
We look forward to working with you and your financing team on the upcoming bond issuance for CFD
No. 2021-1. In the meantime, should you have any questions or comments, please do not hesitate to contact
me at (949) 388-9269 ext. 1109.
Sincerely,
Peter Piller
Managing Principal
cc: Ravi Nandwana, Mission Valley Properties
Rory Ingels, Blackrock
Doug Praw, Holland & Knight LLP
Todd Hileman, City of Palm Desert
Item 1K-2
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: REQUEST MAYOR KATHLEEN KELLY TO SIGN THE NATIONAL
WILDLIFE FEDERATION’S MAYORS’ MONARCH PLEDGE TO RENEW
THE CITY’S EFFORTS TO PROTECT AND ENHANCE THE
POLLINATOR POPULATION
RECOMMENDATION:
1.Adopt a Resolution authorizing the City of Palm Desert to enter into the National Wildlife
Federation’s Mayors’ Monarch Pledge and issue a proclamation on the City’s Monarch Day
Pledge.
2.Authorize staff to work in collaboration with the Living Desert Zoo and Gardens and University
of California, Riverside (UCR) Palm Desert Center to carry out the three specific actions listed
below within the next year:
a.Issue a Proclamation to raise awareness about the decline of the monarch butterfly and
the species’ need for habitat.
b.Increase the area of pollinator-friendly demonstration garden at Civic Center Park.
c.Support milkweed propagation by planting milkweed at various City parks and medians,
where advisable.
BACKGROUND/ANALYSIS:
The monarch butterfly is known for the migration it makes every year from Canada and the
eastern, central, and western United States to the central mountains of Mexico. Palm Desert is
on the west coast flyway for monarchs heading to and from Mexico. Unfortunately, the monarch
butterfly is disappearing, and scientists indicate that the population has declined by 90% over
the last twenty years.
Like all butterflies, monarchs lay their eggs on select plants, called “host plants”, the only plants
their caterpillars can eat. For monarchs in Palm Desert, desert milkweed (Asclepias subulata) is
the host plant. Studies show that milkweed across the United States declined by 58% from 1999
to 2010, which has critically affected the monarch population.
The City was approached in 2021 by The Living Desert Zoo and Gardens requesting that the
Mayor take a pledge on specific projects that create public awareness and increase the number
of monarch butterflies in Palm Desert and the Coachella Valley. Increasing the number of
monarchs in the Coachella Valley is important because they are significant pollinators for local
fruit, nut, and vegetable growers.
Since Staff were authorized to collaborate with The Living Desert Zoo and Gardens on the
Pledge in 2021 a monarch butterfly mural was installed within the City, a pollinator garden with
directional signage and QR code directing residents to native planting resources was established
Item 1L-1
City of Palm Desert
Approve Renewal of Mayors’ Monarch Pledge
Page 2 of 3
in Civic Center Park, and milkweed planting began in various landscaped areas throughout the
City.
These pledged actions have made significant progress and additional actions are planned for
2023, including the expansion of the pollinator garden in Civic Center Park and continuing to
include milkweed in City landscape plans.
Upon completion of all items, the City will be asked to submit a simple reporting form regarding
the action measures taken on an annual basis. This information will be used by the National
Wildlife Federation to track the collective outcomes and impacts of this action.
Staff will continue to explore ways to implement additional pledge actions as it works with The
Living Desert Zoo and Gardens and UCR Palm Desert Center to create awareness and
appreciation for monarch butterfly habitats should the City Council approve entering into this
pledge once again.
Action Items Committed for 2023
Communications and Convening▸
• Issue a Proclamation to raise awareness about the decline of the monarch butterfly and
the species’ need for habitat.
Program and Demonstration Gardens▸
• Plant or maintain a monarch and pollinator-friendly demonstration garden at City Hall or
another prominent or culturally significant community location.
• Facilitate or support a milkweed seed collection and propagation effort.
Strategic Plan:
The Mayors’ Monarch Pledge and associated projects foster a partnership with The Living
Desert Zoo and Gardens and UCR Palm Desert Center to create areas within the City dedicated
to conservation of pollinator species. This concept aligns with Priority 2 of the Strategic Plan
which focuses on innovative ideas to provide recreation to the community through creative
collaboration with partner agencies. The Strategic Plan also points out that art and culture drive
economic growth in the City which supports the installation of the monarch mural.
FINANCIAL IMPACT:
The annual maintenance cost for the pollinator garden is included in the Civic Center Park
Landscape Maintenance Contract (LMA 17) under Account No. 1104610-4332001; therefore, it
will have no further financial impact on the General Fund.
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
Item 1L-2
City of Palm Desert
Approve Renewal of Mayors’ Monarch Pledge
Page 3 of 3
ATTACHMENTS:
1. Community Profile Webpage
2. Resolution No. 2023-______
3. Proclamation
4. Site Map
Item 1L-3
Item 1L-4
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO THE NATIONAL
WILDLIFE FEDERATION MAYORS’ MONARCH PLEDGE
WHEREAS, the large and brilliantly colored monarch butterfly is among the most
easily recognizable of the butterfly species that call North America home; and
WHEREAS, the monarch butterfly population has declined by approximately 90
percent since the 1990s. Monarch butterflies face habitat loss and fragmentation in the
United States and Mexico; and
WHEREAS, Mayors and other local executives are taking action to help save the
monarch butterfly; and
WHEREAS, through the National Wildlife Federation Mayors’ Monarch Pledge, U.S.
municipalities and other communities are committing to create habitat for the monarch
butterfly and pollinators, and to educate citizens on how they can make a difference at
home and in their community; and
WHEREAS, as part of the Mayors’ Monarch Pledge, the City is required to take at
least three action items.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California:
SECTION 1. The Mayor is hereby authorized to issue a Proclamation pursuant to
Pledge Action Item under Communications and Convening in Exhibit A of this Resolution on
behalf of the City to raise awareness about the decline of the monarch butterfly and the
species’ need for habitat.
SECTION 2. The City Manager or designee is hereby directed to utilize the
appropriate City staff and departments to accomplish at least two of the Pledge Action items
listed in Exhibit A.
SECTION 3. The City Manager or designee is hereby encouraged but not required
to utilize appropriate City staff and departments to accomplish additional Pledge Action
Items listed in Exhibit A beyond those required in Sections 1 and 2 above.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 14th day of April, 2022 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
Item 1L-5
ABSTAIN:
_________________________________________
KATHLEEN KELLY, MAYOR
ATTEST:
_________________________________________
ANTHONY MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Item 1L-6
A PROCLAMATION BY THE CITY OF PALM DESERT
DESIGNATING THE 2023 POLLINATOR WEEK
WHEREAS, pollinator species such as honey bees, birds, bats and
butterflies are essential partners of farmers in producing food and are vital to
keeping items such as fruits, nuts and vegetables in our diets; and
WHEREAS, healthy pollinator populations are critical to the continued
economic well-being of agricultural producers in the Coachella Valley and of
the economy of the United States; and
WHEREAS, pollinator losses over the past few decades require
immediate attention to ensure the sustainability of our food production
systems, avoid additional economic impact on the agricultural sector, and
protect environmental health; and
WHEREAS, it is critically important to encourage the protection of
pollinators, increase the quality and amount of pollinator habitat and forage,
reverse pollinator losses, and help restore pollinator populations to healthy
levels.
NOW, THEREFORE, BE IT RESOLVED THAT I, Kathleen Kelly,
Mayor of the City of Palm Desert, California, along with the entire City
Council, do hereby proclaim the week of June 19 through June 25, 2023, as
City of Palm Desert
Pollinator Week
in recognition of the vital significance of protecting pollinator health, and I call
upon the residents of Palm Desert to join me in celebrating the significance
of pollinators with appropriate observances and activities.
In Witness Whereof, I have hereunto set my
hand and have caused the Official Seal of the
City of Palm Desert, California, to be affixed
this 8th day of June, 2023.
Item 1L-7
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Mayor's Monarch Pledge
Pollinator Friendly Demonstration Garden I
GARDEN
LOCATION
VICINITY MAP
Item 1L-8
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Sarah Castro, Administrative Assistant
REQUEST: RECEIVE AND FILE THE MONTHLY INVESTMENT REPORT, GENERAL
FUND, PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF
RESORT FINANCIAL REPORTS, FOR THE MONTHS OF MARCH AND
APRIL 2023
RECOMMENDATION:
Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and
Desert Willow Golf Resort Financial Reports for the months of March and April 2023.
BACKGROUND/ANALYSIS:
On May 31, 2023, the Finance Committee reviewed the financial reports for the months of March
and April 2023. The Finance Committee reviews the reports on a bi-monthly basis and then the
reports are forwarded to the City Council.
Staff recommends the reports be received and filed.
FINANCIAL IMPACT:
There is no financial impact with this action.
REVIEWED BY:
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort
Financial Reports for months ending March 31, 2023, and April 30, 2023
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Item 1M-64
CITY OF PALM DESERT
General Fund Financial Report
to
\
2022-23 Adjusted
Annual
Budget *
2022-23
YTD
Budget
2022-23
YTD
Actual
2022-23
% to YTD
Budget
Prior
YTD
Actual
Revenues
Sales Tax 25,673,460 15,999,593 15,066,889 94% 14,351,577 ↑ Sales Tax for January 2023, compared to prior year January 2022.
Transient Occupancy Tax 17,815,000 14,907,782 13,516,366 91% 11,746,879 ↑ Cash receipts for TOT lag behind budget reporting by one month.
License, Permits, & Charges 3,583,442 2,303,172 3,120,763 135% 2,501,001 ↑ Increase in Building Permits, SARDA reimbursement timing difference.
Property Tax 9,588,029 6,019,249 4,938,390 82% 4,770,387 ↑ Received in January and May of each Fiscal Year. Timing differences for unsecured taxes.
Franchise Fees 3,150,000 890,945 752,061 84% 848,519 ↓ Receive various times during the year.
Interest Income and Rent 805,000 657,303 2,075,015 316% 517,677 ↑ GF allocation of interest income estimated; actual allocation completed at year-end close. Rising interest rates.
State Subvention 4,810,000 2,435,063 2,519,147 103% 2,352,524 ↑ Majority of payments received in February & June.
All Others 2,150,950 2,150,950 4,183,476 194% 3,597,736 ↑ Increase from prior year, primarily from sale of land.
InterFund Transfers In 3,604,700 - 1,000,000 100%- ↑ Transfers are done various times during the year, primarily during year-end close.
TOTAL REVENUES 71,180,581 45,364,057 47,172,107 104%40,686,300
2022-23 Adjusted
Annual
Budget *
2022-23
YTD
Budget
2022-23
YTD
Actual Encumb.
2022-23
% to YTD
Budget
Prior
YTD
Actual
Expenditures
Police Services 20,976,865 10,211,302 8,936,688 12,262,096 88% 9,735,950 ↓ Variance result of timing differences in Riverside County Sheriff billing.
General Government + Contrib 17,827,082 11,956,446 12,585,126 1,728,096 105% 10,119,361 ↑ Increased actuals from prior year primarily from General Services budget, aligns with expected budget.
Public Works 9,568,825 6,089,132 5,342,574 1,145,474 88% 4,341,648 ↑ Timing of expenditures slightly different from prior year.
Parks 6,156,554 3,598,941 3,696,919 1,576,716 103% 2,741,008 ↑ Park & landscaping budgets higher than prior year.
Building and Safety 1,736,125 1,065,904 1,175,066 146,586 110% 1,135,665 ↑ Increased salaries & professional services from prior year, full year still expected to be within budget.
Community Development 3,157,784 1,829,727 2,050,029 442,131 112% 2,045,830 ↑ Increase in overall Planning & Community Development budget from prior year.
Economic Development 4,772,185 2,844,699 1,708,950 664,180 60% 2,486,557 ↓ Slight decrease from prior year actual, aligns with expectations.
InterFund Transfers Out 24,590,960 2,218,427 16,514,137 - 744% 830,000 ↑
TOTAL GEN FUND EXP 88,786,380 39,814,578 52,009,489 17,965,279 131%33,436,019
Total GF Exp and Encumb 69,974,768
Fire Protection Services 19,937,605 4,406,894 2,435,588 15,300,413 55% 3,869,949 ↓
Variance result of timing difference of Fire Billing, from Riverside County Fire Department and posting of structural
fire tax.
* Budget has been updated for General Fund-related Adjustments and Appropriations made by the Council through the midyear adjustment report.
Transfers completed at various times during the year, primarily during year-end close. Transfers for several large
transactions completed already, including the mall property, Lupine Plaza, Development Services lobby, and Discover
Palm Desert.
Explanation
Explanation
March 31, 2023 (Year to date)
(YTD Budget based on prior year percentage of actual to budget)
NEW FORMAT
Item 1M-65
CITY OF PALM DESERT
General Fund Financial Report
to
\
2022-23 Adjusted
Annual
Budget *
2022-23
YTD
Budget
2022-23
YTD
Actual
2022-23
% to YTD
Budget
Prior
YTD
Actual
Revenues
Sales Tax 25,673,460 18,126,996 17,376,419 96%16,259,849 ↑ Sales Tax for February 2023, compared to prior year February 2022.
Transient Occupancy Tax 17,815,000 17,815,000 16,050,359 90%15,442,886 ↑ Cash receipts for TOT lag behind budget reporting by one month.
License, Permits, & Charges 3,583,442 3,011,750 3,421,897 114%3,270,441 ↑ Increase in Building Permits from prior year.
Property Tax 9,588,029 6,887,610 5,508,120 80%5,458,582 ↑ Received in January and May of each Fiscal Year. Timing differences for unsecured taxes.
Franchise Fees 3,150,000 2,619,112 2,827,508 108%2,494,392 ↑ Received various times during the year.
Interest Income and Rent 805,000 695,799 2,385,622 343%547,996 ↑ GF allocation of interest income estimated; actual allocation completed at year-end close. Rising interest rates.
State Subvention 4,810,000 2,435,643 2,519,847 103%2,353,084 ↑ Majority of payments received in February & June.
All Others 2,150,950 2,150,950 4,435,422 206%3,835,454 ↑ Increase from prior year, primarily from sale of land.
InterFund Transfers In 3,604,700 2,458,448 1,000,000 100%2,000,000 ↓Transfers are done various times during the year, primarily during year-end close.
TOTAL REVENUES 71,180,581 56,201,308 55,525,194 99%51,662,684
2022-23 Adjusted
Annual
Budget *
2022-23
YTD
Budget
2022-23
YTD
Actual Encumb.
2022-23
% to YTD
Budget
Prior
YTD
Actual
Expenditures
Police Services 20,976,865 11,707,216 8,941,445 12,254,639 76%11,162,227 ↓Variance result of timing differences in Riverside County Sheriff billing.
General Government + Contrib 17,827,082 13,149,073 13,548,582 1,425,241 103%11,128,743 ↑ Increased actuals from prior year primarily from General Services budget, aligns with expected budget.
Public Works 9,568,825 6,916,887 5,876,098 1,086,098 85%4,931,850 ↑ Timing of expenditures slightly different from prior year.
Parks 6,156,554 4,321,402 4,111,124 1,317,963 95%3,291,245 ↑ Park & landscaping budgets higher than prior year.
Building and Safety 1,736,125 1,247,652 1,323,483 63,895 106%1,329,308 ↓Slight decrease from prior year actual, aligns with expectations.
Community Development 3,157,784 2,045,821 2,274,676 368,629 111%2,287,446 ↓Slight decrease from prior year actual, aligns with expectations.
Economic Development 4,772,185 3,168,131 2,159,471 1,072,796 68%2,769,269 ↓Slight decrease from prior year actual, aligns with expectations.
InterFund Transfers Out 24,590,960 2,218,427 16,564,137 - 747%830,000 ↑
TOTAL GEN FUND EXP 88,786,380 44,774,609 54,799,016 17,589,261 122%37,730,088
Total GF Exp and Encumb 72,388,277
Fire Protection Services 19,937,605 6,970,241 2,526,944 15,270,165 36%6,120,972 ↓
Variance result of timing difference of Fire Billing, from Riverside County Fire Department and posting of structural
fire tax.
* Budget has been updated for General Fund-related Adjustments and Appropriations made by the Council through the midyear adjustment report.
Transfers completed at various times during the year, primarily during year-end close. Transfers for several large
transactions completed already, including the mall property, Lupine Plaza, Development Services lobby, and Discover
Palm Desert.
Explanation
Explanation
April 30, 2023 (Year to date)
(YTD Budget based on prior year percentage of actual to budget)
NEW FORMAT Item 1M-66
City of Palm Desert
Parkview Office Complex
Income Statement
for month and fiscal year to date
March 31, 2023
Fiscal year 2022-2023
March-23 March-23 #%YTD YTD #%
Budget Actual Variance Variance Budget Actual Variance Variance
Revenues*
Rental 62,500$ 63,437$ 937$ 101.50%562,500$ 681,603$ 119,103$ 121.17%
Total Revenues 62,500$ 63,437$ 937$ 101.50%562,500$ 681,603$ 119,103$ 121.17%
Expenses**
Tenant Improvements [1]11,422$ -$ (11,422)$ 0.00%102,795$ 13,300$ 89,495$ 12.94%
Repairs & Maintenance- Building 2,500$ 1,898$ (602)$ 75.93%22,500$ 26,031$ (3,531)$ 115.69%
Repairs & Maintenance- Streets 1,667$ 188$ (1,479)$ 11.28%15,000$ 1,503$ 13,497$ 10.02%
Repairs & Maintenance- Other Equip 1,667$ -$ (1,667)$ 0.00%15,000$ -$ 15,000$ 0.00%
CAM Janitorial Services 13,740$ 27,857$ 14,117$ 202.74%123,660$ 127,432$ (3,772)$ 103.05%
CAM Landscaping Services 2,642$ -$ (2,642)$ 0.00%23,775$ 14,100$ 9,675$ 59.31%
CAM Alarm [2]315$ -$ (315)$ 0.00%2,835$ 2,945$ (110)$ 103.87%
CAM Pest Control 171$ 171$ -$ 0.00%1,535$ 1,364$ 171$ 88.89%
CAM Utilities-Gas/Electric [3]1,175$ 9,199$ 8,024$ 782.92%59,325$ 65,069$ (5,744)$ 109.68%
CAM Utilities-Waste Disposal 820$ 817$ (3)$ 99.63%7,380$ 7,353$ 27$ 99.63%
CAM Utilities-Water 400$ 509$ 109$ 127.37%3,600$ 2,786$ 814$ 77.39%
CAM Utilities-Telephone 750$ 510$ (240)$ 68.04%6,750$ 3,969$ 2,781$ 58.80%
Total Expenses 37,267$ 41,150$ (3,883)$ 110.42%384,155$ 265,852$ 118,302$ 69.20%
Operating Income 25,233$ 22,287$ (2,945)$ 88.33%178,345$ 415,750$ 237,405$ 233.12%
Equipment Replacement Reserve [4]-$ -$ -$ 0.00%-$ -$ -$ 0.00%
Net Income 25,233$ 22,287$ (2,945)$ >100%178,345$ 415,750$ 237,405$ >100%
[1] Tenant improvements are completed at various times throughout the year.
[2] Two months of alarm expenses charged to prior month, year-to-date alarm budget overage caused by repairs needed to alarm systems.
[3] YTD overage in gas/electric covered by additional revenue received from rent increases at new lease signing.
[4] Funds are recorded to the equipment replacement reserve at yearend after the calculation of depreciation.
CAM charges are broken out for Finance Committee reporting purposes, but are all budgeted as "Common Area Maintenance." Budget overages in CAM line
items are often offset by budget savings in other CAM line items.
Note: This schedule does not include rents received into this enterprise fund for other City-owned buildings
*Revenues do not include interest income, which is allocated at fiscal year-end. Several updated lease documents were approved by Council over the November-January
timeframe, which is expected to lead to increased revenues in the second half of the fiscal year.
**Above expenses include only operational budgets. An additional $1,497,600 and $300,000 are set aside in FY22/23 for capital improvements and transfers, respectively.
PARKVIEW FY23 Fin Committee WkshtReport Mar 2023 Page 1Item 1M-67
City of Palm Desert
Parkview Office Complex
Income Statement
for month and fiscal year to date
April 30, 2023
Fiscal year 2022-2023
April-23 April-23 #%YTD YTD #%
Budget Actual Variance Variance Budget Actual Variance Variance
Revenues*
Rental 62,500$ 66,671$ 4,171$ 106.67%625,000$ 748,274$ 123,274$ 119.72%
Total Revenues 62,500$ 66,671$ 4,171$ 106.67%625,000$ 748,274$ 123,274$ 119.72%
Expenses**
Tenant Improvements [1]11,422$ 1,650$ (9,772)$ 14.45%114,217$ 14,950$ 99,267$ 13.09%
Repairs & Maintenance- Building 2,500$ 771$ (1,729)$ 30.83%25,000$ 26,802$ (1,802)$ 107.21%
Repairs & Maintenance- Streets 1,667$ 188$ (1,479)$ 11.28%16,667$ 1,691$ 14,975$ 10.15%
Repairs & Maintenance- Other Equip 1,667$ -$ (1,667)$ 0.00%16,667$ -$ 16,667$ 0.00%
CAM Janitorial Services 13,740$ 357$ (13,383)$ 2.60%137,400$ 127,789$ 9,611$ 93.00%
CAM Landscaping Services 2,642$ 4,300$ 1,658$ 162.78%26,417$ 18,400$ 8,017$ 69.65%
CAM Alarm 315$ 507$ 192$ 160.85%3,150$ 3,451$ (301)$ 109.57%
CAM Pest Control 171$ 341$ 171$ 0.00%1,705$ 1,705$ -$ 100.00%
CAM Utilities-Gas/Electric [2]1,175$ 4,910$ 3,735$ 417.91%59,325$ 69,980$ (10,655)$ 117.96%
CAM Utilities-Waste Disposal 820$ -$ (820)$ 0.00%8,200$ 7,353$ 847$ 89.67%
CAM Utilities-Water 400$ 280$ (120)$ 70.08%4,000$ 3,066$ 934$ 76.66%
CAM Utilities-Telephone 750$ 810$ 60$ 108.04%7,500$ 4,779$ 2,721$ 63.73%
Total Expenses 37,267$ 14,114$ 23,153$ 37.87%420,247$ 279,966$ 140,280$ 66.62%
Operating Income 25,233$ 52,557$ 27,324$ 208.29%204,753$ 468,307$ 263,554$ 228.72%
Equipment Replacement Reserve [3]-$ -$ -$ 0.00%-$ -$ -$ 0.00%
Net Income 25,233$ 52,557$ 27,324$ >100%204,753$ 468,307$ 263,554$ >100%
[1] Tenant improvements are completed at various times throughout the year.
[2] YTD overage in gas/electric covered by additional revenue received from rent increases at new lease signing.
[3] Funds are recorded to the equipment replacement reserve at yearend after the calculation of depreciation.
CAM charges are broken out for Finance Committee reporting purposes, but are all budgeted as "Common Area Maintenance." Budget overages in CAM line
items are often offset by budget savings in other CAM line items.
Note: This schedule does not include rents received into this enterprise fund for other City-owned buildings
*Revenues do not include interest income, which is allocated at fiscal year-end. Several updated lease documents were approved by Council over the November-January
timeframe, which is expected to lead to increased revenues in the second half of the fiscal year.
**Above expenses include only operational budgets. An additional $1,497,600 and $300,000 are set aside in FY22/23 for capital improvements and transfers, respectively.
PARKVIEW FY23 Fin Committee WkshtReport Apr 2023 Page 1Item 1M-68
Tenant Current Suite #New Suite #
Bottom Floor
Anser Advisors 102 132
Congressman Calvert 129 129
Act for MS 106 126
Lift to Rise 108 123
Coachella Valley Mountain Conservancy 112 120
Lift to Rise 100 117
Lift to Rise No #No New #
Advantec 120 110
Vacant 1 118 107
Conference Room 119 104
Conference Room 115 101
Conference Room 105 141
Golden Construction 103 138
United Way 103 135
Second Floor
Vacant 2 200 215
CVAG - Traffic Management Center No #214
Department of Ag 208 212
Supervisor Perez 222 209
Lift to Rise No #206
Vacant 3 219 205
CVAG - CV Housing First No #202
Department of Ag 211 201
Vacant 4 201 219
Occupancy Rate:
Vacancy Rate:
1 Act for MS moved to Suite 106 as of 5/1/23
2 Formerly CVAG, undergoing renovation to split in two units (still housing CVAG Traffic Center).
3 Renovated and ready to lease (onboarding Property Manager)
4 Currently renovating and will be ready to lease soon (onboarding Property Manager)
17%
83%
Parkview Suites
Occupancy Report
As of April 30, 2023
Item 1M-69
Desert Willow Golf Resort
Standard Summary Income Statement
For the Nine Months Ending March 31, 2023 Month-to Date: March 2023
MTD MTD % of MTD % of
Actual Budget Budget Prior Year PY
REVENUES
Green Fees & Cart Fees 1,627,226 1,530,926 106%1,501,373 108%
Merchandise 142,234 118,695 120%155,104 92%
Other Pro Shop 14,555 10,287 141%10,522 138%
Range 15,420 12,587 123%13,965 110%
Food & Beverage 729,431 461,580 158%599,943 122%
Academy Merchandise 33,469 6,483 516%6,280 533%
Other Academy 51,409 42,657 121%52,029 99%
Other G&A Income 1,000 2,000 50%1,000 100%
-----------------------------------------------------------------------------------------------------------------------------------------
TOTAL REVENUE 2,614,744 2,185,214 120%2,340,216 112%
-----------------------------------------------------------------------------------------------------------------------------------------
COST OF SALES
Merchandise 69,348 64,698 107%68,998 101%
Academy 27,084 5,057 536%4,746 571%
Food & Beverage 191,552 152,421 126%162,143 118%
-----------------------------------------------------------------------------------------------------------------------------------------
TOTAL COGS 287,984 222,176 130%235,888 122%
-----------------------------------------------------------------------------------------------------------------------------------------
COGS - Merchandise %48.8%54.5%89.4%44.5%109.6%
COGS - Academy %80.9%78.0%103.7%75.6%107.1%
COGS - F&B %29.2%33.7%86.8%29.2%100.3%
PAYROLL
Course and Grounds 192,679 174,233 111%170,134 113%
Carts, Range, Starters, Etc.70,027 58,265 120%62,195 113%
Food and Beverage 318,912 225,218 142%253,830 126%
Pro Shop 61,043 62,214 98%56,634 108%
Clubhouse Services 20,198 19,552 103%18,751 108%
Academy 44,714 42,306 106%47,901 93%
General and Administrative 46,870 46,795 100%46,786 100%
Marketing 27,359 23,849 115%25,418 108%
-----------------------------------------------------------------------------------------------------------------------------------------
TOTAL PAYROLL 781,801 652,433 120%681,650 115%
-----------------------------------------------------------------------------------------------------------------------------------------
OPERATING EXPENSES
Course and Grounds 88,003 112,873 78%142,564 62%
Carts, Range, Starters, Etc.6,629 5,124 129%5,943 112%
Food and Beverage 96,272 40,619 237%59,873 161%
Pro Shop 2,483 6,320 39%4,831 51%
Clubhouse Services 36,021 31,872 113%47,846 75%
Academy 376 1,422 26%1,657 23%
General and Administrative 89,351 66,351 135%62,143 144%
Marketing 7,391 12,196 61%6,952 106%
-----------------------------------------------------------------------------------------------------------------------------------------
TOTAL OPERATING EXPENSES 326,525 276,778 118%331,809 98%
-----------------------------------------------------------------------------------------------------------------------------------------
TOTAL EXPENSES 1,396,310 1,151,387 121%1,249,347 112%
-----------------------------------------------------------------------------------------------------------------------------------------
EBITDA 1,218,434 1,033,827 118%1,090,869 112%
--------------------------------------------------------------------------------------------------------------------------
Item 1M-70
Desert Willow Golf Resort
Standard Summary Income Statement
For the Nine Months Ending March 31, 2023 Month-to Date: March 2023
MTD MTD % of MTD % of
Actual Budget Budget Prior Year PY
EBITDA 1,218,434 1,033,827 118%1,090,869 112%
-----------------------------------------------------------------------------------------------------------------------------------------
MANAGEMENT FEES (21,667)(21,667)100%(20,833)104%
-----------------------------------------------------------------------------------------------------------------------------------------
FINANCING ACITIVITY
Interest Expense - Debt (1,000)(4,110)24%(4,110)24%
Interest Expense - Leases (7,882)(4,922)160%(2,591)304%
Interest Income 12,875 30 42918%157 8209%
-----------------------------------------------------------------------------------------------------------------------------------------
TOTAL FINANCING ACTIVITY 3,994 (9,002)-44%(6,544)-61%
-----------------------------------------------------------------------------------------------------------------------------------------
OTHER INCOME (EXPENSE)
Non-Operating Revenue 25,200 25,200 100%25,200 100%
Facility Rent (8,000)(8,000)100%(8,000)100%
Depreciation & Amortization (114,496)(92,710)123%(92,710)123%
Taxes 2,432 (8,853)-27%(1,260)-193%
-----------------------------------------------------------------------------------------------------------------------------------------
TOTAL OTHER INCOME (EXPENSE)(94,864)(84,363)112%(76,770)124%
-----------------------------------------------------------------------------------------------------------------------------------------
NET INCOME 1,105,896 918,795 120%986,722 112%
============== ==============================================================
Paid Rounds 11,903 13,613 87%12,418 96%
Other Rounds 287 174 165%274 105%
Total Rounds 12,190 13,788 88%12,692 96%
Revenue/Paid Rounds 220 161 137%188 117%
Revenue/Total Rounds 214 158 135%184 116%
Green Fees / Cart Fees per Paid Rounds 137 112 122%121 113%
Green Fees / Cart Fees per Total Rounds 133 111 120%118 113%
F&B Revenue/Total Rounds 60 33 179%47 127%
Merchandise Revenue/Total Rounds 14 9 159%13 113%
Item 1M-71
Desert Willow Golf Resort YTD & Rolling 12 Months
Standard Summary Income Statement
For the Nine Months Ending March 31, 2023
YTD YTD % of YTD % of Annual Rolling
Actual Budget Budget Prior Year PY Budget 12 Months
REVENUES
Green Fees & Cart Fees 7,391,365 6,641,538 111%6,721,517 110%8,549,713 9,730,562
Merchandise 914,011 720,354 127%811,257 113%904,867 1,162,988
Other Pro Shop 435,309 453,355 96%438,775 99%473,645 478,537
Range 61,275 57,911 106%66,551 92%73,677 72,665
Food & Beverage 3,603,610 2,688,904 134%2,944,506 122%3,433,920 4,635,057
Academy Merchandise 60,560 32,356 187%40,197 151%51,599 85,295
Other Academy 292,968 234,121 125%259,068 113%284,051 356,923
Other G&A Income 32,689 20,050 163%20,538 159%26,050 49,773
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL REVENUE 12,791,787 10,848,589 118%11,302,409 113%13,797,521 16,571,799
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
COST OF SALES
Merchandise 505,611 393,608 128%407,579 124%493,960 633,156
Academy 48,858 25,238 194%30,130 162%40,247 67,009
Food & Beverage 1,016,645 847,331 120%821,509 124%1,095,686 1,330,972
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL COGS 1,571,114 1,266,177 124%1,259,218 125%1,629,893 2,031,137
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
COGS - Merchandise %55.3%54.6%101.2%50.2%110.1%54.6%642.6%
COGS - Academy %80.7%78.0%103.4%75.0%107.6%78.0%934.9%
COGS - F&B %31.6%34.2%92.5%30.9%102.6%34.3%407.9%
PAYROLL
Course and Grounds 1,640,823 1,547,217 106%1,447,883 113%2,071,977 2,158,156
Carts, Range, Starters, Etc.463,223 410,452 113%402,872 115%551,573 615,755
Food and Beverage 2,052,719 1,610,603 127%1,540,749 133%2,155,866 2,673,773
Pro Shop 490,773 504,143 97%461,618 106%680,580 659,636
Clubhouse Services 182,207 170,573 107%158,581 115%227,940 237,460
Academy 265,726 223,447 119%231,122 115%285,005 333,580
General and Administrative 397,979 412,065 97%406,226 98%568,821 554,767
Marketing 207,608 180,124 115%189,938 109%254,609 290,654
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL PAYROLL 5,701,058 5,058,623 113%4,838,990 118%6,796,370 7,523,780
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATING EXPENSES
Course and Grounds 1,439,378 1,349,692 107%1,364,313 106%1,718,803 1,826,956
Carts, Range, Starters, Etc.82,920 69,145 120%71,254 116%100,665 110,407
Food and Beverage 522,509 327,281 160%340,265 154%429,257 644,325
Pro Shop 66,658 65,064 102%47,731 140%107,040 74,031
Clubhouse Services 431,857 394,733 109%397,575 109%541,795 572,712
Academy 32,596 23,925 136%23,778 137%31,802 37,927
General and Administrative 512,730 423,760 121%433,190 118%546,010 665,023
Marketing 72,834 107,262 68%83,780 87%148,319 92,717
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL OPERATING EXPENSES 3,161,481 2,760,862 115%2,761,887 114%3,623,691 4,024,098
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL EXPENSES 10,433,654 9,085,662 115%8,860,095 118%12,049,954 13,579,015
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
EBITDA 2,358,133 1,762,927 134%2,442,315 97%1,747,567 2,992,784------------------------------------------------------------------------------------------------------------------------------------------------------------------
Item 1M-72
Desert Willow Golf Resort
Standard Summary Income Statement
For the Nine Months Ending March 31, 2023
YTD YTD % of YTD % of Annual Rolling
Actual Budget Budget Prior Year PY Budget 12 Months
EBITDA 2,358,133 1,762,927 134%2,442,315 97%1,747,567 2,992,784
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MANAGEMENT FEES (194,578)(195,000)100%(187,500)104%(460,000)(472,628)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FINANCING ACITIVITY
Interest Expense - Debt (12,307)(36,725)34%(36,327)34%(49,055)1,470
Interest Expense - Leases (40,474)(60,356)67%(28,302)143%(74,316)(47,543)
Interest Income 63,653 277 22957%410 15510%367 68,101
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL FINANCING ACTIVITY 10,873 (96,803)-11%(64,218)-17%(123,004)22,028
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OTHER INCOME (EXPENSE)
Non-Operating Revenue 75,600 75,750 100%75,600 100%101,100 100,800
Facility Rent (72,000)(72,000)100%(72,000)100%(96,000)(96,000)
Depreciation & Amortization (846,566)(834,391)101%(834,391)101%(1,112,521)(1,147,946)
Taxes (23,652)(22,920)103%(24,542)96%(22,856)(24,581)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL OTHER INCOME (EXPENSE)(866,618)(853,561)102%(855,333)101%(1,130,277)(1,167,727)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCOME 1,307,811 617,563 212%1,335,264 98%34,287 1,374,458
========================================================================================================
Paid Rounds 66,942 69,314 97%70,298 95%93,602 94,989
Other Rounds 1,762 1,152 153%1,687 104%1,764 2,094
Total Rounds 68,704 70,466 97%71,985 95%95,366 97,083
Revenue/Paid Rounds 191 157 122%161 119%147 174
Revenue/Total Rounds 186 154 121%157 119%145 171
Green Fees / Cart Fees per Paid Rounds 110 96 115%96 115%91 102
Green Fees / Cart Fees per Total Rounds 108 94 114%93 115%90 100
F&B Revenue/Total Rounds 52 38 137%41 128%36 48
Merchandise Revenue/Total Rounds 14 11 133%12 120%10 13
Item 1M-73
2018-2019 2019-2020 2020-2021 2021-2022 2022-2023
OPERATIONAL INCOME STATEMENT Actuals Actuals Actuals Actuals Estimated
Beginning Cash Balance 3,327,774 3,596,022 2,374,599 3,817,067 4,911,679
REVENUES
Green Fees & Cart Fees 7,080,240 5,582,594 7,481,139 9,060,713 9,870,914
Merchandise 809,498 713,947 785,205 1,060,234 1,167,967
Other Pro Shop 501,340 517,703 491,579 482,003 478,841
Range 43,827 35,476 67,454 77,941 72,665
Food & Beverage 2,869,768 2,216,719 2,181,902 3,975,953 4,744,535
Academy Merchandise 92,285 76,911 77,263 64,932 85,296
Other Academy 216,465 173,351 268,967 323,023 356,923
Other G&A Income 24,542 28,722 14,504 37,621 49,772
Transfer in from GF - - - - -
TOTAL REVENUE 11,637,965 9,345,423 11,368,013 15,082,421 16,826,914
EXPENDITURES
Cost of Good Sold 1,355,396 1,121,263 1,200,530 1,719,241 2,081,835
Payroll 5,264,339 5,171,186 5,410,712 6,661,711 7,714,446
Operating Expenses 3,086,672 2,954,736 2,918,415 3,624,504 4,162,481
Equipment/Leases 636,885 450,384 469,030 988,548 720,000
Other Expense 609,758 513,878 557,776 518,614 447,578
Loan Repayment from City ($1M still outstanding)- - - 500,000 500,000
Capital Improvement Plan
Firecliff Golf Course Renovation - - - - 3,500,000
Annual DWGR Capital Replacement Expenditures 658,476 271,100 459,151 414,346 490,000
Annual Perimeter & DW Drive Expenditures 142,881 182,157 187,417 190,454 400,000
Total CIP 801,357 453,257 646,568 604,801 4,390,000
TOTAL EXPENDITURES 11,754,407 10,664,704 11,203,031 14,617,418 20,016,340
Net Surplus/(Deficit)(116,442) (1,319,281) 164,982 465,003 (3,189,426)
Transfer in from Capital Reserve 657,435 367,697 577,065 464,767 700,000
Accrual to Cash Basis Adjustment (272,745) (269,839) 700,421 164,842
OPERATIONS RESERVE PLAN/ANALYSIS
Ending DW Cash Balance/Reserve 3,596,022 2,374,599 3,817,067 4,911,679 2,422,252
Restricted for Outstanding Operational Loan 2,000,000 2,000,000 2,000,000 1,500,000 1,000,000
90 Day Operations Reserve 2,738,262 2,552,862 2,639,116 3,378,154 3,781,585
Reserve Surplus/(Deficit) *(1,142,240) (2,178,263) (822,049) 33,524 (2,359,333)
* - Risk to General Fund
*CIP Reserve is currently fully funded by Amenity Fee from TimeShares/Capital Reserve Fund Balance is held by the City.
Desert Willow Golf Resort
Budget and Cash Flow Analysis
Item 1M-74
DWGR
Round Mix Analysis
For the Month Ended March 31, 2023
Rounds Dollars
Category 2022/2023 %Budget %Variance 2021/2022 %Variance 2022/2023 %Budget %Variance 2021/2022 %Variance
Public Rack 4,130 35%3,613 27%517 3,917 32%213 656,795$ 40%517,316 34%139,479$ 605,208$ 40%51,587$
Residents 1,109 9%2,012 15%(903) 1,330 11%(221) 57,472$ 4%98,897 6%(41,425)$ 69,156$ 5%(11,684)$
Outings 2,684 23%1,884 14%800 2,063 17%621 441,521$ 27%263,730 17%177,791$ 292,104$ 19%149,417$
Wholesale 1,546 13%1,945 14%(399) 2,104 17%(558) 210,733$ 13%214,936$ 14%(4,203)$ 241,143$ 16%(30,410)$
Loyalty/Special 2,434 20%4,159 31%(1,725) 3,004 24%(570) 260,480$ 16%435,747$ 28%(175,267)$ 293,457$ 20%(32,977)$
Total 11,903 13,613 (1,710) 12,418 (515) 1,627,001$ 1,530,626$ 96,374$ 1,501,068$ 125,933$
-13%-4%6%8%
Comp/Employee 287 174 113 274 13 -$ -$ -$ -$
Total 12,190 13,788 (1,598) 12,692 (502) 1,627,001$ 1,530,626$ 96,374$ 1,501,068$ 125,933$
2022/2023 Budget 2021/2022
Public Rack 159$ 143$ 155$
Residents 52$ 49$ 52$
Outings 165$ 140$ 142$
Wholesale 136$ 111$ 115$
Loyalty/Special 107$ 105$ 98$
Total 136.69$ 112.44$ 120.88$
Average Dollars per Round
G:\Finance\Derek White\My Documents\Analytics\ADR Analysis Monthly Reports\2022-2023\ADR analysis 22-23 4/20/2023
Item 1M-75
DWGR
Round Mix Analysis
For the Nine Months Ending March 31, 2023
Rounds Dollars
Category 2022/2023 %Budget %Variance 2021/2022 %Variance 2022/2023 %Budget %Variance 2021/2022 %Variance
Public Rack 20,910 31%18,861 27%2,049 19,526 28%1,384 2,764,219$ 37%2,351,819$ 35%412,400$ 2,431,383$ 36%332,836$
Residents 7,852 12%7,839 11%13 7,850 11%2 391,969$ 5%390,844 6%1,125$ 381,867$ 6%10,102$
Outings 13,031 19%11,212 16%1,819 11,718 17%1,313 1,757,605$ 24%1,270,646 19%486,959$ 1,332,810$ 20%424,795$
Wholesale 11,170 17%11,838 17%(668) 12,560 18%(1,390) 1,213,021 16%1,098,653$ 17%114,368 1,160,658 17%52,363
Loyalty/Special 13,979 21%19,563 28%(5,584) 19,022 27%(5,043) 1,259,243$ 17%1,525,993$ 23%(266,750)$ 1,410,550$ 21%(151,307)$
Total 66,942 69,314 (2,372) 70,676 (3,734) 7,386,057$ 6,637,955$ 748,102$ 6,717,268$ 668,789$
-3%-5%11%10%
Comp/Employee 1,762 1,152 610 1,309 453 -$ -$ -$ -$
Total 68,704 70,466 (1,762) 71,985 (3,281) 7,386,057$ 6,637,955$ 748,102$ 6,717,268$ 668,789$
2022/2023 Budget 2021/2022
Public Rack 132$ 125$ 125$
Residents 50$ 50$ 49$
Outings 135$ 113$ 114$
Wholesale 109$ 93$ 92$
Loyalty/Special 90$ 78$ 74$
Total 110.34$ 95.77$ 95.04$
Average Dollars per Round
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Item 1M-76
Desert Willow/PDRFC
Statement of Cash Flows-Combined
Indirect Method Reconciliation
3/31/2023
Cash Flows from Operating Activities
Net Income (Loss)1,307,811
Adjustments to reconcile net loss to
net cash provided by operating activities
Depreciation & Amortization expense 846,566
Bad Debt expense -
Gain on disposal of assets -
(Increase) Decrease in assets
Accounts Receivable (61,065)
Due from Employees -
Inventories (120,267)
Prepaid expenses 4,027
Increase (Decrease) in liabilities
Accounts Payable 521,635
Accrued Liabilities (297,700)
Deferred Revenue 84,635
Interest -
Due to Affiliates 72,000
1,049,831
Net cash flows from operating activities 2,357,642
Item 1M-77
Desert Willow/PDRFC
Statement of Cash Flows-Combined
Direct Method
3/31/2023
Cash Flows from Operating Activities
Cash Received From Customers 12,608,651
Interest Received 63,653
Other Operating Cash Receipts 75,600
Cash Paid to Suppliers and Employees (10,313,829)
Interest Paid (52,781)
Taxes Paid (23,652)
Net cash flows from operating activities 2,357,642
Cash Flows from Investing Activities
Contributed Capital -
Purchases of Property and Equipment (6,826,575)
Proceeds from sale of Property and Equipment -
Net cash flows from investing activities (6,826,575)
Cash Flows from Financing Activities
Loan proceeds-KSM/CITY -
Principal payments 6,975,243
Net cash flows from financing activities 6,975,243
Net change in cash 2,506,310
Cash at beginning of period 4,911,680
Cash at end of period 7,417,990
Item 1M-78
DWGR
F&B Revenue Analysis
Year-to-Date Revenue Analysis
3/31/2023
Dining Analysis
2022.2023 2021.2022 Variance %
Dining Covers 58,401 64,834 (6,433)-10%
Dining Revenue 1,426,846$ 1,467,964$ (41,118)-3%
Dining - Ave Check 24.43$ 22.64$ 1.79$ 8%
Catering Analysis
2022.2023 2021.2022 Variance %
Catering Covers 16,844 11,686 5,158$ 44%
Catering Revenue 1,631,421$ 983,344$ 648,077$ 66%
Catering Ave Check 96.85$ 84.15$ 12.71$ 15%
Outlet Analysis
2022.2023 2021.2022 Variance %
Outlet Rounds 68,639 71,977 (3,338)$ -5%
Outlet Revenue 458,885$ 385,147$ 73,738$ 19%
Outing Ave Check 6.69$ 5.35$ 1.33$ 25%
Total F&B Revenue 3,517,152$ 2,836,455$ 680,697$ 24%
4/14/2023
Item 1M-79
2022.2023 July August September October November December January February March
Dining Covers 2,493 2,232 3,222 5,344 8,091 4,780 7,996 9,969 14,274
Catering Covers 609 622 1,776 2,672 1,825 2,812 1,225 2,130 3,173
3,102 2,854 4,998 8,016 9,916 7,592 9,221 12,099 17,447
Dining Revenue 58,206$ 53,320$ 79,143$ 130,449$ 223,044$ 108,659$ 197,607$ 256,242$ 320,177$
Catering Revenue 27,779$ 50,761$ 105,412$ 347,003$ 194,570$ 219,101$ 101,182$ 269,151$ 316,462$
85,985$ 104,081$ 184,554$ 477,452$ 417,614$ 327,760$ 298,789$ 525,393$ 636,639$
Dining - Ave Check 23.35$ 23.89$ 24.56$ 24.41$ 27.57$ 22.73$ 24.71$ 25.70$ 22.43$
Catering - Ave Check 45.61$ 81.61$ 59.35$ 129.87$ 106.61$ 77.92$ 82.60$ 126.36$ 99.74$
Outlet Revenue 18,415$ 12,700$ 37,835$ 64,612$ 46,955$ 36,303$ 70,822$ 82,368$ 88,874$
Rounds 5,952 4,166 6,000 7,504 6,961 5,811 9,885 10,170 12,190
$'s per Round 3.09$ 3.05$ 6.31$ 8.61$ 6.75$ 6.25$ 7.16$ 8.10$ 7.29$
2021.2022 July August September October November December January February March
Dining Covers 2,329 2,438 3,517 6,620 9,299 5,926 9,127 11,304 14,274
Catering Covers 531 241 846 2,091 1,788 1,663 742 1,546 2,238
2,860 2,679 4,363 8,711 11,087 7,589 9,869 12,850 16,512
Dining Revenue 53,314$ 51,089$ 78,284$ 143,499$ 210,002$ 135,512$ 199,563$ 266,395$ 330,307$
Catering Revenue 24,553$ 15,302$ 45,534$ 147,461$ 170,826$ 160,343$ 57,933$ 182,905$ 178,486$
77,867$ 66,391$ 123,817$ 290,960$ 380,828$ 295,855$ 257,496$ 449,301$ 508,793$
Dining - Ave Check 22.89$ 20.96$ 22.26$ 21.68$ 22.58$ 22.87$ 21.87$ 23.57$ 23.14$
Catering - Ave Check 46.24$ 63.49$ 53.82$ 70.52$ 95.54$ 96.42$ 78.08$ 118.31$ 79.75$
Outlet Revenue 21,560$ 14,260$ 25,524$ 53,436$ 44,416$ 35,289$ 56,888$ 64,922$ 68,852$
Rounds 6,194 4,732 6,268 7,832 7,299 5,827 10,614 10,519 12,692
$'s per Round 3.48$ 3.01$ 4.07$ 6.82$ 6.09$ 6.06$ 5.36$ 6.17$ 5.42$
PDRFC COVER ANALYSIS
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Christina Canales, Land Development Technician
REQUEST: ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL
PERFORMANCE AND THE LABOR AND MATERIALS BONDS, AND
ACCEPT A MAINTENANCE BOND FOR PM 37512 FOR REVEL
RECOMMENDATION:
1. Accept public improvements.
2. Release the Faithful Performance Bond in the amount of $50,960.75 and the Labor and
Materials Bond in the amount of $25,480.38.
3. Accept the Maintenance Bond in the amount of $5,096.07.
BACKGROUND/ANALYSIS:
On November 15, 2018, the City Council approved by Resolution No. 2018-87, a request by The
Wolff Company (6710 E. Camelback Road, Ste.100, Scottsdale, AZ 85251) to construct a senior
living project of 164 dwelling units and a clubhouse located 74300 Country Club Drive.
Bonds in the amount of $50,960.75 for Faithful Performance and $25,480.38 for the Labor and
Materials were submitted for public improvements at the time of parcel map approval.
All public improvements are complete. On May 11, 2023, the Public Works Department verified
the completion of all public improvements for this project. Additionally, the Engineer of Record
has submitted a Letter of Certification verifying the completion of improvements.
Requirements for this project can be found in the approved grading plan G-1429, as well as the
approved Engineer’s Estimate. Public improvements completed in this phase include median
improvements, sidewalks, landscaping, and driveway approaches. A Record Drawing of the
improvements is on file in the Development Services Department.
Pursuant to the Palm Desert Municipal Code Section 26.28.140, the City of Palm Desert requires
the acceptance of a ten percent (10%) Maintenance Bond for a one-year period after the
completion of improvements. The developer has submitted a bond in the amount of $5,096.70.
Staff recommends that the City Council authorize the acceptance of public improvements, the
release of the Faithful Performance and Labor and Material Bonds, and the acceptance of the
maintenance bond.
Strategic Plan:
This action has no impact on the Strategic Plan.
Item 1N-1
City of Palm Desert
Accept off-site improvements, Release the Faithful Performance and the Labor and Materials
Bonds, and Accept a Maintenance Bond for Revel
Page 2 of 2
FINANCIAL IMPACT:
With the approval of this action, the City of Palm Desert will be responsible for the maintenance
of public improvements, including streets, storm drains, and sidewalks. Costs to maintain these
improvements are estimated to be approximately two-hundred and eighty dollars per year
($280).
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Vicinity Map
2.Faithful Performance and Labor and Material Bonds
3.Receipt for Maintenance Check
Item 1N-2
VICINITY MAP-PM 37512-REVEL
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DESCRIPTION ACCOUNT STATUS PAID
PermitTRAK
PG18-0014 Address: 74300 COUNTRY CLUB DR APN: 620430025
MAINTENANCE BOND GL-6100000-2280100 ORIGINAL $5,096.07
TOTAL FEES PAID BY RECEIPT: R54286 $5,096.07
Printed: Thursday, May 18, 2023 8:14 AM
Date Paid: Thursday, May 18, 2023
Paid By: PALM DESERT SR DEV LP
Pay Method: CHECK 415
1 of 1
Cashier: RML
Cash Register Receipt
City of Palm Desert
Receipt Number
R54286
Item 1N-13
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Christina Canales, Land Development Technician
REQUEST: ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL
PERFORMANCE AND THE LABOR AND MATERIALS BONDS, AND
ACCEPT A MAINTENANCE BOND FOR TR 36351 FOR SAGE
RECOMMENDATION:
1. Accept public improvements.
2. Release the Faithful Performance Bond in the amount of $1,291,600.00 and the Labor and
Materials Bond in the amount of $645,800.00.
3. Accept the Maintenance Bond in the amount of $129,160.00.
4. Accept Construction Entrance Bond in the amount of $20,079.00.
BACKGROUND/ANALYSIS:
On December 2, 2014, the Planning Commission approved by Resolution No. 2639, a request
by Ponderosa Homes II, Inc. (5020 Franklin Drive, Suite 200, Pleasanton, CA 94588) to
construct 111 single-family residential homes (PP 14-170) located on at Dick Kelly Drive, east
of Dinah Shore Drive.
Bonds in the amount of $1,291,600.00 for Faithful Performance and $645,800.00 for the Labor
and Materials were submitted for public improvements at the time of the tract map approval.
On May 11, 2023, the Public Works Department verified the completion of all public
improvements for this project. All public improvements are complete, with the exception of the
construction entrance. Home building is ongoing and not part of the bonds to be released. The
construction entrance to this site will continue to be utilized until the home building is completed.
The City is holding a bond in the amount of $20,079.00. Additionally, the Engineer of Record
has submitted a Letter of Certification verifying the completion of improvements.
Requirements for this project can be found in the approved street plan E-983 and storm drain
plan E-982, as well as the approved Engineer’s Estimate. Public improvements completed in
this phase include street improvements, storm drain improvements, sidewalks, curb ramps, and
driveway approaches. A Record Drawing of the improvements is on file in the Development
Services Department.
Pursuant to the Palm Desert Municipal Code Section 26.28.140, the City of Palm Desert requires
the acceptance of a ten percent (10%) Maintenance Bond for a one-year period after the
completion of improvements. The developer has submitted a bond in the amount of $129,160.00.
Item 1O-1
City of Palm Desert
Accept off-site Improvements, Release the Faithful Performance and the Labor and Materials
Bonds, and Accept a Maintenance Bond for Sage
Page 2 of 2
Staff recommends that the City Council authorize the acceptance of public improvements, the
release of the Faithful Performance and the Labor and Material Bonds, and the acceptance of the
maintenance bond and construction entrance bond.
Strategic Plan:
This action has no impact on the Strategic Plan.
FINANCIAL IMPACT:
With the approval of this action, the City of Palm Desert will be responsible for the maintenance
of public improvements, including streets, storm drains, and sidewalks. Costs to maintain these
improvements are estimated to be seven hundred and fifty dollars ($750) per year.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Vicinity Map
2.Faithful Performance and Labor and Material Bonds
3.Receipt for Maintenance Bond
4.Construction Entrance Bond
Item 1O-2
TRACT 36351 SAGE VICINITY MAP
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: ESTABLISHMENT OF A LIBRARY TASKFORCE AND APPOINTMENT OF
MEMBERS
RECOMMENDATION:
Establish a new Library Taskforce and approve the appointment of members.
BACKGROUND/ANALYSIS:
On May 11, 2023, the City Council invited Mayor Kelly to provide names for a Library
Taskforce to be approved at a later meeting. The names below are provided. It includes all the
members of the Parks & Recreation Commission's subcommittee on the topic. Karen Gonzales
and Jann Buller are active in the Friends of the Palm Desert Library. Carol Marcuse is a former
President of the Library Promotions Committee with a background in project management and
event planning. Because this taskforce will be aiding staff in assessing a wide range of analytic
information and comparing alternatives, it is suggested that Chris Escobedo lead their
activities:
•Chris Escobedo, Staff Liaison
•Paul Murphy
•Ralph Perry
•John Maldonado
•Randy Bynder
•Matt Johnson
•Gustavo Gomez
•Karen Gonzales
•Jann Buller
•Carol Marcuse
•Evan Trubee, Council Liaison
•Jan Harnik, Council Liaison
Additional support staff as designated by the City Manager depending on the topic discussed.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
REVIEWED BY:
City Clerk: Anthony J. Mejia
City Manager: Todd Hileman
Item 1P-1
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Deborah Glickman, Management Analyst
REQUEST: APPROVAL OF A THREE (3) YEAR FUNDING AGREEMENT BETWEEN
THE CITY OF PALM DESERT AND THE COACHELLA VALLEY
ECONOMIC PARTNERSHIP (CVEP) CONSTITUTING CVEP’S FUNDING
FOR FY 2023/24, FY 2024/25, AND FY 2025/26
RECOMMENDATION:
1. Approve a three (3) year Funding Agreement in the amount of $50,000 per fiscal year, for a
total of $150,000, between the City of Palm Desert and CVEP for the City’s annual investments
for FY 2023/2024, FY 2024/2025, and FY 2025/2026.
2. Authorize the Mayor to execute the Agreement and allow the City Attorney to make non-
substantive changes.
BACKGROUND/ANALYSIS:
CVEP is a regional Coachella Valley economic development organization with a mission to bring
together the region's partners - including businesses of every size, the nine (9) cities,
unincorporated areas, the tribal governments, regional governments, and Visit Greater Palm
Springs to create a stronger year-round economy.
In order to assist CVEP with its mission, at its meeting of October 29, 2020, the City Council
approved a three-year funding agreement with CVEP for $50,000 annually for FY 2020/21, FY
2021/22, and FY 2022/23 for a total of $150,000. The agreement expires on June 30, 2023, and
with this report, staff is seeking approval to execute a new agreement with CVEP for the City’s
annual funding.
DISCUSSION:
The City's investment in CVEP is used to support its ongoing efforts to increase economic
development and employment opportunities and to diversify the Coachella Valley's economy,
thereby strengthening the City's fiscal well-being.
Highlights of CVEP’s accomplishments during Fiscal Years 2020/21 – 2022/23 include the
following:
• Authored, and released five (5) Business Impact Assessments on the impacts of the
COVID-19 pandemic on businesses and workers.
• Secured more than $3 million of Personal Protective Equipment (hand sanitizer, face
shields, and masks) for delivery to local businesses to assist them operate safely during
the COVID-19 pandemic.
Item 1Q-1
City of Palm Desert
CVEP Annual Funding
Page 2 of 2
•Produced a winner in the 2021 Coachella Valley Fast Pitch, in which entrepreneurs pitch
their business ideas to judges and are eligible for prizes and advancement to the regional
Fast Pitch Finale.
•Was honored with an International Economic Development Council Excellence Award in
the Special Events category for the production and promotion of the 2021 Coachella
Valley Fast Pitch.
•Served 120 non-iHUB client small and aspiring business owners through its Business
Services Center between FY 2020/2021 and 2021/2022, and 38 to date in FY 2022/2023.
•Promoted grant and professional development opportunities through social media and a
mailing list of nearly 5,000 Coachella Valley businesses and individuals.
•Distributed 96 e-blasts with information on grant and professional development
opportunities to a mailing list of more than 5,000 between May 2020 - May 2023.
•Published grant and professional development opportunities on all CVEP social media
platforms and generated more than 100,000 impressions per month across all channels.
•Assisted Palm Desert staff with data gathering.
CVEP assists in the creation of a more robust year-round economy, including Palm Desert.
Approval of the City's annual funding renewable annually for a maximum of three (3) years in
the amount of $50,000 per year will allow the CVEP to continue its work with Palm Desert
businesses and the Coachella Valley.
Highlights of the Agreement
The Agreement allows the City to review and approve the funding on an annual basis prior to
payment of the annual funding. The agreement also requires CVEP to provide a quarterly written
report to the City Manager detailing its activities in the past quarter including the following:
•Summary of CVEP’s regional activities
•Description of assistance to Palm Desert businesses
•Educational opportunities/workshops for Palm Desert businesses
FINANCIAL IMPACT:
Funds in the amount of $50,000 are being requested as part of the City's FY 2023/24 Budget, in
the Economic Development Department Account No. 1104430-4363000. Funds for FY 2024/25
and FY 2025/26 will be subject to appropriation in subsequent fiscal budgets.
REVIEWED BY:
Department Director: Eric Ceja
City Attorney: Isra Shah
Finance Director: John Ramont for Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENT:
1.Funding Agreement
Item 1Q-2
Contract No.
Page 1 of 5
AGREEMENT BETWEEN
COACHELLA VALLEY ECONOMIC PARTNERSHIP
AND THE CITY OF PALM DESERT AS IT RELATES TO
FUNDING AND PARTICIPATION
This JOINT FUNDING AGREEMENT (“Agreement”) is made by and between the CITY
OF PALM DESERT (“CITY”), a municipal corporation, and COACHELLA VALLEY
ECONOMIC PARTNERSHIP (“CVEP”), a nonprofit public corporation in California,
hereinafter sometimes referred to as “the Parties”.
WITNESSETH
WHEREAS, Coachella Valley Economic Partnership (CVEP) is a California
nonprofit corporation whose mission is to promote a diversified, year-round economy in
the Coachella Valley; and
WHEREAS, CVEP is the Coachella Valley's only regional economic vitality
organization devoted to economic development, research, and charting a path to a
future in which prosperity is both achievable and sustainable;
WHEREAS, CVEP is organized and operated within the meaning of Section
501(c)(3) of the Internal Revenue Code (Codes), and as per the code is intended to
lessen the burdens of government and shall not carry on any other activities not
permitted to be carried on by or inconsistent with an exemption from federal income tax
under Section 501(c)(3) of the Code; and
WHEREAS, CVEP is intended to be a regional effort and members appointed by
the CITY do not have a controlling majority of the Board; and
WHEREAS, the City makes an annual contribution to CVEP to assist with its
regional economic development efforts; and
WHEREAS, it is the intent and desire of the Parties to enter into this agreement
to provide annual investment funding from the City to CVEP in the amount of $50,000
for FY 2023/24, $50,000 for FY 2024/25, and $50,000 for FY 2025/26 upon
appropriation of budget.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter stated, the Parties agree as follows:
Section 1. Purpose:
This Agreement is made for the express purpose of City upon appropriation, to
provide a payment of Fifty Thousand Dollars and NO/100 ($50,000) in FY 2023/2024,
Fifty Thousand Dollars and NO/100 ($50,000) in FY 2024/2025, and Fifty Thousand
Item 1Q-3
Contract No.
Page 2 of 5
Dollars and NO/100 ($50,000) in FY 2025/2026 as annual investment funding to assist
CVEP operations.
Section 2. Term:
This Agreement shall be cover the time period of July 1, 2023 to June 30, 2026.
Section 3. Funding:
a) CVEP shall use funds provided by CITY for the purposes of support of CVEP’s
effort for regional economic development and its cost of annual operations in
support of its mission.
b) CVEP shall provide to City a written report in accordance with Exhibit “A”
(Reporting Requirements) to the City Manager on January 1, April 1, October 1,
and December 1 annually.
Section 4. Relationship of Parties.
It is understood that the contractual relationship of CVEP to the City is that of
Independent Contractor; CVEP is not the agent of the City, nor an employee of the City.
City shall not direct the manner in which CVEP provides its services, but CVEP shall be
responsible for the results achieved. City shall exercise no control over the manner and
details of CVEP staffing. The City is not responsible for salary reimbursement or
provisions.
Section 5. Assignment.
This Agreement shall not be assigned or duties hereunder delegated by CVEP
without the written consent of the City.
Section 6. Other Obligations.
The responsibilities and obligations of each Party to this Agreement shall be
solely as provided in this Agreement, or as may be provided for in supplemental
agreements to be executed by the Parties.
Section 7. Insurance.
(a) General Liability Insurance. CVEP shall maintain commercial general
liability insurance, on a primary basis. 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 shall be endorsed
that the City of Palm Desert and its officers, officials, employees, agents,
Item 1Q-4
Contract No.
Page 3 of 5
and volunteers are additional insureds and to waive subrogation against
the aforementioned parties.
(b) 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, and
volunteers.
Section 8. Hold Harmless.
CVEP’s relationship to the City is solely that of an independent contractor. No
employee of the CVEP is an employee or agent of the City in any respect, and CVEP
shall be solely responsible for all activities of its employees, agents, its own
independent contractors, and third parties for all losses, costs, damages, or injuries
(including wrongful death) caused by or arising out of any act or omission of the CVEP,
its employees, agents, or independent contractors relating to the services performed or
to be performed by CVEP hereunder. CVEP specifically agrees to save and hold
harmless the City, its officers, employees, and agents from any liability or claim of
liability arising from performance under this Agreement.
Section 9. Termination of Agreement.
City may, by written notice to CVEP, terminate the whole or any part of this
Agreement at any time and without cause by giving written notice to CVEP of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination.
Section 10. Notices:
Notices required or permitted hereunder shall be sufficiently given if made in
writing and delivered either personally, registered or certified mail, or other means
deemed acceptable for delivery of such notices, as follows:
CVEP: Coachella Valley Economic Partnership
3111 East Tahquitz Canyon Way
Palm Springs, CA 92262
ATTN: Joe Wallace, Chairman
City: City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Eric Ceja, Director of Economic Development
Item 1Q-5
Contract No.
Page 4 of 5
SIGNATURE PAGE FOR AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND COACHELLA VALLEY ECONOMIC PARTNERSHIP
CITY OF PALM DESERT COACHELLA VALLEY ECONOMIC PARTNERSHIP
A Municipal Corporation A Nonprofit Public Corporation
By: ___________________________ By:
KATHLEEN KELLY, MAYOR
Its:
Printed Name:
ATTEST:
By:
ANTHONY J. MEJIA, CITY CLERK
APPROVED AS TO FORM:
By:
BEST, BEST & KRIEGER, LLP
CITY ATTORNEY
QC:
Insurance:
Initial Review
Final Review
Item 1Q-6
Contract No.
Page 5 of 5
EXHIBIT “A”
REPORTING REQUIREMENTS
Reports are due annually on the following dates
• January 1
• April 1
• July 1
• October 1
Reports must include the following
• Summary of CVEP’s regional activities
• Description of assistance to Palm Desert businesses
• Educational opportunities/workshops for Palm Desert businesses
Item 1Q-7
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Marie de Vera, Executive Assistant
REQUEST: APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM
DESERT CHARTER MIDDLE SCHOOL GOVERNING COUNCIL, AND
THE CITY OF PALM DESERT
RECOMMENDATION:
Approve a Memorandum of Understanding (MOU) between the Desert Sands Unified School
District, Palm Desert Charter Middle School Governing Council, and the City of Palm Desert,
and authorize the City Manager to execute the MOU.
BACKGROUND/ANALYSIS:
The Palm Desert Sheriff’s Station currently utilizes one School Resource Officer (SRO)
position, which is assigned to Palm Desert High School (PDHS). The City and Desert Sands
Unified School District (District) split the cost of the SRO on a 50/50 basis. There was an SRO
previously assigned to Palm Desert Charter Middle School (PDCMS), but the school withdrew
its funding in fiscal year 2021 due to fiscal constraints. Since PDCMS is a charter school, they
have control over their budget and work with the District for agreements such as these cost-
sharing arrangements.
In the first quarter of 2023, staff worked with the Palm Desert Sheriff’s station to analyze the
impact of the SRO reduction on service levels. There was a total of 292 direct service hours
utilized on calls for service response at Palm Desert Schools (not including PDHS) with the
vast majority of them utilized at PDCMS. The calls for service were related to medical aid,
school violence threats, and missing juvenile reports. In addition to the direct service hours,
there are several hours spent on activity that is not captured in the sheriff’s department system
including collection of evidence, interviewing parties involved, and writing incident reports. By
adding a SRO, which costs 40% less than a patrol deputy, the City would be paying less by
adding a dedicated SRO to PDCMS and returning the direct and indirect patrol deputy time
currently responding to school sites back to daily patrols. Additionally, the school would receive
the benefit of having direct on-site access to an officer who can respond to calls for service as
well as provide mentorship and youth counseling support common with positions like an SRO.
City and sheriff department staff met with representatives of the District and PDCMS who were
both supportive and agreeable to adding an SRO at PDCMS on a 50/50 cost-split basis. Under
the proposed MOU, the total District contribution will be 50% coming from the PDCMS-
controlled funds moving forward and will be effective until either side decides to terminate, by
providing thirty (30) days written notice. The withdrawing member shall continue funding the
costs as included in this Agreement, from the time notification to withdraw from the Agreement
is given, until the end of the school year for when the notification of withdrawal was submitted.
Item 1R-1
City of Palm Desert
Palm Desert Charter Middle School - School Resource Officer
Page 2 of 2
Strategic Plan: This item is related to the Public Safety and Emergency Services section of
the Palm Desert Strategic plan under Priority 1: Enhance the delivery of public safety services.
Adding the SRO will provide a dedicated resource to a school site and enhance school safety.
FINANCIAL IMPACT:
The total cost for an SRO is $170,956.80. By approving this MOU, the City would contribute
half of the cost of $85,478.40. Funds are identified in the proposed FY 2023/24 budget for
police services.
REVIEWED BY:
Department Director: Chris Escobedo
City Attorney: Isra Shah
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.MOU
Item 1R-2
MEMORANDUM OF UNDERSTANDING
BETWEEN
DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT CHARTER MIDDLE SCHOOL GOVERNING COUNCIL,
AND THE CITY OF PALM DESERT
This Memorandum of Understanding (“MOU”) is made and entered into as of the 8th
day of June, 2023, by and between the DESERT SANDS UNIFIED SCHOOL
DISTRICT (“District”), PALM DESERT CHARTER MIDDLE SCHOOL GOVERNING
COUNCIL (“Governing Council”), and the CITY OF PALM DESERT (“City”),
sometimes referred to herein individually as “Party” and collectively as “the Parties.”
RECITALS
WHEREAS, the City and the District have successfully shared costs to provide a School
Resource Officer (“SRO”) assigned to Palm Desert High School for a number of years.
WHEREAS, the Parties now wish to similarly share costs to provide an SRO for Palm
Desert Charter Middle School (“PDCMS”).
NOW, THEREFORE, in consideration of the mutual conditions herein stated, the
receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as
follows:
SECTION I
TERM
1.1 This MOU shall become effective as of July 1, 2023 (“Effective Date”) and shall
remain in effect until terminated.
1.2 Any Party may terminate this MOU on an annual basis, with written notice of such
termination to the remaining Parties at least 30 days prior to the end of the then-
current school year. The withdrawing Party shall continue funding the costs set
forth in this MOU from the time notification of withdrawal from the MOU is given,
until the end of the school year for when the notification of withdrawal was
submitted.
SECTION II
SCHOOL RESOURCE OFFICER SALARY CONTRIBUTIONS
2.1 Commencing in School Year 2023-2024, the total District contribution shall be
50% of the costs for a SRO position that serves PDCMS. The costs will include
the SRO’s salary and benefits, prorated on an hourly basis, but will not include
administrative overhead or staff assistance. The SRO position’s salary will be
Item 1R-3
based on a ten-month average for the hours that the designated individual
spends directly working on his/her specific assignments during the school year.
SECTION III
ACCOUNTING AND FINANCIAL REPORTING
3.1 The City will invoice the District at the beginning of each school year for its
designated contribution. The District shall make payment to the City no later
than thirty (30) days after the receipt of such billing notification.
(Signatures on following page)
Item 1R-4
IN WITNESS WHEREOF, each of the Parties has caused this MOU 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
DESERT SANDS UNIFIED SCHOOL DISTRICT
By:
Its: SUPERINTENDENT
_________________________________________
Printed Name: DR. KELLY MAY-VOLLMAR
_________________________________________
PALM DESERT CHARTER MIDDLE SCHOOL
GOVERNING COUNCIL
By: ______________________________________
Its: PRESIDENT
_________________________________________
Printed Name: SALLIE FRASER
_________________________________________
By:
Its: VICE PRESIDENT
__________________________________________
Printed Name: IRENE TAYLOR
__________________________________________
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Richard D. Cannone, AICP, Development Services Director
REQUEST: APPROVE AMENDMENTS 5-7 TO CONTRACT NO. C41690 WITH HR
GREEN PACIFIC, INC.
RECOMMENDATION:
1.Approve Contract Amendment No. 5, increasing the budgeted amount of $590,000 to $675,000,
an increase of $85,000 for land development engineering supplemental staffing for land
development plan review and inspections for FY 2022/23.
2. Approve Contract Amendment No. 6 to ratify expenditures in the amount of $244,668 for
additional engineering services for the Section 29 Drainage Basin from FY 2021/22 and FY
2022/23 and extend this amendment to June 30, 2024.
3.Approve Contract Amendment No. 7 authorizing the final term of the contract for Building Plan
Check Services in an amount not to exceed $300,000 for FY 2023/24.
4.Authorize the City Manager to execute all documents to effectuate the intent of the agreement.
BACKGROUND/ANALYSIS:
Amendment No. 5
The City Council approved a one-year extension to Contract No. C41690 with HR Green Pacific, Inc.
on July 13, 2022, for on-call engineering services for the Development Services and Public Works
Departments with an original budget amount of $590,000 for FY 2022/23. Since then, there have
been three additional amendments related to supplemental engineering needs within the City.
Due to the ongoing surge of private development in the City and the need to supplement staff, a
shortfall of $85,000 is projected. To keep pace with this private investment, a full-time public works
inspector was needed to supplement public works inspections staff, and an associate engineer was
needed in-house three to four days a week to supplement land development staff to ensure review
deadlines were met, attend meetings, and quickly resolve any issues or address questions from
applicants.
This shortfall is based on invoices paid through Quarters 1-3 (July-March) totaling $505,808 for the
following:
•Land Development:$124,544
•Building & Safety:$219,495
•Public Works Inspections: $161,777
Staff is projecting an expense of $169,192 for Quarter 4 (April-June) for the following:
•Land Development:$42,101
•Building & Safety:$73,165
Item 1S-1
City of Palm Desert
HR Green Contract C41690: Amendment Nos. 5, 6, and 7
Page 2 of 3
•Public Works Inspections: $53,926
Summary Table:
Budgeted Amount $ 590,000
Quarter 1-3 Expenditures $ (505,808)
Quarter 4 Projected Expenditures $ (169,192)
Total $ ( 85,000)
Funds are available in Account No. 1104420-4301000 to cover the additional work.
Amendment No. 6
As a result of increased development in the City’s north sphere, an analysis needed to be conducted
to add capacity to the regional drainage basins. The focus was either expanding the existing Section
29 Pond, creating a supplemental basin on City-owned property to the east of the extension of
Portola Avenue or a combination of both.
On March 25, 2022, staff requested HR Green assess the two regional retention basins part of a
current and future Assessment District to determine adequacy to provide stormwater attenuation for
the servicing parcels of land: the Section 29 Regional Retention Pond and the Gerald Ford Regional
Retention Pond for $42,750. On June 9, 2022, staff requested HR Green to further assess
alternatives to supplement retention volume for the Section 29 Drainage Basin in the amount of
$33,140.
As a result of that assessment, a revised scope was sent on September 28, 2022, and staff
authorized preliminary and final engineering work in the amount of $81,140. On May 1, 2023, a
revised scope was submitted and authorized by staff to include additional final engineering plans,
construction administration, additional survey work, and CEQA permitting for an additional $87,638.
Initial Assessment $ 42,750
Alternatives $ 33,140
Prelim/Final Engineering $ 81,140
Additional Final Engineering $ 87,638
Total $ 244,668
Funds are available in Benefit Assessment District (BAD) No. 1 (Account No. 2894374-5000455) to
cover these costs.
Amendment No. 7
On June 24, 2021, the City of Palm Desert approved a Professional Services Agreement (Contract
No. C41690) with HR Green Pacific, Inc., for on-call professional services with the City’s
Development Services and Public Works Departments. The contract was approved for an initial term
of one year, with up to two (2) additional one-year extensions. Extension No. 1 was approved and
executed on July 13, 2022. This request is for Extension No. 2 (July 1, 2023 – June 30, 2024) but is
limited to Building Plan Check Services in an amount not to exceed $300,000 and the completion of
Item 1S-2
City of Palm Desert
HR Green Contract C41690: Amendment Nos. 5, 6, and 7
Page 3 of 3
the work authorized in Amendment No. 2 (Broadband) and Amendment No. 4 (Engineering Design
Manual).
FINANCIAL IMPACT:
HR Green’s contract has required several amendments in FY 2022/23 to accommodate the current
engineering needs of the City’s development.
Summary of Contract Changes
FY Agreement Contract Amount
21/22 C41690 $ 590,000
22/23
Amendment No. 1 $ 590,000
Amendment No. 2 $ 121,500
Amendment No. 3 $ 44,375
Amendment No. 4 $ 128,900
Amendment No. 5 $ 85,000
Amendment No. 6 $ 244,668
2022/23 Total $ 1,214,443
Funds for Amendment No. 5 - $85,000 are available in Account No. 1104420-4301000 and funds for
Amendment No. 6 - $244,668 are available in BAD No. 1, Account No. 2894374-5000455. Fund
for Amendment No. 7 - $300,000 have been included in the FY 2023/24 Budget Request in Account
No. 1104420-430100. Therefore, there is no additional impact to the General Fund as a result of
this request.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
City Attorney: Isra Shah
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Original Contract
2. Contract Amendment No. 5
3. Contract Amendment No. 6
4. Contract Amendment No. 7
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Contract No. C41690
AMENDMENT NO. 5 TO THE ON-CALL ENGINEERING SERVICES CONTRACT
BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC, INC.
1. Parties and Date.
This Amendment No.5 to the On-Call Engineering Services is made and entered into as of
this 8th day of June 2023, by and between the City of Palm Desert (“City”) and HR Green Pacific, Inc.
with its principal place of business at 260 Corona Pointe Court, #305, Corona, CA 92879
(“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively
as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled “On-
Call Engineering Services” dated 24th day of June 2021 (“Agreement” or “Contract”) for the purpose
of retaining the services of Consultant to provide ongoing and on-call engineering services for the
City.
2.2 Amendment. The City and Consultant desire to amend the Agreement to ratify
additional costs in the amount of $85,000 for land development inspections. The Parties have
heretofore entered into Amendment Numbers (1) dated June 14, 2022, (2) October 13, 2022, (3)
February 16, 2023, and (4) April 13, 2023, respectively.
2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section
3.6.14 of the Agreement.
3. Terms.
3.1 Scope of Services and Term.
Section 3.1.1 of the Agreement is hereby amended to read as follows:
Original Agreement, Amendment Nos. 1, 2, 3, and 4, with their respective
Exhibits, now with Amendment No. 5, attached hereto and incorporated
herein by reference.
Additional Engineering Services for Land Development Inspections
Summary of Compensation
FY Agreement Contract Amount
21/22 C41690 $ 590,000
22/23
Amendment No. 1 $ 590,000
Amendment No. 2 $ 121,500
Amendment No. 3 $ 44,375
Amendment No. 4 $ 128,900
Amendment No. 5 $ 85,000
Total $ 969,775
Item 1S-100
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3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever
the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as
amended by this Amendment No. 5.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 5.
3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
3.5 Counterparts. This Amendment No. 5 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
[SIGNATURES ON THE FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 5 TO ON-CALL ENGINEERING SERVICES
BETWEEN THE CITY OF PALM DESERT
AND HR GREEN PACIFIC, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 6 to the On-
Call Engineering Services contract as of the day and year first above written.
CITY OF PALM DESERT
Approved By:
By:
L. Todd Hileman
City Manager
Attested By:
By:
Anthony J. Mejia
City Clerk
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
HR Green Pacific, Incorporated
By:
Name: George A. Wentz
Its: Vice-President
QC
Insurance ID: _____________
__________ __________
Item 1S-102
Contract No. C41690
AMENDMENT NO. 6 TO THE ON-CALL ENGINEERING SERVICES CONTRACT
BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC, INC.
1. Parties and Date.
This Amendment No.6 to the On-Call Engineering Services is made and entered into as
of this 8th day of June 2023, by and between the City of Palm Desert (“City”) and HR Green Pacific,
Inc. with its principal place of business at 260 Corona Pointe Court, #305, Corona, CA 92879
(“Consultant”). City and Consultant are sometimes individually referred to as “Party” and
collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled “On-
Call Engineering Services” dated 24th day of June 2021 (“Agreement” or “Contract”) for the
purpose of retaining the services of Consultant to provide ongoing and on-call engineering
services for the City.
2.2 Amendment. The City and Consultant desire to amend the Agreement to ratify
$244,668 for additional Engineering Services needed for the Section 29 Drainage Basin attached
hereto as Exhibit “A.” The Parties have heretofore entered into Amendment Numbers (1) dated
June 14, 2022, (2) October 13, 2022, (3) February 16, 2023, (4) April 13, 2023, and (5) June 8,
2023, respectively.
2.3 Amendment Authority. This Amendment No. 6 is authorized pursuant to Section
3.6.14 of the Agreement.
3. Terms.
3.1 Scope of Services and Term.
Section 3.1.1 of the Agreement is hereby amended to read as follows:
Original Agreement, Amendment Nos. 1, 2, 3, 4, and 5 with their
respective Exhibits, now with Amendment No. 6 Exhibit “A” attached
hereto and incorporated herein by reference.
Additional Engineering Services for the Section 29 Drainage Basin
Summary of Compensation
FY Agreement Contract Amount
21/22 C41690 $ 590,000
22/23
Amendment No. 1 $ 590,000
Amendment No. 2 $ 121,500
Amendment No. 3 $ 44,375
Amendment No. 4 $ 128,900
Amendment No. 5 $ 85,000
Amendment No. 6 $ 244,668
Total $ 1,214,443
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3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 6,
all other provisions of the Agreement remain in full force and effect and shall govern the actions
of the parties under this Amendment No. 6. From and after the date of this Amendment No. 6,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 6.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 6.
3.4 Severability. If any portion of this Amendment No. 6 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5 Counterparts. This Amendment No. 6 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the
same instrument.
[SIGNATURES ON THE FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 6 TO ON-CALL ENGINEERING SERVICES
BETWEEN THE CITY OF PALM DESERT
AND HR GREEN PACIFIC, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 6 to the
On-Call Engineering Services contract as of the day and year first above written.
CITY OF PALM DESERT
Approved By:
By:
L. Todd Hileman
City Manager
Attested By:
By:
Anthony J. Mejia
City Clerk
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
HR Green Pacific, Incorporated
By:
Name: George A. Wentz
Its: Vice-President
QC
Insurance ID: _____________
__________ __________
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EXHIBIT A
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Contract No. C41690
AMENDMENT NO. 7 TO THE ON-CALL ENGINEERING SERVICES CONTRACT
BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC, INC.
1. Parties and Date.
This Amendment No.7 to the On-Call Engineering Services is made and entered into as
of this 8th day of June 2023, by and between the City of Palm Desert (“City”) and HR Green Pacific,
Inc. with its principal place of business at 260 Corona Pointe Court, #305, Corona, CA 92879
(“Consultant”). City and Consultant are sometimes individually referred to as “Party” and
collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled “On-
Call Engineering Services” dated 24th day of June 2021 (“Agreement” or “Contract”) for the
purpose of retaining the services of Consultant to provide ongoing and on-call engineering
services for the City.
2.2 Amendment. The City and Consultant desire to amend the Agreement to extend
the term of the agreement for an additional one (1) year in accordance with the provisions for the
term of the contract contained in Section 3.1.2, which allows for a maximum of two (2) one-year
(1) extensions. This Amendment No. 7 of the contract is to execute the final one-year extension
to the contract for Building Plan Check Services in an amount not to exceed $300,000 and the
completion of the work authorized in Amendment No. 2 (Broadband) and Amendment No. 4
(Engineering Design Manual).
.
2.3 Amendment Authority. This Amendment No. 7 is authorized pursuant to Section
3.6.14 of the Agreement.
3. Terms.
3.1 Scope of Services and Term.
Section 3.1.1 of the Agreement is hereby amended to read as follows:
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”).
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 On-Call Building Plan Check Services
necessary for the Project (“Building Plan Check Services”) and the completion
of the work authorized in Amendment No. 2 (Broadband) and Amendment No.
4 (Engineering Design Manual).
Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
Item 1S-135
Contract No. C41690
Page 2 of 3
Revised
BBK 72500.00001\32445060.1
The term of this Agreement shall be from July 1, 2023, through 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 Continuing Effect of Agreement. Except as amended by this Amendment No. 7,
all other provisions of the Agreement remain in full force and effect and shall govern the actions
of the parties under this Amendment No. 7. From and after the date of this Amendment No. 7,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 7.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 7.
3.4 Severability. If any portion of this Amendment No. 7 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5 Counterparts. This Amendment No. 7 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the
same instrument.
[SIGNATURES ON THE FOLLOWING PAGE]
Item 1S-136
Contract No. C41690
Page 3 of 3
Revised
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 7 TO ON-CALL ENGINEERING SERVICES
BETWEEN THE CITY OF PALM DESERT
AND HR GREEN PACIFIC, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 7 to the
On-Call Engineering Services contract as of the day and year first above written.
CITY OF PALM DESERT
Approved By:
By:
L. Todd Hileman
City Manager
Attested By:
By:
Anthony J. Mejia
City Clerk
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
HR Green Pacific, Incorporated
By:
Name: George A. Wentz
Its: Vice-President
QC
Insurance ID: _____________
__________ __________
Item 1S-137
[This page has intentionally been left blank.]
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Chris Escobedo, Assistant City Manager
Maria Fraser, City Engineer
Rosie Lua, Deputy Director of Development Services
REQUEST: APPROVE A PROFESSIONAL SERVICE AGREEMENT FOR
COMPREHENSIVE ENGINEERING AND ENGINEERING RELATED
SERVICES WITH HR GREEN PACIFIC, INC., IN THE AMOUNT OF
$888,792
RECOMMENDATION:
1.Approve a professional services agreement for comprehensive engineering and engineering
related services with HR Green, Pacific in an amount of $888,792 annually for up to three
years with the option to extend for no more than two additional years.
2.Authorize the Finance Department to set aside a contingency amount of 10% annually
($88,880) for unanticipated project needs.
3.Authorize the City Manager or designee to review and approve written contract
amendments/extensions up to the contingency amount.
4.Authorize the Mayor to execute the agreement and the City Manager sign amendments.
BACKGROUND/ANALYSIS:
Over the last several years, the City has utilized multiple engineering firms to work on capital
improvement projects and private development. In the last two years the City expended an
average of $1.7 million per year to move public projects forward, complete several deferred
maintenance projects, and provide land development engineering services. City departments
utilizing engineering services have been bundling projects, expediting project schedules, and
bolstering the administrative and financials related to capital projects with the goal of completing
deferred public projects and ensuring the efficient delivery of new projects. Moving forward, the
City is seeking to consolidate engineering services for Public Works Capital improvement and
private development projects to provide continuity of service, greater efficiency, and savings
across all departments.
On February 17, 2023, the City issued a request for proposal (RFP) for comprehensive
engineering and engineering related services on the City’s online public bidding portal,
opengov.com. During this time, the City also filled the internal City Engineer position to focus on
managing the resources and ensuring accountability on project delivery. A mandatory pre-
proposal meeting was held on March 8, 2023 and 6 firms were in attendance. Four proposals
were received by March 30, 2023, and three firms were invited for an interview. A summary of
the proposals received is displayed in the table below.
February 15, 2023. A summary of the proposals received is displayed in the table below.
Item 1T-1
City of Palm Desert
Award Contract for Engineering Services
Page 2 of 3
Consultant Location Rank Proposal Amount
HR Green, Pacific Palm Desert, CA 1 $ 1,095,264
TKE Engineering Riverside, CA
2
$ 496,600
with additional services
fee schedule
Onward Consulting Anaheim, CA
3
Did not provide lump
sum as requested only
hourly fee schedule
The proposal submitted by HR Green, Pacific (HRG) and subsequent interview were ranked the
highest by staff from all the departments who would utilize this service. While their proposal was
not the least expensive, HRG was considered the most advantageous to the city as they
provided the most accurate estimation of work hours needed to meet the timely delivery of
projects while maintaining quality of work and was most responsive to the RFP.
Additionally, HRG’s proposal showed that they have the technical resources, and can provide
the full breadth of professional services, as requested in the RFP. The agreement contains
monthly hours for all the anticipated services. HRG will not bill the City for unused hours. After
staff negotiations and a thorough review of the service hours proposed, the agreement was
reduced to $888,792 from the proposal amount. Furthermore, this agreement includes a conflict-
of-interest provision, whereby the selected firm is not able to represent private developers in
Palm Desert throughout the duration of the agreement.
This proposed agreement is part of a new model of utilizing engineering services. Instead of
being solely reliant on multiple outside engineering firms, the City has hired a City Engineer to
directly oversee the firms and expenditures. The City Engineer will serve as an internal service
provider to all City departments projects including Capital Projects, Public Works, and
Development Services. The City has also converted contract public works inspection services
to a city employee. The contract public works inspection services are twice the cost of having
this function in-house. The City’s Finance Department has established enhanced controls on
projects with simple reporting ability that will soon be available to staff and the public. The chart
below outlines the savings in utilizing this new model of service.
Engineering Services Expenditures by Fiscal Year
Fiscal Year Expenditures
2021-2022 $ 1,676,156
2022-2023* $ 1,800,599
*Including planned expenditures for remainder of FY
2023-2024
Engineering Firm (HR Green) $ 888,792
City Engineer $ 259,000
Public Works Inspector $ 115,000
Item 1T-2
City of Palm Desert
Award Contract for Engineering Services
Page 3 of 3
Total for New Agreement and Staff
Modifications $ 1,262,792
Savings Compared to 2021-2022 $ 413,364
Savings Compared to 2022-2023 $ 537,807
Staff would like to note that the request to approve Contract Amendment No. 7 with HRG
(agenda item 1S) is only authorizing the final term of the prior contract for Building Plan Check
Services in an amount not to exceed $300,000 for FY 2023/24 and would not include any
engineering services.
FINANCIAL IMPACT:
Funds for this agreement have been included in the City Manager’s Department in Account No.
1104130-4390100 as part of the FY 2023/24 budget request for city-wide engineering services.
Subsequent extensions to the contract will require an appropriation in the corresponding fiscal
year. Upon approval of the 2023/24 budget there is no additional impact to the General Fund.
REVIEWED BY:
Department Director: Chris Escobedo
City Attorney: Isra Shah
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Professional Services Agreement with HR Green, Pacific
2. The HR Green, Pacific Proposal
Item 1T-3
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 8th day of June 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 HR GREEN PACIFIC, INC., an
ENGINEERING CONSULTANT, incorporated in the state of California, with its
principal place of business at 46651 VILLAGE COURT, SUITE 123, 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 Services and Land Development
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform 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 agrees to furnish to the
City all labor, materials, tools, equipment, services necessary to fully and adequately supply the
services necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023, to
June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral
option, at its sole discretion, to renew this Agreement for no more than two (2) additional one-
year terms. Consultant shall complete the Services within the term of this Agreement and shall
meet any other established and mutually agreed upon schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Item 1T-4
consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "A"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon prior review by City. In the event that City and Consultant cannot agree as to
the substitution of key personnel, either party shall be entitled to terminate this Agreement. The
key personnel for performance of this Agreement are as follows: George A Wentz, Vice
President and Timothy Jonasson, Program Manager.
3.2.5 City's Representative. The City hereby designates Todd Hileman,
City 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
deliverables submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates
Geroge A. Wentz, Vice President, or his/her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
Item 1T-5
necessary to perform the Services. Consultant represents that all employees and
subconsultants shall have sufficient skill and knowledge 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. If any employee of the
Consultant or its sub-consultants are 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 consistent
with the standard of care provided for herein, the City may request that such personnel 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 Exhibit “A” 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, as a material default under this Agreement
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
Item 1T-6
3.2.10.1 Employment Eligibility; Consultant. Consultant
certifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time and shall require all
subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has
not committed a violation of any such law within the five (5) years immediately preceding the date
of execution of this Agreement and shall not violate any such law at any time during the term of
the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer, and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, 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. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE IN CASE OTHER
COVERAGE IS NEEDED (E.G. CYBER LIABILITY, ETC.)***]
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.
(A) General Liability Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
Item 1T-7
(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, employees.
(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, 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, are caused by the negligent 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
Item 1T-8
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.
(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, officials, employees, 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, officials, employees, 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, shall be additional insureds with
regard to liability and defense of suits or claims
Item 1T-9
caused by the negligent 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 performing Services under this Agreement
who the Consultant is legally liable, 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 its
subconsultants and subcontractors for the performance of Services under this Agreement 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
applicable 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
Item 1T-10
applicable laws, regulations, and ordinances listed in this Section is a violation of federal and
state law. Consultant represents that all employees and subcontractors shall have sufficient skill
and experience to perform the work assigned to them and will comply with applicable laws,
regulations and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "A" attached hereto and incorporated herein by reference. The monthly compensation
shall not exceed SEVENTY-FOUR THOUSAND, SIXTY-SIX DOLLARS ($74,066) and annual
compensation amount, upon appropriation, shall not exceed EIGHT HUNDRED EIGHTY-EIGHT
THOUSAND, SEVEN HUNDRED NINETY-TWO DOLLARS ($888,792.00) without written
approval of the City Council or City Manager, as applicable.
FY 23/24 FY 24/25 FY 25/26
$ 888,792.00 $ 888,792.00 $ 888,792.00
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 "A" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
amending this agreement 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 Item 1T-11
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall indemnify and hold the City, its
officials, officers, employees, and representatives, free and harmless from any liability caused
by Consultant’s 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 indemnify and hold the City, its officials, officers, employees, and free and harmless from
any 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 completed before the effective
date of termination in a manner consistent with professional standard of care. 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. Any documentation produced by the
Consultant for Services under this Agreement are not intended or represented to be suitable for
reuse by the City or others on any other project. Any such reuse or use of incomplete Item 1T-12
documentation without the Consultant’s written consent shall be at the City’s sole risk and
without liability to the Consultant.
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: HR GREEN PACIFIC, INC.
44651 VILLAGE COURT,
SUITE 123
PALM DESERT, CA 92260
ATTN: TIMOTHY JONASSON, PE
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Todd Hileman, City 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") shall become the property
of City after completion of Consultant’s Services and payment in full of all monies due under this
Agreement, 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 a reasonable
location where the reproduction will be accomplished. The reproduction expense shall be borne
by City at the actual cost of duplication. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of four (4) 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 1T-13
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 receiving Consultant’s prior written consent shall
be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this
Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold
harmless Consultant and its officers, directors, agents and employees from claims arising out of
the use or re-use of the Documents & Data on such other project. Consultant shall be
responsible for its Documents & Data, pursuant to the terms of this Agreement, only with
respect to the condition of the Documents & Data at the time they are provided to the City upon
completion, suspension, abandonment or termination. Consultant shall not be responsible or
liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
indemnify and hold the City, its directors, officials, officers, employees, free and harmless,
pursuant to the indemnification provisions of this Agreement, for any 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 memoranda, specifications, plans,
drawings, descriptions, computer program data, input record data, 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, and hold harmless the City, and its officers, directors, employees,
from and against all liability, damage or cost (including reasonable attorney’s fees) arising out of
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 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.
Item 1T-14
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
indemnify and hold the City, its officials, officers, employees harmless from any and all costs,
liability, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, to the extent caused by the negligent acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subconsultants or agents during the performance
of the Consultant’s Services including without limitation the payment of all reasonable attorney’s
fees and other related costs except such loss or damage caused by the negligence or willful
misconduct of the City. Consultant's obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.
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 Performance. The Consultant will perform Services with
reasonable diligence and expediency consistent with sound professional practices.
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.
Item 1T-15
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, 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, 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 represents that it has not employed nor
retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant represents that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this representation City shall have the right to rescind this Agreement without liability. For the
term of this Agreement, no member, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Item 1T-16
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND HR GREEN PACIFIC, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
QC:
Insurance:
Initial Review
Final Approval
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
BEST BEST & KRIEGER, LLP
City Attorney
HR GREEN PACIFIC, INC.
By:
Its: Vice President
Printed Name: George A. Wentz, PE
By:
Its: Secretary
Printed Name: Jason Poppin
Item 1T-17
EXHIBIT "A"
SCOPE OF SERVICES, SCHEDULE OF SERVICES, AND COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not
exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario
metro areas. In accordance with the provisions in the RFP, HR Green, Pacific will is subject to a
non-representation clause with private developers and the City in performance of these services.
Exhibit “A”
Item 1T-18
MARCH 30, 2023
City of Palm Desert
PROPOSAL FOR
Engineering Services and Land Development
Tim Jonasson, PE
44651 Village Court I Suite 123
Palm Desert, CA 92260
Phone 760.262.4311 Direct 760.250.6722
tjonasson@hrgreen.com
Item 1T-19
March 30, 2023
Chris Escobedo, Assistant City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Re: Engineering Services and Land Development (Project ID: 2022-RFP-169)
Palm Desert – The Next 50 Years
Dear Chris and Other Selection Committee Members,
Since 1973, the City of Palm Desert has been recognized for its innovative approach to delivering high quality
public services and forward thinking engineering design of capital projects and collaborative design review
of private development projects. San Pablo Avenue, Palm Desert Aquatic Center, El Paseo, the JW Marriott
Desert Springs Resort and Spa, Hotel Paseo and Desert Willow Golf Resort are all examples of exceptional
public and private development projects that required significant planning and engineering effort to achieve.
To continue to meet the high bar set in its first 50 years, the City of Palm Desert requires high quality
civil engineering consultant services to seamlessly blend with its development services and public works
staff to continue to provide superior land development and public works engineering to residents and the
development community.
HR Green Pacific, Inc. (HR Green), as a company and team members, has decades of experience providing
on-call survey and civil engineering plan review services to a multitude of southern California agencies,
including Palm Desert and other Coachella Valley cities. We recognize the challenge posed to cities to recruit
and hire qualified technical staff able to perform these services at a high level. A flexibly staffed organization
able to meet varying workloads and quickly adjust as necessary has many operational advantages and makes
fiscal sense for the community.
HR Green’s staff is well-versed in the City’s land development and public works engineering needs having
been one of its primary engineering consultants since 2018 and looks forward to providing the additional
services outlined in your Request for Proposals. We propose to continue to utilize the current staff with
whom you are already familiar from our local Palm Desert office, augmented and supported with additional
engineering and inspection support staff that will allow the City to benefit from one multi-disciplined, full
service civil engineering firm.
Our Differentiators:
HR Green has provided very similar services over the past two years to Palm Desert. Our proposed Project
Manager, Tim Jonasson, PE, served as the interim Public Works Director for Palm Desert in 2018 after serving as
Design and Development Director and Public Works Director/City Engineer for the City of La Quinta for 15 years.
Our Land Development staff, led by Carolina Fernandez, EIT, understands the City’s development review and
permitting processes. She has worked closely with both Development Services and Public Works and is very familiar
with the City’s TRAKiT permitting software system.
HRGREEN.COM
44651 Village Court | Suite 123
Palm Desert, CA 92260
Main 760.262.4317 + Fax 713.965.0044
HR Green® | Building Communities. Improving Lives.
A. Cover Letter
Item 1T-20
Our hands-on task leader for Engineering Plan Review, Tina York, PE, brings 30+ years of renowned survey
and plan review management, including serving La Quinta, Rancho Mirage, Desert Hot Springs, Riverside
County, water districts, and other nearby municipalities. She has a long-established relationship with our
subconsultant, Dennis Janda, Inc. (survey services and map check) to move development projects efficiently through
the plan and map checking processes.
HR Green’s local subconsultant support. Our proposal includes Traffex Engineers, Inc. for transportation support,
Terra Nova for Environmental services, GEOCON for Geotechnical services, NV5 for Utility Design services, Dennis
Janda, Inc. (to support our mapping/surveying team), Counts Unlimited (Traffic Data Collection), VRPA for VMT Analysis,
and Forbes Traffic Solutions, Inc. for Traffic Signal Synchoronization Services. All these firms are very familiar with the
City’s requirements having worked for many years in the Coachella Valley.
HR Green is a full-service civil engineering firm: We have taken many of southern California’s high-profile land
development projects from entitlement through reviews and approvals to inspection and ultimately City acceptance.
We exclusively serve public agencies. With three decades of experience, HR Green is known for innovative
and reliable approach to service and delivery and commitment to close communication. Additionally, HR
Green’s staff is proficient with the best in electronic solutions like Bluebeam mark-ups, TRAKiT, Accela, and
CityView360°. Our team meets every need to help you and your citizens.
EXECUTIVE SUMMARY – OUR APPROACH TO ACCOMPLISH THE WORK: Our Program Manager, Tim Jonasson,
PE, will be the primary day-to-day contact for Public Works performing as City Engineer, overseeing general
public works municipal engineering services and attending Planning Commission and City Council meetings
as needed. Tim will be responsible for overall contract administration, HR Green staffing and subconsultant
oversight for all services under this contract. Carolina Fernandez, EIT will be the primary contact for
development review including entitlement review, conditions of development, plan checking and permitting of
private development projects. Gary Yeo, CCM, will oversee HR Green’s public works inspectors and provide
construction management of capital projects if requested.
INDIVIDUAL AUTHORIZED TO NEGOTIATE CONTRACT TERMS & COMPENSATION:
George Wentz, PE I 44-651 Village Court | Suite 125 I Palm Desert, CA 92260 I Office 855.900.4742 I
gwentz@hrgreen.com
We look forward to continuing to build our relationship with the City of Palm Desert providing public works and
land development services to the community that exceed your expectations.
Sincerely,
HR GREEN PACIFIC, INC.
Timothy Jonasson, PE George A. Wentz, PE
Program Manager Vice President
Chris Escobedo
Page 2 of 2
March 30, 2023
Item 1T-21
Table of Contents
Previous to this Page A. Cover Letter
1 B. Experience and Technical Competence
1 1. Background
6 2. References
16 C. Firm Staffing and Key Personnel
16 1. Staffing
17 2. Key Personnel (Team Resumes provided separately per the RFP)
18 3. Team Organization
19 4. Subcontrators
22 D. Proposed Method to Accomplish Work
22 Category A: General Municipal Engineering Services
26 Category B: Traffic Engineering Services
27 Category C: Engineering Plan Check Services
35 Category D: Inspection Services
38 Category E: General Public Works Municipal Engineering Services
54 Continued Section: Reporting and Management
Submitted Separately 4.2 Fee Proposal
CELEBRATING
YEARS
Item 1T-22
B. Experience and Technical
Competence
Item 1T-23
Page 1
Engineering Services and Land Development | City of Palm Desert
B. Experience and Technical Competence
1. Background
L EADERSHIP PERFORMANCE COLLABORATION COMMUNITYOPERATIONAL
EXCELLENCE“We encourage,
equip, challenge
and cultivate our
employees to be
leaders in our
company and their
communities.”
“We never forget our
basic responsibility
to deliver the right,
sensible results for
our clients.”
“We seek to
understand each
situation’s context,
enabling innovation
and entrepreneurial
solutions.”
“Our team work
exemplifies the
qualities of honesty,
responsiveness,
integrity, and
understanding.”
HR Green Values
“We utilize our
personal and pro-
fessional talents to
be good stewards
of our community
resources.”
Electronic
Plan Review
Design +
Engineering
Construction Management
and Inspection
Virtual City Hall
GIS + Asset
Management
Broadband +
Fiber Consulting
Land Development
Coordination
Staff
Augmentation
Program + Project
Management
Building
+ Code
HR Green Services
Item 1T-24
Page 2
Engineering Services and Land Development | City of Palm Desert
We Understand Palm Desert
and the Coachella Valley
HR Green brings significant Design, Engineering, Stormwater,
Water/Wastewater project experience on numerous types
of projects; decades of project management experience,
plan check experience, and client satisfaction from several
municipalities in the Coachella Valley and in nearby
communities throughout Riverside County.
Our Proposed City Engineer / Program Manager, Tim
Jonasson, PE, is currently working with the City of Palm
Desert on:
▪Project Management and On-Call Engineering Services
▪Building and Civil Plan Check Services
▪Analysis of Section 29 Drainage Basin Project
▪Traffic Signal Modifications and Hardware Upgrades
Project experience with FEMA floodplain review (Palm Desert
and La Quinta).
Multi-faceted consulting services to a majority of Coachella
Valley agencies, including the cities of Palm Desert, La
Quinta, Rancho Mirage, Cathedral City, Desert Hot Springs,
and the Coachella Valley Association of Governments (CVAG).
A sophisticated process for reviewing complex, mixed-use
developments and entertainment projects using a 100%
electronic plan review process.
Program Manager has served as the City of La Quinta’s
former Public Works Director and as a twice-President of
APWA’s Coachella Valley Chapter, working extensively with
CVAG and cities to drive regional collaboration.
Proposed staff members (and subcontractors) have worked
with Palm Desert and are long-standing Coachella Valley
residents.
Available bilingual team members (English/Spanish).
Long-term relationships with proposed subconsultants.
HR Green’s team includes Nazir Lalani, PE, TE, of Traffex
Engineers. Nazir understands local traffic issues having
worked for the Cities of La Quinta, Rancho Mirage and Palm
Desert on signal coordination and operations for nearly
two decades. He provides real time signal coordination
by routinely driving major cooridors to make sure they are
functioning properly. Your signal system will be in the hands
of an internationally recognized, locally-based traffic engineer
providing solutions in real time.
HR Green continues
to climb the rankings
on Engineering News
Record’s (ENR) annual
lists of top design and
construction firms in the
nation, rising 26 spots and
coming in at 162 in 2022.
Recognized as a Great Place
to Work®-certified company
Founded in 1913, HR Green ranks among ENR’s Top
500 Design Firms (#162 in 2022) in the United States.
The firm is an employee-owned corporation with 600+
employees nationwide and more than 60 in our two
California offices. Our Coachella Valley office, located
in the City of Palm Desert, will serve as our home for
this contract.
Several staff members live in the Coachella Valley and
are only minutes away from Palm Desert. HR Green staff
is able to provide fast, responsive services to the City’s
needs. Our local staff members also have a broad range of
plan review, staff augmentation, public works engineering,
construction management, and construction experience.
To demonstrate our commitment to the City and our
understanding of your specific needs, we have selected
key team members to make them available to your project.
We understand the importance of meeting your
schedule and will assign the staff necessary to meet our
commitment. In addition to our management team, HR
Green has a deep bench of additional staffing resources, if
needed. HR Green selects our team for each project based
on individual staff members’ specific experience and
knowledge, as well as their availability.
HR Green has received numerous awards
throughout the U.S. for consulting services. Among
others, the firm was recognized with the Premier
Award for Client Satisfaction from PSMJ
Resources, Inc.
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Engineering Services and Land Development | City of Palm Desert
HR Green’s Successful Relationship with the City of Palm Desert
HR Green’s proposed team members, as well as our
subconsultants, have worked together on numerous similar
projects across Southern California, including some in
Palm Desert, bringing synergy and efficiency to the City.
Since 2018, HR Green has provided a broad array of
consulting services, beginning with serving as Interim
Public Works Director to manage the City’s day-to-day
departmental operations. This included the planning,
design, and construction of CIP and land development
projects. Thereafter, in 2021 HR Green was contracted
for On-Call Support Services for Development Services
and Public Works. To date, our areas of responsibility
have generally included, but are not limited to,
staff augmentation, program management, project
management, and construction management, inspection
(road improvements, bike lanes, encroachment permits),
plan review (building and civil), and development services
assessment of their use of TRAKiT in the context of
creating a one-stop permit shop.
Representative projects include:
PROJECT MANAGEMENT AND ON-CALL
ENGINEERING SERVICES
The City of Palm Desert has established a dynamic
strategic plan focusing on key initiatives to promote a
thriving, safe, and sustainable community that attracts
innovative employers by virtue of its diverse, highly
qualified workforce and synergistic business, civic,
and educational partnerships. With limited in-house
engineering staff resources, the City has tactically utilized
consultants to deliver a litany of services and projects
aligned to their strategic plan, goals, and vision.
Our collective efforts have allowed City staff to focus on
other initiatives and deliver on a variety of priority projects
and programs in a timely and cost-efficient manner.
CONSTRUCTION MANAGEMENT AND INSPECTION
FOR ALESSANDRO DRIVE IMPROVEMENTS PHASE II
The City’s Strategic Plan focuses on providing a safer,
more efficient and reliable transportation system for
residents and visitors. The construction of improvements
to Alessandro Drive is also consistent with the Strategic
Plan’s goal to revitalize the Highway 111 corridor.
Following the design updates for street improvements
along the Alessandro West corridor, the City selected HR
Green to provide construction management and inspection
services for the second phase of the project (Monterey
Avenue and Las Palmas Avenue), which has included a
complete rehabilitation of the street section, drainage
improvements, as well as a temporary parking area to
the north of the street. Specific aspects of construction
have involved: traffic control; dust and water control;
saw cutting; removal of asphalt concrete, concrete
improvements, and base material; clearing and grubbing;
installing HDPE storm drain system; constructing road
base material, asphalt concrete pavement, curb, curb and
gutter, cross gutter, and ADA curb ramps; signing and
striping; and adjusting manholes and valves to grade.
BUILDING PLAN CHECK SERVICES
Since 2021, HR Green has been providing a full range of
consulting services, including building plan check as well
as construction management and inspection services for
public works in the City.
In 2021, the City issued permits for $200 million of
construction valuation. The City completed 1,060
new single family homes and 192,000 square feet of
commercial space was approved.
In 2022, a major 18-acre development project at Desert
Willow Golf Resort, just south of the existing Desert Willow
Clubhouse, was approved by our HR Green Team for plan
review. The development project includes a 5.5-acre surf
Item 1T-26
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Engineering Services and Land Development | City of Palm Desert
lagoon and wave machine, surf center and associated
facilities, 92-room hotel, and 83 for-sale residential units
and clubhouse.
Also in 2022, HR Green reviewed a 269-unit multifamily
affordable housing community project for the City. We
have successfully collaborated with designers, contractors,
and other City departments to ensure a streamlined path
to plan approval, saving the City and developers time and
money through an efficient and effective process.
Other plan checks for the City of Palm Desert include
residential custom homes and duplexes, commercial
tenant improvements, museum buildings and large solar
reviews. All reviews are 100% electronic with a 100%
success rate meeting plan review schedules.
Our key to success with applicants and stakeholders has
been using electronic technology to streamline reviews,
working cohesively with the City staff, and taking a
proactive approach to problem solving to ensure a timely
turnaround to plan review.
ANALYSIS OF SECTION 29 DRAINAGE BASIN
PROJECT
HR Green conducted a desktop analysis for the City of
Palm Desert to understand the history of the Section 29
Drainage Basin, understand future project impacts to the
basin, and analyze the adequacy of the existing regional
stormwater retention facility for a contributing basin
approximately 519 acres in size.
The analysis investigated potential sources of discrepancy
including changes in design guidance, changes in rainfall
intensities, onsite storage requirements, land use, and
errors in past calculations, among other factors.
Once sources of potential error were identified, an overall
basin analysis was conducted to determine the additional
volume that would be required to be retained to be in
compliance with current regulations and design criteria.
After investigating the current basin design, an alternatives
analysis was presented to the City to address the need
for additional retention volume. The analysis eliminated
alternatives that are either high risk, cost prohibitive,
schedule prohibitive or generally unfeasible based on
progress of current development projects.
The anticipated alternatives included existing retention
basin expansion, infiltration vaults, individual undeveloped
parcel retention, stormwater drainage wells, integration
of stormwater retention with adjacent development, over
excavation and import of high-infiltration soils, and adding
a supplemental retention basin on other City property.
Each alternative was evaluated by providing a cost-benefit
analysis, life cycle analysis, drainage emergency overflow
analysis, rough order of magnitude (ROM) cost estimate
on a per unit basis, and additional information required to
complete preliminary design.
CITYWIDE TRAFFIC SIGNAL MODIFICATIONS
HR Green prepared Traffic Signal Modification plans for
several locations across the City. The scope included the
removal and replacement of the traffic signal controller
cabinet assembly, removal and replacement of all of
the existing traffic signal conductors, the removal of
the existing loop detectors, the replacement of all
emergency vehicle preemption devices, the upgrade of all
non-compliant pedestrian pushbuttons and the removal
of an existing ethernet radio communication system.
HR Green prepared new conductor schedules and pole
schedules and provided construction direction for each
location. Challenges included the need to protect existing
fiber communication and equipment and ensure adequate
conduit capacity at each signal.
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Engineering Services and Land Development | City of Palm Desert
Legend
l Firm Experience
l Personal Staff Experience
UNPARALLELED COACHELLA VALLEY AND SOUTHERN CALIFORNIA EXPERIENCE
REPRESENTATIVE AGENCIES SERVED Firm ExperiencePersonal ExperiencePermit ProcessingEngineering Plan ReviewMap ReviewLand Development CoordinationBuilding Plan Review / AdministrationCity Engineer and/or City SurveyorProject / Program ManagementAccessibility / ADA DesignDesign ManagementPS&E PreparationBid / Construction SupportTechnology Implementation / Electronic ReviewStaff AugmentationBroadband Consulting / Policy DevelopmentTraffic EngineeringTraffic Operations / ITSRoadwaysBridges / InterchangesWet UtilitiesDry UtilitiesDrainageBuilding FacilitiesVirtual City / Electronic Plan CheckCity of Palm Desert l l l l l l l l l l l l l l l l l l l l l l
City of Rancho Mirage l l l l l l l l l l l l
City of La Quinta l l l l l l l l l l l l l l l l l l l l l l l l
City of Coachella l l l
City of Desert Hot Springs l l l l l l l l l
CVAG l l l l
City of Indio l l l l l l l l l l l
City of Cathedral City l l l l l l l l l l l l l l l
City of Beaumont l l l l l l l l l l l l l l l
City of Banning l l l l l l l
City of Moreno Valley l l l l l l l l l l l l l l l l l l
City of Hemet l l l l l l l l l l l l l l l l l l l l l l
City of Victorville l l l l l l l l l l
City of Eastvale l l l l l l l l
City of Hesperia l l l l l l l l l
City of Redlands l l l l l
City of Jurupa Valley l l l l l l l l l l l l l l l l l l l l l l l l
City of Corona l l l l l l l l l l
Elsinore Valley Municipal Water District l l l l l l l l l l
City of Lancaster l l l l l l l l l
City of Upland l l l l l l l l l l l
City of Malibu l l l l l
City of Pomona l l l l l l l l l l l l l l l l l l l l l l
City of Palos Verdes Estates l l l l l l l l l l l l l l l l l l l l l l
Southern California Association of Governments l l l
County of Orange l l l l l l l l l l l l l l l
County of Los Angeles l l l l l l l l l l l l l
Imperial County l l l l l l l l
City of Claremont l l l l l l l l l l
City of Placentia l l l l l l l l l l l l l l l l l l l l l l
City of Anaheim l l l l l l l l l l l l l l l l
City of Lake Elsinore l l l l l l l l l l l l l l l l l l l l
City of Diamond Bar l l l l l l l l l l l l l l l l l l l
City of Rancho Cucamonga l l l l l l l l l l l l l l l l l l l
SERVICES PROVIDED TYPES OF PROJECTS
“HR Green has been successful performing City Engineering,
project support, plan checking, and development reviews for the
City of Hemet. The firm brings a business sensibility to engineering
management, working closely with our staff to streamline and
assist our processes. Further, HR Green is an ideal fit for
combining experience with value by reducing the amount of paper,
time, travel, and costs.”
Chris Lopez
Former City Manager, City of Hemet
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Engineering Services and Land Development | City of Palm Desert
B. Experience and Technical Competence
2. References
REFERENCE
Rod Butler
City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
P: 951.332.6464
E: rbutler@jurupavalley.org
Comprehensive Services
City of Jurupa Valley
PROJECT/PROGRAM MANAGEMENT SERVICES
Upon Jurupa Valley incorporation in 2011, City operations needed to hit the ground
running and provide for a seamless transition from County-provided services to
City-responsible services. Given our established working relationships with County/
regional stakeholders and depth of locally-accessible, available staff, HR Green has been
able to handle all City Administration, Engineering, Public Works, Building & Safety, and
Development needs. Over the past 10 years we have helped the City Manager and City
Council identify, prioritize, and address goals/challenges, and also develop a roadmap
for continuing and sustained success while managing various CIP and land development
projects.
Over the years, our proven approach has allowed us to leverage multi-faceted staff in
different roles to do more with limited staff compared to other similar sized municipalities
(cross-trained staff who can seamlessly handle multiple duties and address changing
needs). We have embedded 40+ staff conceptualizing, implementing, and managing
programs and projects for the public works, engineering, and building departments. Our
engineers have provided overall planning, coordination and control of CIP projects ($9+
million annual CIP) from inception to completion in order to produce functionally and
financially viable projects completed on time within authorized costs and to the required
quality standards.
“The City of Jurupa Valley continues
to be very pleased with the services
that we are receiving from HR
Green. In an active and fast-growing
city like Jurupa Valley, being able to
supplement our internal team with
well-managed contract staff makes
us all the more effective in serving
our residents and the development
community.”
Rod Butler, City Manager
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Engineering Services and Land Development | City of Palm Desert
Our staff members have overseen CIP projects that have been planned and designed by both HR Green personnel as
well as other consultants. We have coordinated the delivery of regionally significant projects (e.g., grade separations,
interchange, citywide wet utilities upgrades) processed through regional and state agencies.
We have also initiated and managed key initiatives and ongoing projects, such as NPDES program compliance, public
works right-of-way infrastructure maintenance, asset management, GIS management, electronic permitting and review
deployment, grant funding identification and procurement, public-private partnerships, renegotiation of private provider
agreements, and recruitment of new businesses to foster economic development.
HR Green staff members have prepared applications and obtained $5+ miillion in new funding to support Safe Routes
to School and Active Transportation Program (ATP) projects, beverage container recycling, and “green,” cost-effective
pavement rehabilitation methods, through:
Caltrans
Riverside County Transportation Commission
CDBG
HSIP
CalRecycle, and other grant programs
We have developed and deployed a fully automated permitting system and saved time and money through the
implementation of paperless processes to expedite plan approvals and enhance operational efficiencies across various
departments.
Additionally, we have helped the City procure new revenue sources and create steady revenue streams to support ongoing
projects, initiatives, and infrastructure maintenance while complying with regulatory requirements.
LAND DEVELOPMENT SERVICES
HR Green staff created the development review and approval process, customized checklists/forms, and tested/
implemented/continuously utilize Accela as the City’s automated permitting system with a seamless CityView 3600
interface. We have also assisted with the development of engineering design standards and guidelines to facilitate the
plan checking process. Our staff members served as City Engineer, City Surveyor, on-site engineers, plan checkers,
and inspectors to provide a comprehensive turn-key land development solution. Our
staff customized conditions of approval, plan check checklists, leveraged electronic plan
check, digital commenting, and mobile apps for web-based field inspections in real time;
established development review processes; and consistently hold developer workshops and
pre-planning meetings to facilitate the entitlement process. We have processed grading
plans, improvement plans, architectural plans and maps for thousands of new residential
units. HR Green also serves as the City NPDES Program Manager, overseeing compliance
with federal, state, and regional water quality requirements. HR Green staff attended
community meetings, Planning Commission, City Council, Development Review Committee
meetings in behalf of engineering and Public Works.
TRAFFIC AND TRANSPORTATION MANAGEMENT
Traffic safety and mobility improvements have been a high, ongoing City priority. HR Green
has worked within the City to help implement transportation safety initiatives that have
reduced fatalities and major accidents by as much as 50%. Many enhancements have been
incorporated into the City’s Pavement Management System to reduce speeding, promote
“I have had the pleasure of working
(currently) with 20 HR Green
employees in my department. These
HR Green staff members perform
plan check, building inspections,
permit issuance, management/
supervision, and code enforcement
duties. This staff is highly qualified
in terms of education, certification
and experience, which results in
a high level of customer service
productivity. Furthermore, I would
highly recommend HR Green to
any city or agency that needs their
services.”
Keith Clarke
Former Chief Building Official/
Director
City of Jurupa Valley
Item 1T-30
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Engineering Services and Land Development | City of Palm Desert
safe routes to school and multi-modal transportation options, improve level of service and circulation, and upgrade safety
lighting and ADA compliant sidewalks and curb ramps.
HR Green embedded a dedicated transportation planner to manage daily transportation operations and program
implementation. This included responding to City Council and constituent traffic and parking requests, preparing
engineering study reports, field investigation/inspection to verify existing conditions, making recommendations for
improvements, and working with numerous stakeholders to enhance safety. Our staff has managed project expenditures
related to the City’s Motor Fuel Tax and Highway Safety funds and has developed projects and prepared applications for
various transportation program grants.
HR Green has updated ordinances, published traffic data and maps, reported weekly reviews to the City’s Engineering
office and published metrics. Our work has included:
Development of a new citywide GIS data system and Truck Route Plan
Implementation of a new traffic accident and signing, striping and markings databases
Participation in coordination meetings with the Riverside County Transportation Commission, Riverside County Sheriff’s
Department, Jurupa Valley Traffic Safety Committee, Safe Routes to School Task Force and City school districts
Conducting, directing and reviewing traffic studies and construction traffic control plans
Coordination with utilities including right-of-way permitting
Responding to city council and constituent inquiries
Field investigation and inspection to verify existing pavement conditions and make recommendations for improvements
Community outreach and presentations
Identifying citywide ITS need, preparing HSIP grant application, securing $4+ million in funding, and programming
project in Jurupa Valley’s CIP
CIP MANAGEMENT SERVICES
Due to the poor condition of City roadways upon City incorporation, estimated to cost up to $128 Million to repair,
HR Green aggressively pursued funding opportunities. The City has maximized the use of Measure A, Gas Tax, SB1,
ATP, CalRecycle, TUMF, DIF, COP bond funds, CFDs, SB-821, HBRR, STIP, HSIP, CDBG, and developer monies to fund
high-priority infrastructure needs to advance critical projects. Our staff has prepared applications and obtained $5+
Million in new funding through Caltrans, the Riverside County Transportation Commission, CDBG, HSIP, CalRecycle, and
other grant programs to support Safe Routes to School and Active Transportation Program (ATP) projects, beverage
container recycling, and “green,” cost-effective pavement rehabilitation methods. For example, since 2014 the City has
been successful in garnering multiple ATP grants. This was a major accomplishment in the initial year of this new funding
source, given 67 applications were received from this Caltrans District 8 region and only 16 projects were funded, two of
these being Jurupa Valley projects. Also, we helped the City establish a $9 million bond program to fund an expedited
pavement rehabilitation initiative which has corrected long-standing pavement deficiencies in large parts of the City.
Additionally, our project managers have completed the following:
Prepared, updated, and manage a multi-year CIP
Prepared Pavement Management Plan to expeditiously improve poor surface conditions following City incorporation
by utilizing StreetSaver, which included the automated collection of pavement conditions for more than 400 miles of
streets
On-site departmental management (public works, engineering, building, maintenance)
Manage CIP projects from concept, planning, design, through construction completion
Item 1T-31
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Engineering Services and Land Development | City of Palm Desert
CONSTRUCTION MANAGEMENT, SUPPORT AND INSPECTION
Our staff oversaw the multi-story renovation of Jurupa Valley’s City Hall. This involved the complete renovation of the
historic Sam’s Western Wear building, originally constructed in 1911. The renovation involved the complete re-striping of
the parking lot, installing ADA access features, constructing a new public counter and lobby area, constructing two ADA
accessible restrooms, 19,000 sq. ft. of office area and 1,722 sq. ft. of council chambers. The Jurupa Valley City Hall
serves a City population of 100,000+ residents and a City area of 49 square miles.
Over the past few years, our staff has coordinated the construction of $60M of Jurupa Community Services District water
and sewer pipelines through residential and arterial roadway right-of-way as well as channel and flood control facilities
owned by the Riverside County Flood Control and Water Conservation District. We inspect public infrastructure and
facilities involving federal, state, regional, and local funding. Pavement rehabilitation have included projects on Limonite
Avenue, slurry seal projects on various City streets, TRIP Pavement Rehabilitation (4 phases), and Citywide Pavement
Rehabilitation projects.
HR Green staff have processed major developments (e.g., 2,000 units, commercial and industrial facilities) as well
as private land development project inspection includes water and sewer pipeline construction, drainage facilities,
compliance with the MS4 Permit, and irrigation systems. For all projects our staff implemented a Quality Control Plan
and thoroughly reviewed and monitored that contractors’ traffic management plans to mitigate impacts to businesses
and schools. We also have conceived and administered proactive public outreach and community engagement
programs, including but not limited to project page website updates, phone hot lines, post/rack cards, and
bulletin updates. Our staff has successfully prepared grants, delivered the design, and managed the construction of
each Active Transportation Program (ATP) Cycle since inception for Complete Streets, Road Diet, and Safe Routes to
School projects.
SAMPLE CM AND INSPECTION PROJECTS INCLUDE (BUT ARE NOT LIMITED TO):
Limonite Ave Pavement Rehabilitation Project Phase I: Reconstructed 1,800’ north of centerline east of Wineville Ave
with cement-treated base, HMA and ARHM overlay. Type III EAS south of centerline.
Limonite Ave Pavement Rehabilitation Project Phase II: Reconstructed 1,800’ north of centerline west of Etiwanda
Avenue with cement-treated base, HMA and ARHM overlay. Type III EAS south of centerline.
Limonite Widening: Roadway widening between Etiwanda and Bain Street, including bridge, equestrian undercrossing
and trail, and traffic signals. (Construction cost = $5 Million)
2015-2016 Pavement Rehabilitation: Deep Lift Repairs, PCC Repairs, ARAM & Type II slurry of various streets.
(Construction cost = $1.226 Million)
ADA Curb, Ramp and Sidewalk Upgrades: (Construction cost = $86.5K)
Citywide Pavement Rehabilitation: PCC for ADA and street paving (Construction cost = $475K) (Construction Phase
= 01/2018-03/2018)
Citywide Pavement Rehabilitation: Paving of various streets. (Construction cost = $650K)
Procurement and management of federal, state, and regional funding
Renegotiated solid waste contractor agreement that improved service levels, largely maintained the existing rate
structure, and significantly increased revenue to the City
Created asset management plans
Created Streets and Trails Master Plan
Facilitated organizational/operational studies
Item 1T-32
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Engineering Services and Land Development | City of Palm Desert
REFERENCE
Mark Prestwich
Former City Manager
City of Palos Verdes Estates
P: 951.765.2430
E: mprestwich@hemetca.gov
Mark transitioned to the City
of Hemet as City Manager
effective end of February 2023
Brianna Rindge
Former Community
Development Director
310.378.0383 x2216
brindge@pvestates.org
Comprehensive Services
City of Palos Verdes Estates
Since 2015, HR Green has continued to provide a full range of consulting services,
including but not limited to, project management, city engineering, public works
engineering building and safety administration, building official, building inspection,
building and civil plan check, transportation planning, traffic engineering, CIP program
management, construction management and inpsection, and grant writing/administration.
CIP MANAGEMENT SERVICES
HR Green continues to provide full-service public works engineering services, including:
Consultant City Engineer
On-site staff augmentation to deliver CIP program and manage Building Safety services
GIS for asset inventory/management
Design engineering for intersection, road, drainage, and parking improvements
Counter and Permit Technicians
Initiated parking modifications, including signage replacement, and prepared work
orders to initiate signage and striping modifications performed by City public works staff
for Malaga Cove Plaza parking modifications
Prepared a Pavement Management Program by integrating data from an older program
that had been prepared in 2006 with only office updates in 2011 – Data condition
was assessed by a walking survey of 70 centerline miles of streets by a StreetSaver
Certified Pavement Condition Rater
Completed a 10-year CIP management plan for the City – The CIP plan includes a
complete analysis of all potential capital improvement needs the city may require
Prepared contract documents for advertising bids to install full capture treatment
systems in catch basins tributary to Machado Lake, and also provided project
implementation/ oversight
Utilizing AutoCAD with AutoTurn, modified turning radius for a stop sign intersection to
allow trucks to make turn onto major street, Granvia Altamira at City limit entrance
“I’ve worked with the HR Green
Building & Safety staff for over 2
years and continue to be impressed
by their professionalism, expertise,
and genuine best interest for
the city. From public inquiries to
final inspection and the entire
building process in between, the
staff’s unwavering commitment
to compliance, deadlines, and
relationships is appreciated.”
Brianna Rindge, AICP
Former Community Development
Director
City of Palos Verdes Estates
Item 1T-33
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Engineering Services and Land Development | City of Palm Desert
Prepared Via Corta/Malaga Cove striping plans and curb ramp plans to comply with ADA requirements
Prepared striping plans for Palos Verdes Drive West, topography and street base maps for modifications at 911
Memorial Triangle Center, and a base map for Navajo Road to fix flooding in residential area (e.g., CAD plan section to
include drainage improvements and re-pavement
Construction management and inspection of roadway, pavement rehabilitation, and drainage
Project management of forcemains
Provide next-day and same-day inspections, as needed
Provide plan checks per designated turnaround schedule
Managed engineering consultant preparing the Palos Verdes Drive West Corridor Feasibility Study
Review TIAs and resident requests regarding traffic issues and operations
Serves as Director of Traffic Safety (TSC) Committee and facilitates meetings with school district and a TSC
subcommittee to address access and circulation issues around schools
Sample Design Engineering Projects:
Via Coronel and Zurita Sanitary Sewer: HR Green prepared Sewer Improvement Plans for the extension of an 8”
vitrified clay pipe (VCP) within Via Coronel and the abandonment and realignment an existing 8” VCP line off Via Zurtia.
The realignment was designed with an 8” vitrified clay jacking pipe (VCJP) installed via directional boring located within
an easement. This project also included a temporary sewer bypass line, the replacement of sewer manholes, and the
reconstruction of an existing manhole. This project required coordination with the property owners and the Los Angeles
County Sanitation Districts.
Via Campesina Street Improvements: HR Green prepared Street Improvements and Signing and Striping Plans from
Via La Cuesta to Paseo Del Campo. This project included cold milling of existing AC pavement, Asphalt Rubber Hot Mix
(ARHM) overlay, construction of 8” AC berm, localized pavement repairs, and localized concrete repairs.
2021-2022 Street Improvement Project: HR Green prepared Street Improvement and Signing and Striping Plans
for approximately 2 miles of road along the coast. This project included cold milling of existing AC pavement, Asphalt
Rubber Hot Mix (ARHM) overlay, construction of new concrete curb and gutter, and localized pavement repairs. This is
primarily a residential area therefore coordination with the local schools was essential.
CONSTRUCTION MANAGEMENT, SUPPORT, AND INSPECTION SERVICES
HR Green provides construction management and inspection of infrastructure improvements, such as pavement striping
and marking on various roadways; annual street resurfacing and slurry seal program; citywide drainage improvements
and street repairs; residential home reconstruction and installation of fencing/barriers and warning signage; and city hall
emergency generator replacement.
Our staff also coordinated with City public works maintenance staff in helping prioritize maintenance activities, catch
basin cleaning, and placement of water quality BMPs due to El Nino.
Sample CM and Inspection Projects
FY 18/19 Miscellaneous Street Repairs City Project No. 673-19 Palos Verdes Estates - Construction
management and inspection for the repair of 40 Locations thorough out the City including cold milling existing AC
pavement asphalt concrete overlay, localized full-depth pavement repairs, localized concrete repairs, pavement striping
and markings, crack filling and sealing, constructing Hollywood AC berms. The construction value $184,452 and duration
35 working days.
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Engineering Services and Land Development | City of Palm Desert
“HR Green has provided a wide scope of resources, shown
initiative to optimize a customer-centric service model,
a capacity to identify and implement recommendations,
leveraged new technologies to streamline operational
efficiencies, and a strong commitment and ability to meet
the City’s expectations.”
Ken Rukavina, PE
Former Acting City Manager/Public Works Director/City
Engineer, City of Palos Verdes Estates (Retired)
FY 19/20 Slurry Seal Project No. PW 677-19 Palos Verdes Estates - Construction management and inspection for
$965,230 annual rehabilitation and slurry seal project on over 26 miles of street. The scope of the project included repair
36,275 sq.ft of cold mill and 1 1/2” Rubberized Hot Mix Asphalt (ARHA/M) Overlay and 305,000 sq.yd. of Type II Slurry
Seal.
Palos Verdes Drive West Street Improvements Project No. PW-681-20 - Construction management and inspection
for the $643,000 45 working-day Palos Verdes Drive West rehabilitation project. The project includes 204,000 sq.ft. of
cold milling existing AC pavement, Asphalt Rubber Hot Mix (ARHM) overlay, localized pavement repairs, localized concrete
repairs, update existing curb ramps to ADA standards, pavement marking and striping, and all other items not mentioned
but indicated in the Plans and Specifications.
Project limits include Palos Verdes Drive West northbound from the Paseo Lunado to Via Coronel, Palos Verde Drive West
southbound from Avenida Mirola to Paseo Del Mar, Addison Road from Cloyden Road to Chelsea Road, and Yarmouth
Road from Rocky Point Place to Paseo Del Mar.
Item 1T-35
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Engineering Services and Land Development | City of Palm Desert
REFERENCES
Bryan McKinney, PE
Public Works Director/City
Engineer
P: 760.777.7045
E: bmckinney@laquintaca.gov
AJ Ortega
Building Official
Design and Development
Department
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
P: 760.777.7018
E: aortega@laquintaca.gov
Civil Plan Check Services
City of La Quinta
Since 2013, HR Green has continuously provided full-service civil plan check services for
commercial, residential, and custom home site projects involving coordination with Coachella
Valley Water District requirements (100+ projects since 2013). We have helped to redevelop
City standards and checklists and to update bulletins and calculation documents. We have
also provided various types of review as shown below:
Reviewed the design of retention basins and water quality and air quality management
plans for Trilogy (500+ acres)
Provided development coordination for the initial phase of SilverRock Resort, a golf
resort. Responsible for providing plan check, preparing Requests for Proposals for
design professionals and construction management services, marketing, and golf course
operations. Participated in the project development team weekly meetings, sat on the
consultant selection committee, negotiated professional service contracts, and maintained
the projects implementation schedule. Facilitated award of first golf course construction
contract. The construction bid for the grading contract came in approximately 18% under
the engineer’s estimate.
ADA plan check for Rabobank, Walmart, Plaza La Quinta Shopping Center
Precise grading for commercial projects: El Pollo Loco, PGA West Sports Club, In-N-Out
Burger – La Quinta Square, ALDI – La Quinta Square, The Chateau at Lake La Quinta, The
Signature, Washington Park Retail Center, The Clubhouse at Andalusia
Precise grading for residential projects (Washington Street Apartments, Bollard Residence,
La Quinta Retirement Community, The Orchard)
Since 2016, HR Green has reviewed the precise grading plans for the SilverRock site, which is being expanded to include
two premier hotel brands, Montage and Pendry, a conference center, a new golf clubhouse, and a limited number of
branded single-family homes, condominiums, and bungalows to deliver a world-class destination in the region.
HR Green has expedited approval of complex land development projects; achieved a 99% success rate meeting or beating
City’s aggressive turnaround review schedule; maintained positive collaboration with applicants/developers to maintain
project momentum; facilitated seamless reviews and approvals within a 100% paperless environment; and maintained
staff continuity to promote consistency and quality deliverables.
“HR Green has been providing plan
check services for the City of La
Quinta for several years and done a
great job of providing on time and
thorough reviews and coordination
with City staff. I would highly
recommend HR Green for any City’s
plan checking needs.”
Bryan McKinney, PE
Public Works Director
Item 1T-36
Page 14
Engineering Services and Land Development | City of Palm Desert
REFERENCE
Wei Sun, PE, PTOE
City Traffic Engineer
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
P: 951.413.3149
E: wsunl@moval.org
Comprehensive Services
City of Moreno Valley
PLAN REVIEW, STAFF AUGMENTATION, TRAFFIC AND TRANSPORTATION
The City of Moreno Valley, with a population of 200,000+, is a rapidly growing community
with a limited in-house staff and extensive service and staffing needs to keep pace with
plan review and encroachment permit requests. The City has undergone a prolonged
period of population growth and development activity. The City has limited in-house staff,
depending on consultants to keep pace with the ongoing development / infrastructure
network expansion.
HR Green is engaged to provide a variety of plan review and staff augmentation services.
Since 2018, HR Green has been providing support to the Land Development and
Transportation Engineering departments by having on-site engineering support responsible
of traffic control reviews, traffic study reviews, land development project reviews, and
permit release coordination. Economic Development is a main focus for the City, and HR
Green has supported the City efforts to provide streamlined review of projects meeting
quick turn-arounds centered in City project prioritization. HR Green is also providing
support at development stakeholder meetings, and civil plan check review in behalf of Land
Development and Transportation Engineering departments. We have:
Developed Transportation Impact Analysis Preparation Guide for Vehicle Miles Traveled
and Level of Service Assessment.
Provided this comprehensive scope in both an on onsite and offsite role.
Regularly attended Pre-PRSC and PRSC (Project Review Staff Committee) meetings and
presented the Division’s comments and conditions.
Determined and recommended alternatives, where applicable, for City Traffic Engineer
approval.
Coordinated with other departments and divisions to facilitate design approval.
Assisted at the front counter to answer questions regarding transportation-related
requirements.
“HR Green has consistently
exceeded our expectations in
providing the transportation
engineering/planning services.
The on-site engineers have
demonstrated strong expertise
in the land entitlement process.
Furthermore, the team has
excellent communication skills
in resolving the engineering
issues by coordinating with the
designers/developers directly. We
are very happy to have the HR
Green engineers as a part of the
City’s team.”
Wei Sun
Principal Engineer/City Traffic
Engineer
Item 1T-37
Page 15
Engineering Services and Land Development | City of Palm Desert
Provided constructive feedback on City’s Accela Civic Platform (ACP) new feature, Digital Plan Room (DPR) that allows
reviewers to comment on plans within ACP, to improve interactive process.
Provided redlines and drafts for signing and striping as well as traffic control for Capital Improvement Program (CIP)
projects.
Under the entitlement review, reviewed site plans, conceptual grading plans, specific plans, environmental initial studies,
and additional exhibits, such as line of sight exhibits and alignment studies. Met with the applicants and the City Traffic
Engineer to monitor that the project not only follows the required state and local guidelines and standards, but also follows
the City’s direction.
Reviewed scoping agreements, traffic studies, and VMT analyses. Provided comments for the City Traffic Engineer’s
approval prior to sending them out to the applicant.
Attended the Pre-PRSC and PRSC (Project Review Staff Committee) meetings and presented the Division’s comments and
conditions.
Prepared conditions of approval as part of the entitlement process. Understanding the complexity of the City Traffic
Engineer’s positions and tasks, prepared and printed reports and exhibits in preparation of the public hearings and met with
the City Traffic Engineer to discuss conditions of approval, project details and history.
Under the plan check process, reviewed traffic signal plans, signing and striping plans, street improvement plans, as-builts,
and traffic control plans, in addition to grading plans and maps. Coordinated with the Land Development Division to find
solutions to street improvement designs. Performed site visits to verify the accuracy of plans. Xassisted at the front counter
in answering property owner’s questions regarding transportation-related requirements.
Brought working knowledge of Accela Civic Platform (ACP). The City incorporated a new feature in early 2021 called
Digital Plan Room (DPR) that allows reviewers to comment on plans within ACP. Attended training and since its launch has
reviewed plans using this feature. Provided feedback regarding the use of this new feature to improve the process. Trained
new hires in using the platform.
Improved onsite-offsite circulation.
DESIGN - PAVEMENT REHABILITATION SERVICES
The City is a rapidly growing community with hundreds of miles of deferred pavement maintenance. With additional funding
incoming for infrastructure improvements, but limited in-house staff, the City needed consultant assistance to prepare plans
for the much needed Citywide Pavement Rehabilitation Program.
The City engaged HR Green to provide full plan preparation for 135 arterial/collector street segments totaling over 80
centerline miles. To expedite the project HR Green assigned a full service design team to provide extensive field reviews, base
mapping, utility coordination, pavement rehabilitation recommendations and design, and signing and striping plans per the
City’s General Circulation Plans and Bicycle Master Plan.
Sample Project: 2021-2022 Citywide Pavement Rehabilitation
HR Green provided the street improvement and signing and striping plans for more than eighty (80) miles of arterial/collector
streets between two projects and ten phases. The project included the grind and overlay or slurry seal of arterial or collector
streets throughout the City. In addition to the rehabilitation or maintenance of existing pavement, the project also included
new signing and striping of all streets, including the addition of new Class II and Class III bikeways as well as several bicycle
boulevards. HR Green had to take into the account the City’s adopted bicycle and pedestrian master plan and existing
on-street parking to design the most effective and efficient corridors. At the City’s request to expedite the project, HR Green
was able to complete the design of the first project within six months and the second four months after that.
Item 1T-38
C. Firm Staffing and Key Personnel
Item 1T-39
Page 16
Engineering Services and Land Development | City of Palm Desert
C. Firm Staffing and Key Personnel
1. Staffing
The City’s goals are to maintain business strength,
an inviting economic business climate, stewardship
of natural resources while providing a broad range of
shopping, housing, and entertainment opportunities
in an exclusive desert community.
HR Green has brought together an unparalelled team
of experienced engineers, designers, and support
staff to serve Palm Desert. They include:
Our Program Manager and Proposed City Engineer,
Tim Jonasson, PE, has extensive Coachella Valley
and Palm Desert experience.
The rest of our Key Personnel are listed in the chart
provided on this page.
Our proposed subcontractors, Traffex Engineers
(Traffic/Transportation Support Services), GEOCON
(Geotechnical Services), NV5 (Utility Design
and Capital Project Funding), Terra Nova (CEQA
Services), Dennis Janda, Inc. (Survey/Mapping
Support Services), Counts Unlimited (Traffic
Data Collection Services), VRPA (Traffic Support
Services), and Forbes Traffic Solutions, Inc. (Traffic
Signal Synchronization Services) all have significant
Coachella Valley experience.
Currently, HR Green serves 100+ agencies
nationwide in the provision of on-call/as-needed
engineering support services.
Moreover, we have the staff depth (600+ nationally,
more than 60 in Southern California), breadth of
technical competency, and local knowledge to
efficiently meet and exceed your performance
expectations.
Name Discipline / Job TItle
Management Team
Tim Jonasson, PE
Program Manager / As-Needed
City Engineer, Traffic/
Transportation Task Lead
George A. Wentz, PE Principal-in-Charge
Steve Loriso, PE, QSD/QSP Project Manager / Coordinator,
QA/QC
Tina York, PE Plan Check Task Lead
Chase Keys, PE Design Task Lead
Carolina Fernandez, EIT Development Review Task Lead
Mike Myers, PE City Surveying
Gary Yeo, CCM CM/Inspection Task Lead
HR Green Key Staff
Gary Peterson, CCM
Public works, private development
and golf course construction
inspection
Eric Lomelli Sr. Inspector - PM-10 Certified
Derek Wieske, PE Plan Review
Marla Doyle, PE Plan Review - PM-10 Certified
Angela Saxton, QSD/QSP, CISEC,
CESSWI
Plan Review - Hydrology/
Hydraulics
Lillyanna Diaz Development Review
HR Green Subcontractors - Key Personnel
Nazir Lalani, PE, TE Traffic Support (Traffex
Engineers)
Lisa Battiatio, CEG, APM, LEED
AP
Geotechnical Task Lead
(GEOCON)
Nicole Sauviat Criste Environmental Services Task
Lead (Terra Nova)
Jeff Cooper, PE Utility Design and Capital Projects
Funding (NV5)
Dennis Janda, PLS Map/Survey Support(DJI)
Eric Lohr, PE VMT Analysis (VRPA)
Jim Forbes Signal Synchronization Services
(Forbes Traffic Solutions)
Item 1T-40
Page 17
Engineering Services and Land Development | City of Palm Desert
C. Firm Staffing and Key Personnel
2. Key Personnel
Key Personel Staff Name Role Years of ExperienceCoachella Valley Region ExperiencePalm Desert ExperienceProject / Program ManagementPermit ProcessingEngineering Plan ReviewMap ReviewLand Development CoordinationCity Engineer and/or City SurveyorAccessibility / ADA DesignDesign ManagementPS&E PreparationBid / Construction SupportTechnology Implementation / Electronic ReviewStaff AugmentationBroadband Consulting / Policy DevelopmentConstruction Management/InspectionTransportation Planning/Traffic EngineeringTraffic Operations / ITSRoadwaysBridges / InterchangesWet UtilitiesDry UtilitiesDrainageTraffic SignalsElectronic Plan CheckTim Jonasson, PE City Engineer / Program Manager 37 l l l l l l l l l l l l l l l l l l l l l l l l l
George Wentz, PE Principal-in-Charge 52 l l l l l l l l l l l l l l l l l l l l l l l l l
Steve Loriso, PE, QSD/QSP Project Manager/Coordinator (QA/QC)
Task Lead - Traffic/Transportation 26 l l l l l l l l l l l l l l l l l l l l l l l l
Tina York, PE Task Lead - Plan Check 36 l l l l l l l l l l l l l l l l
Carolina Fernandez, EIT Task Lead - Development Review 9 l l l l l l l l l l l l l l l l l l l l l
Chase Keys, PE Task Lead - Design Services 10 l l l l l l l l l l l l l l l l l l l l
Mike Myers, PE Task Lead (City Surveyor)46 l l l l l l l l l l l l l l l l l l l l l l
Gary Yeo Task Lead - CM/Inspection 34 l l l l l l l l l l l l l
Derek Wieske, PE Plan Check Team 33 l l l l l l l l l l l l l l l l l l l l l l
Marla Doyle, PE (PM10 Certified)Plan Check Team 42 l l l l l l l l l l l l l l l l l l l l l l
Brian Jahn, PE, TE Design Team (Traffic Design)38 l l l l l l l l l l l l l l l l l l l l
Eric Lomeli, PE Senior Inspector 23 l l l l l l l l l l l
Alan Petersen, CCM Inspection Team 35 l l l l l l l l l l l l l l l
HR Green Subcontractors
Lisa Battiato, CEG, APM, LEED AP Task Lead - Geotechnical (GEOCON)25 l l l l l l l l l l l l
Dennis Janda, PLS Task Support - Survey (DJI)42 l l l l l l l l l l l l l
Nazir Lalani, PE, TE Task Support - Traffic Operations (TRAFFEX)48 l l l l l l l l l l l l l l
Jeff Cooper, PE Utility Design (NV5)44 l l l l l l l l l l l l l l l l l l l l l l
Nicole Sauviat Criste Task Lead - Environmental (TERRA NOVA)42 l l l l l l l l l l l
Eric Ruehr, PE Task Support - Traffic Ops (VRPA)30 l l l l l l l l l
Jim Forbes Task Support - Traffic Synch (FORBES)32 l l l l l l l l l
TYPES OF PROJECTSSERVICES PROVIDED
Item 1T-41
Page 18
Engineering Services and Land Development | City of Palm Desert
C. Firm Staffing and Key Personnel
3. Team Organization
Design
Task Lead - Chase Keys, PE l
Brian Jahn, PE - Traffic Design l
Jeff Cooper, PE - Utility Design and Capital Project
Funding l
Nicole Sauviat Criste (Terra Nova) - CEQA Services l
Plan Check Review Team
Task Lead - Tina York, PE l
Derek Wieske, PE l
Marla Doyle, PE (PM-10 Certified) l
Angela Saxton, QSD/QSP, CISEC, CESSWI l
Tim Jonasson, PE l
Program Manager /
As-Needed City Engineer
Steve Loriso, PE, QSD/QSP l
Project Manager/
Coordinator - QA/QC
George A. Wentz, PE l
Principal-in-Charge
City of Palm Desert
Construction Management and
Inspection
Task Lead - Gary Yeo, CCM l
Eric Lomeli, Senior Inspector (PM-10 Certified) l
Gary Petersen, CCM l
Traffic / Transportation
Task Lead - Tim Jonasson, PE l
Nazir Lalani, PE, TE, Traffic Operations l
Counts Unlimited, Traffic Data Collection
Jim Forbes, Traffic Signal Synchronization/
Coordination l
Eric Ruehr, PE, TE, PTOE, VMT Analysis l
LEGEND
l HR Green Key Personnel
l NV5 Key Personnel
l Traffex Engineers, Inc. Key Personnel
l Terra Nova Key Personnel
l GEOCON Key Personnel
l Dennis Janda, Inc. Key Personnel
l Counts Unlimited Key Personnel
l VRPA Technologies, Inc. Key Personnel
l Forbes Traffic Solutions, Inc. Key
Personnel
Mapping / Survey
Task Lead - Mike Myers, PE l
Dennis Janda, PLS l
Task Lead - Carolina Fernandez, EIT l
Lillyanna Diaz l
Development Review
Geotechnical
Lisa Battiato, CEG, APM, LEED AP l
Up to 600+ Additional Staff Available Nationally As Needed
Per the RFP, biographies of our key personnel have been provided as a separate document.
Item 1T-42
Page 19
Engineering Services and Land Development | City of Palm Desert
C. Firm Staffing and Key Personnel
4. Subcontractors
Terra Nova is a full service land use and environmental
planning firm with a highly professional team of
experienced urban and environmental planners and
technical staff. Founded in Palm Springs in 1984, Terra
Nova enjoys a strong reputation for providing clients
with professional services of high quality, creativity and
innovation, and scientific objectivity.
Terra Nova has provided public sector planning,
environmental and other analytical services to a wide
range of public agencies, including all cities of the
Coachella Valley, the City of 29 Palms, the Towns of Yucca
Valley and Apple Valley, the County of Riverside, the City
of San Bernardino, the City of Riverside and others.
The firm's experience is wide ranging and includes the
preparation of EIR/EISs for major projects, Comprehensive
and General Plans, Zoning Ordinances, and large
scale mixed-use development. We have also prepared
CEQA Initial Studies for dozens of jurisdictions and
hundreds of projects, and NEPA EAs for the Bureau of
Land Management, Bureau of Reclamation, Bureau of
Indian Affairs, the Federal Highway Administration, the
US Economic Development Administration and the US
Department of Energy.
Terra Nova has extensive experience in environmental
assessment and planning, including land use and resource
surveys, natural resource assessments and inventories,
demographic profiles, housing trends and supply
assessments, facilities planning and market feasibility
studies. As a planning firm, Terra Nova is particularly
attuned to certain environmental assessment issues,
including land use feasibility and compatibility, housing
impacts, natural resources protection and integration,
visual, traffic and noise impact analyses, and air quality.
TERRA NOVA - Environmenal Services
HR Green is pleased to continue to work with the following subcontractors to provide high-quality services to the City of
Palm Desert.
GEOCON - Geotechnical Services
Geocon is a California corporation, with offices in
nearby Redlands and La Quinta, established in 1971
as a professional engineering consulting firm providing
comprehensive geotechnical engineering, geotechnical
instrumentation, environmental consulting, engineering
geology, geotechnical instrumentation, and construction
inspections, including materials testing and special
inspections. In addition to these services, Geocon
also provides environmental remediation contracting
(cleanup) services and operate soils and materials testing
laboratories. Each office is supported by state-of-the-art
inventories of field equipment and instrumentation,
comprehensive technical libraries, and modern
data-management systems.
NV5 - Utility Design and Capital Project Funding
NV5, Inc. has been providing engineering and consulting
services to public and private sectors for more than 70
years, delivering solutions through six business verticals:
Testing, Inspection and Consulting; Infrastructure; Utility
Services; Environmental Health Sciences; Buildings and
Program Management; and Geospatial Technology. With
more than 100 offices nationwide and abroad, NV5 has
access to over 4,000 employees in a variety of fields who
help clients plan, design, build, test, certify and operate
projects that improve the communities where we work.
NV5’s team specializes in the project management,
engineering design, survey, plan check, construction
management and inspection of capital improvement
projects, including: streets, traffic systems, water
and wastewater systems, dry utilities, drainage and
flood control, parks and recreational facilities, vertical
construction, and landscaping and grading. Their team
includes licensed civil engineers, licensed contractors,
construction managers, certified inspectors and
experienced public works professionals. All team members
have extensive experience working within the structure of
municipal government and public construction policy and
will seamlessly integrate with the City’s team.
Item 1T-43
Page 20
Engineering Services and Land Development | City of Palm Desert
COUNTS UNLIMITED - Traffic Data Collection
Counts Unlimited has been providing traffic data collection
services for the past 30 years. All of their employees are
very experienced; from their Project Managers to Road
Tube Field Technicians to their Traffic Data Collectors.
They have assembled a workforce that is both highly
trained and highly skilled. Their Data Collection Services
are field tested and provide proven accuracy. Their
equipment is top-of-the-line and routinely maintenance
for best performance. Their employees are routinely
monitored for accuracy, and are required to attend periodic
meetings enforcing count accuracy methodologies.
Roadway Classification Counts utilize non-intrusive,
pneumatic road tube setups that can classify each lane
of traffic individually. This produces a much higher rate of
accuracy, as opposed to performing the count with one set
of tubes for multiple lanes of traffic.Time-sensitive projects
are not unique to the industry and Counts Unlimited strives
to offer the fastest turnaround time in the business. Upon
request and availability, count reports can be provided
within 24 hours.
TRAFFEX ENGINEERS, INC. - Traffic Support Services
Traffex Engineers provides traffic engineering services
to municipal agencies ranging from the complete
responsibilities of traffic engineering functions to
specialized operations such as synchronized signal
systems and studies designed to improve pedestrian and
bicycle facilities. Nazir Lalani, PE, TE, works collaboratively
with both city and county agencies throughout California in
developing policies and solutions in the following areas:
Establishing and Fine Tuning Synchronized Traffic Signal
Systems
Expert Witness Services
Designing Pedestrian and Bicycle Facilities
Establishing/Implementing Residential Traffic
Management
Traffic Control for Construction Zones
Traffic Signal Design, Signal Coordination Systems
Railroad Highway Grade Crossings
Transit Planning and Operations
Highway Design and Intersection Safety
Reviewing Traffic Impact Studies
Peer Review of Roundabout Designs
Safety Assessments
Dennis Janda, Inc. is a private corporation providing
Land Surveying and Mapping Services. The owners and
managers of DJI have worked together for both Public and
Private Sectors Clients, throughout California since 1997.
DJI's core staff has their roots in the traditional disciplines
of Land Planning, Civil Engineering, Land Surveying and
Mapping. Upon this foundation, they added a diverse team
of professionals using the best use of equipment and
technology to contribute to their client’s specific project
goals and schedules.
DENNIS JANDA, INC. - Mapping and Surveying Support
Item 1T-44
Page 21
Engineering Services and Land Development | City of Palm Desert
FORBES TRAFFIC SOLUTIONS, INC. - Traffic Signal
Synchronization/Coordination
Forbes Traffic Solutions provides experienced technical
support to local and regional government agencies on all
aspects of Traffic Systems and Transportation Products.
They possess extensive knowledge of product hardware
and software applications, as well as systems installation
and configuration. In addition, they have the ability to
do training and education on a wide array of industry
equipment. Forbes Traffic Solutions was founded in June
of 2014 in the Orange County area.
Jim Forbes, founder, is a Traffic Systems Consultant who
specializes in the interconnectivity of traffic systems based
on his astute understanding of product hardware and
software applications, signal communications, and system
design and implementation.
VRPA TECHNOLOGIES, INC. - VMT Analysis
VRPA Technologies, Inc. uniquely combines engineering
expertise and professionalism with creative thinking and
innovative problem solving. The result is an extraordinary
transportation engineering and planning firm that
possesses the essential expertise as well as the ability to
look across disciplinary boundaries for solutions others
may overlook. This innovative approach is evident by
the expanse of services available to VRPA Technologies
diverse clientele, which includes both the public and
private sectors consisting of state governments, regional
agencies, counties, and cities, as well as private planning/
engineering firms. Each client receives what VRPA
Technologies is known for…on time, on target, on budget
professional service.
VRPA Technologies offers comprehensive consulting
services throughout California and other Western States.
Specialized fields of service include transportation
planning/modeling, circulation and traffic engineering
analysis, transportation demand and systems
management, infrastructure financial planning, Intelligent
Transportation Systems (ITS) planning and integration,
as well as mass transportation, bicycle, non-motorized,
and aviation planning and design. Furthermore, VRPA
Technologies has extensive experience in public outreach,
land use modeling, regional housing needs assessment,
environmental analysis, and air quality and noise
planning and modeling. VRPA Technologies has been
very successful with development of complicated and
controversial transportation projects because we also
handle the public outreach components for those same
projects with well-seasoned staff from around the State.
In a position to utilize this broad experience base is an
energetic staff equipped with the necessary tools and
“can do” attitude to ensure a successful outcome to every
challenge undertaken.
The staff of VRPA Technologies has accumulated over
one hundred and twenty-five (125) years of professional
planning and engineering experience. From this existing
experience base, VRPA Technologies continuously seeks
to further expand the experience level of the firm and its
staff. VRPA Technologies prides itself on a desire to tackle
unique projects from an innovative angle.
Item 1T-45
D. Proposed Method to Accomplish
the Work
Item 1T-46
Page 22
Engineering Services and Land Development | City of Palm Desert
D. Proposed Method to Accomplish the Work
Category A: General Municipal Engineering Services
Efficient, transparent processing of private development projects that maintain the high standards of the City of Palm
Desert as well as high quality comprehensive scoping and design of the City's capital projects are paramount and will
be the primary objectives of HR Green’s team. For Palm Desert we will provide seasoned professional engineering and
support staff already familiar with the City's private and public project development workflows to that will allow us to
effeciently coordinate projects within the City departments. HR Green’s local experience in the Coachella Valley, combined
with our staff’s ability to work alongside City staff allows us to seemlessly integrate into your organization to provide the
highest quality projects for the community.
OUR COMMITMENT TO PALM DESERT:
HR Green staff will be assigned to Palm Desert to the maximum extent needed.
STAFF AUGMENTATION
Since 2008, HR Green has been providing high quality
staff augmentation services to numerous clients across
Southern California, including City Engineers, Professional
Land Surveyors, Traffic Engineers, Senior Engineers and
QA/QC professionals. Additionally, we have provided
experienced permit technicians and counter personnel for
several municipalities who require customer service staff.
Since 2021, HR Green has been supplying Palm Desert
with a Senior Land Development engineer, a Senior
Manager for Land Development quality control and a
Public Works Inspector for private development and capital
project inspection. For this proposal, HR Green is pleased
to add City Engineer, City Surveyor, Traffic Engineer, and
Project Manager/Coordinator (QA/QC) positions that we
believe will take the City’s private development entitlement
and review processes, as well as capital project delivery,
to the next level. Each position will be available for weekly
office hours as designated in our fee proposal, as well
as by appointment with 48 hours’ notice. We will work
alongside staff to truly augment the City’s operational
capacity while also making process improvements that will
be noticed by the development community. HR Green’s
staff is trained to facilitate development that meets the
City’s standards by partnering with developers to achieve
best results. All of our staff are problem solvers that
understand the investment risk undertaken by developers
as well as the City on development projects and are adept
at resolving issues that arise on virtually every project
early in the process.
It should be noted that HR Green’s proposed staff
have worked together across numerous contracts
for clients throughout Southern California and will
bring synergy and efficiencies of understanding to
the City.
Supervision and Communication
HR Green is committed to immediately addressing
concerns or requests from the City. HR Green’s Project
Managers and Task Leads will listen to the City’s request
and develop recommendations that address the issue
for the City to consider. Additionally, they will manage
all aspects of the contract, including the high quality
performance of our staff and subconsultants for the
various services requested by the City. Tim and our Task
Leads will always keep open lines of communication to
City staff and management. Should the need arise, our
Principal-in-Charge, George A. Wentz, PE, will also be
available to the City to answer any questions or concerns
regarding our performance or any other aspect of the
contract.
CITY ENGINEER
As requested in the City’s RFQ and addenda, Tim
Jonasson, PE will be HR Green’s Program Manager and
available as needed for City Engineer related services. Tim
worked for the City as the Interim Public Works Director
and has an intimate knowledge of the day-to-day workings
of the City, as well as the City’s longer-term goals, bugets
and plans to meet the growing needs of the City.
Tim currently works as a Director in HR Green’s
Item 1T-47
Page 23
Engineering Services and Land Development | City of Palm Desert
Governmental Services business line at our Palm Desert
office and currently serves as the Senior Manager for the
City’s Development Services Department.
Tim has experience fulfilling all of The City’s needs,
including:
Being available as needed for in-house coordination
of development and capital projects, policies and
procedures, as well as public works operations.
Tim has worked extensively with the Coachella
Valley Association of Governments, Riverside
County Transportation Commission and Southern
California Association of Governments on a variety
of transportation related projects. He and our
proposed Traffic Engineer have worked closely on
numerous neighborhood traffic and traffic operations
improvements for La Quinta.
His experience has allowed him to make numerous
technical decisions related to engineering best practices
and municipal code interpretation.
Tim will be available as needed to attend meetings with
staff, developers and outside agencies.
Tim has the necessary experience in numerous
Public Agencies that includes Land Development, City
Engineer, Director, and Senior Engineer knowledge.
Tim knows the Coachella Valley and all the local
municipalities well and can easily coordinate with
outside city agencies (Riverside County Fire, Coachella
Valley Water District, Coachella Valley Association of
Governments, Imperial Irrigation District, and others).
He understands the creation of policies and procedures
for a city like Palm Desert and can provide knowledgable
recommendations (code updates, technical policies), and
be available for field inspections/questions that need to
be resolved timely.
As a former Public Works Director, Tim has reviewed
and authored countless staff reports throughout his
career.
Additionally, HR Green is providing Steve Loriso, PE, QSD/
QSP in the Project Manager/Coordinator (QA/QC) position.
HR Green’s Organization Chart can be found on Page 18.
Both Tim and Steve’s bios can be found in the separately-
provided HR Green Resumes document.
DEVELOPMENT REVIEW
Carolina Fernandez, EIT, currently works with the City of
Palm Desert as the Land Development Engineer and will
continue to do so. She will be your primary contact for
development review services including:
Preparation of general correspondence and staff
reports, and coordination with developers, engineers,
staff, and the general public related to the engineering
review of private developments.
Assisting the Planning Division Development Application
Review/plan check. Carolina will coordinate with your
staff and our Plan Check Task Lead, Tina York, PE, and
internal HR Green staff to provide all necessary plan
reviews.
Issuing Grading Permits through the Permit Center.
Coordinateion with our Geotechncial Subconsultant,
GEOCON, for reviews of Soils/Hydrology Reports.
Calculate and monitor fees/deposits for permits.
Review, check and make recommendations regarding
land use applications within 10 working days of receipt.
Recommend conditions of approval for development,
including off-site improvements and financial obligations.
Establish bond amounts, determine financial obligations
and other development fees within the proper sequence
of development reviews.
Recommend and process bond releases through City
Staff.
Coordinate with appropriate staff to observe
construction of improvements by private developers
and make recommendations regarding completion and
acceptance of the work.
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Engineering Services and Land Development | City of Palm Desert
Entitlement Reviews - Our team is tailored to also
meet all aspects of the entitlement and planning
application review process. The HR Green team will
review for consistency and adeptness to local code,
establish design restrictions and provide project
constraints, analyze development impacts within and
beyond the site, and ultimately provide project specific
recommended conditions of approval. HR Green has
developed a streamlined focused approach to our
planning application review; upon receipt of a project
we’ll notify the appropriate City staff of any additional
documents/reports to provide a comprehensive
engineering review. Our first project review is a
comprehensive take on project requirements inclusive
of alternative scenarios considerations and constraints.
The goal is to provide the developer adequate and
sufficient information for a final resubmittal. At first
project review, HR Green will provide the City with a list
of comments and observations, and the beginning draft
of conditions of approval based on the available reports.
Upon completion of the project review, HR Green will
submit a final report to the City setting forth our findings
and recommendations from an engineering perspective.
The report will include final recommended conditions
of approval and mitigation measures tied to the
development. HR Green is available for project review
meetings and presentations as requested by the City.
At the conclusion of each development review, the
reviewer digitally stamps (signs hard copies) each sheet of
the redlined document or the cover page on reports with
the date, reviewer’s initials, and submittal number. The
redlines, a comprehensive comment letter, and checklist
are provided to all stakeholders.
All documents are turned around on-time or ahead of
schedule. HR Green earnestly seeks to meet or beat your
expectations. We are able to meet the most hard-hitting
schedules with a near perfect track record.
“The City greatly appreciates their [HR
Green’s] timely and efficient response, ability
to build consensus between stakeholders,
strong knowledge of the entitlement process,
and successful experience in delivering
well-received, multi-faceted municipal
consulting services.”
Grant Yates, Former City Manager
City of Lake Elsinore
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Engineering Services and Land Development | City of Palm Desert
GEOTECHNICAL SERVICES -
DEVELOPMENT REVIEW (PLAN
CHECKING)
Carolina and Tina will coordinate with our subconsultant,
GEOCON, for geotechncial reviews.
GEOCON will evaluate all geotechnical engineering
reports and provide comments to the reports to meet
City requirements for the particular type of development
project. GEOCON will also review grading plans to ensure
compliance with the recommendations from approved
geotechnical report.
HYDROLOGY
Hydrology reports can be reviewed as a stand-
alone project or in association with the Water Quality
Management Plans (WQMPs). Due to the implications
project drainage has on the discharge of pollutants, our
reviewers always consider the requirements for water
quality in our comments. HR Green is familiar with the
Rational Method of calculation to be used for study
areas less than 500 acres as well as the Synthetic
Unit Hydrograph Method which would be used on large
sites that have drainage routing through detention and/
or retention basins. We have accustomed several of the
hydrology software employed by design engineers such as
HEC-1, AES, and Rational, Synthetic Hydrograph, or Basin
Routing software from Civil Design and the requirements
of Riverside County Flood Control and Water Conservation
District requirements and criteria.
All hydrology reports are reviewed against existing
conditions and proposed conditions, taking into
consideration off-site flows and the protection of all
downstream properties. The deliverables for each
review will include the marked up report and supporting
documents, the completed checklist, and a comprehensive
corrections letter and/or approval letter.
ADMINISTRATION / MISCELLANEOUS
Carolina, Tim, and the entire HR Green team will work
together to provide administrative and miscellaneous
services to the City as needed. They are already
well-versed in the City’s Land Management System and
Bluebeam, minimizing ramp-up time. If additional HR
Green staff are needed to fulfill these services, they will
coordinate to see that experienced and knowledgable staff
is brought to bear in a timely manner to fulfill the City’s
needs.
Such staff services could include, but are not limited to:
Provide information to City staff on City policies and
procedures related to Engineering Procedures manual.
Assist and implement as-needed emergency work as
directed by City staff.
Coordination with property owners as directed by City
staff.
Coordinate with other agencies, the public, and utility
companies on engineering matters.
Prepare CAD exhibits, public outreach material,
complex Microsoft Excel spreadsheets, Microsoft Word
documents, PowerPoint presentations, as directed, for a
variety of Engineering topics.
Provide other engineering support services, as needed.
EXTERNAL CUSTOMER SERVICE AND
PERMITS
Public Counter / Permit Issuance
HR Green’s onsite team including the Land Development
engineer and City Engineer will be available to assist at the
public counter during office hours. This includes meeting
with developers, engineers and contractors. HR Green
will assist with issuing encroachment permits, processing
public records requests (within 10 business days) as
well as questions from city staff and external inquiries at
the public counter. As appropriate HR Green’s team will
engage staff for review of responses to developers and the
public.
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Engineering Services and Land Development | City of Palm Desert
D. Proposed Method to Accomplish the Work
Category B: Traffic Engineering Services
As detailed in Category E: General Public Works Municipal
Engineering Services, HR Green and its subconsultant,
Traffex Engineers, will provide comprehensive Traffic
Engineering and operations support services for Palm
Desert. This will include Traffex’s president, and local
resident, Nazir Lalani, PE, TE, as primary for all Traffic
Engineering issues.
HR Green will coordinate traffic review of development
projects through is subconsutant, Traffex Engineers, Inc.
Traffex's president, Nazir Lalani, PE, TE, will coordinate
with the Land Development engineer on all entitlement
projects involving traffic studies. traffic signal warrant
analysis, multi-way stop analysis, capacity and safety
analysis, traffic operations analysis and transportation
planning studies for development projects as required.
Traffex will also develop alternative analysis and
preliminary engineering design as needed.
HR Green's subconsultant VRPA Technologies, Inc., will
perform any Vehicle Miles Traveled (VMT) analysis as
required for certain types of development. HR Green will
provide any necessary transportation modeling, area-wide
studies, and road impact fee analysis.
Traffex has extensive experience in preparing and
reviewing traffic impact studies prepared as part of the
application process for new development projects. This
also includes developing comprehensive guidelines for
consultants preparing such studies to ensure a consistent
approach. Critical points to monitor in the preparation and
review of such studies are:
Defining the study area to include all facilities that could
potentially be impacted.
The proposed distribution of future traffic is consistent
with the project location and available count data.
The traffic analysis is based on, and consistent with, the
most current site plan for the project.
The capacity analysis is consistent with the parameters
set forth by the City in its Traffic Impact Analysis policy
guidelines.
Responsibility for mitigation measure implementation
and monitoring.
Making sure the Environmental Impact Report
incorporates all mitigation measures.
The impacts of SB 743 (Vehicle Miles Traveled analysis)
on future traffic impact studies will have to be taken into
consideration where its provisions affect other proposed
development projects in the City.
Note: Traffex and VRPA have been performing review
of Traffic Impact Analysis studies on select private
development projects for approximately one year and are
very familiar with the City’s requirements and policies
regarding traffic impacts and mitigation.
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Engineering Services and Land Development | City of Palm Desert
D. Proposed Method to Accomplish the Work
Category C: Engineering Plan Check Services
While most processes represent the old guard and more
of the same, HR Green is evolutionary, bringing fresh
and new ideas, using the latest technology, advanced
permitting, and project software. Our plan check team,
led by Tina York, PE, has been providing electronic plan
reviews for two decades. While we still complete hard
copy reviews when requested, well over 90% of our
reviews are completed within three reviews electronically,
saving our clients time and money.
HR Green’s Land Development Engineer, Carolina
Fernandez, and our Project Manager/Coordinator, Steve
Loriso, PE, QSD/QSP, will coordinate to faciliatet plan
review with Tina and her plan check team. This will help
provide a quality review to first round plan checks and
provide as-needed oversight to the rare checks that go
beyond three rounds.
As a fail-safe, if a plan check exceeds three reviews, HR
Green’s City Engineer, Tim Jonasson, PE, will be brought
in to discuss the comments with the developer’s engineer.
We believe that such accomodations will help streamline
the process and provide clarity of communication between
the City and developers.
WHAT OUR CLIENTS SAY
“Lennar and the engineering, building and public works
staff (HR Green) have collaboratively worked together to
solve many very complex and high profile issues. Lennar
appreciates the HR Green team’s expertise, fairness, and
responsiveness.”
Geoff Smith, Vice-President, Forward Planning,
Lennar Homes – Inland Empire
“HR Green’s electronic plan check system provides instant
file delivery to all responsible parties, making the review
process more efficient and expeditious; at a glance history
of all data transfers; and instant project deadline tracking
and notification.”
Carmen Barsu, PE, QSD, Public Works Engineering
Associate, City of Pomona
“HR Green has been successful performing plan checking,
and other development reviews for the City of Hemet
since January 2019. The firm brings a business sensibility
to electronic plan review and engineering management,
working closely with our Community Development staff to
streamline and assist with the development entitlement
process. Further, HR Green is an ideal fit for combining
experience with value by reducing the amount of paper,
time, travel, and costs associated with the plan review
process. The use of the virtual cloud promotes real time
project tracking.”
Christopher Lopez, Former City Manager, City of
Hemet
“HR Green has played a key role as the agency’s plan
review/inspection consultant on our projects. We have
greatly valued their responsiveness/ability to work together
to find solutions and coordinate with multiple agencies to
facilitate the development process. Tina York and her team
provide thorough and accurate review comments to our
development engineers, and respond quickly to expedited
reviews. Their proficiency to collaborate using digital
commenting of plans (electronic plan check) has saved us
time and money.”
Daniel Wozniak, Project Manager, Pulte Homes Corp.
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Engineering Services and Land Development | City of Palm Desert
HR Green’s review services include:
General Civil Plan Review Services – Most of our
plan review team has more than 30 years of experience
providing plan review for grading (mass, rough, and
precise), erosion control, WQMP, hydrology and hydraulic
studies, soils reports, streets, streetlights, roadway
alignments, signing and striping, traffic signals, sewer
plans, storm drains, all supporting calculations, landscape
and irrigation plans, real property, and utility permits
including small cell and fiber optics. Each plan is
compared to the appropriate Specific Plan, the final map,
and other improvement plans for the project to verify
conformance and no conflicts. Sewer and storm drain
plans are compared to the master plans. The plans also
go through a thorough investigation for compliance to
conditions of approval, Federal, State, County, and City
standards and regulations, Municipal Codes, Ordinances,
Resolutions, policies, procedures, checklists, and City
approved format/preferences, Caltrans Standard Plans
and Specifications, Traffic Manual, and Highway Design
Manual, and the Riverside County Local Drainage Manual
and Hydrology Manual.
Mapping Review Services – Our survey review team
is conversant in the requirements of the California
Subdivision Map Act. The review of each tentative
map, parcel or final tract map, legal description, lot
line adjustment and easement deeds include the
coordination of the documents submitted for review
(map, closure calculations, etc.) for compliance with
the City’s Municipal Code, Resolutions, Specific Plans,
Conditions of Approval, Tentative Map, checklists, and
City-approved format/preferences as well as Riverside
County requirements.
Grading Plans – Our reviewers have years of
experience reviewing grading plans, including both
Rough and Precise grading. We understand the
concerns associated with geophysics, hydrogeology,
soil and groundwater contamination, soil remediation,
soil stabilization, seismic and liquefaction, etc. Our
team applies their stellar knowledge to grading
plans, structural segmental retaining walls, and other
infrastructure plans.
WQMP and NPDES Compliance Review - HR Green’s
core WQMP reviewers are proficient using several
electronic platforms for reviewing the submitted
documents and entering the resulting comments. This
will allow us to hit the ground running and maintain the
City’s continuity. The vast majority of reviews will be
handled by our primary reviewer, Angela Saxton, QSD/
QSP, CISEC, CESSWI, who has a well-earned reputation
throughout Southern California.
Hydrology and Hydraulic Calculation Review -
Hydrology reports can be reviewed as a stand-alone
project or in association with the WQMPs. Due to the
implications project drainage has on the discharge
of pollutants, our reviewers always consider the
Meeting and Exceeding the City’s Plan Check Turnaround Goals
All documents are turned around on-time or ahead of schedule. HR Green earnestly seeks to meet or beat your
expectations. We are able to meet the most hard-hitting schedules with a near perfect track record. Orange County (our
client for more than seven years) has an aggressive schedule of 5/3/1 business day turn-around. We have met or beaten
this schedule better than 98% of the time.
HR Green’s Plan Check Turnaround Time
PLAN CHECK PALM DESERT EXPECTATION
1st Submittal 10 business days or less 3 weeks
2nd Submittal 5 business days or less 2 weeks
3rd and Subsequent Submittals 5 business days or less 1 week
FAST-TRACK/EXPEDITED REVIEWS
1st Submittal 5 business days or less 5 business days (Maximum)
Item 1T-53
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Engineering Services and Land Development | City of Palm Desert
requirements for water quality in our comments. HR
Green is familiar with the Rational Method of calculation
to be used for study areas less than 500 acres as
well as the Synthetic Unit Hydrograph Method which
would be used on large sites that have drainage routing
through detention and/or retention basins. We have
accustomed several of the hydrology software employed
by design engineers such as HEC-1, AES, and Rational,
Synthetic Hydrograph, or Basin Routing software
from Civil Design and the requirements of Riverside
County Flood Control and Water Conservation District
requirements and criteria.
All hydrology reports are reviewed against existing
conditions and proposed conditions, taking into
consideration off-site flows and the protection of
all downstream properties. The deliverables for
each review will include the marked up report and
supporting documents, the completed checklist, and a
comprehensive corrections letter and/or approval letter.
Infrastructure Improvement and Traffic Plan
Reviews - HR Green infrastructure improvement and
traffic review services ensure a high level of public
safety. The investment in infrastructure is an asset that
should withstand time. At a minimum, our infrastructure
review services include verification of conformances
with the current version of your standard plans, CalTrans
Design Manuals, Manual of Uniform Traffic Control
Devises (MUTCD), San Bernardino County design
manuals, and Standard Specifications for Public Works
Construction.
Water, Sewer, Storm Drain - With decades of
experience in Fugitive Dust Control (PM10) review
services, our team applies a high standard of care to
the review of PM10 plans. Our PM10-certified reviewer,
Marla Doyle, PE, will ensure the plans are reviewed for
compliance with the Air Quality Management District’s
Coachella Valley PM10 State Implementation Plan.
Marla’s resume can be found in the separately-provided
HR Green’s Resumes document.
Structural Review - At HR Green, we offer full-service
support for public improvements. Our structural
reviewers are conversant in all applicable requirements
of the California Building Code as well as a multitude of
other regulatory codes as they relate to retaining walls
and utility and traffic signal pole foundations as well as
to bridge designs.
Ability to Accept and Review plans/reports
Electronically - HR Green was completing electronic
plan checks many years prior to many of our
competitors.
Coordination with City Departments - Our Task
Lead, Tina York, PE, is a hands-on manager. Tina and
our Land Development Revew Task Lead, Carolina
Fernandez, will be available to the City throughout
the duration of this contract. Tina, Carolina, and
our staff will coordinate our work through the City’s
various departments as necessary and can work as
an extension of your staff. Tina actively monitors all
services and has a goal to get plans approved at third
submittal. She will confer and/or meet with the City,
developers, engineers, surveyors, and contractors.
She will prepare agendas and attend all coordination
meetings including meetings to discuss redlined
comments for entitlement, land development civil or
survey reviews, and utility permit reviews and other
potential issues which may delay projects timely
completions. Tina, together with out Engineering
Technician, will provide you with the deliverables for
review projects (transmittal, redlines, comment letter,
and checklists) at or ahead of the required project
schedule.
At the conclusion of each development review, the
reviewer digitally stamps (signs hard copies) each sheet of
the redlined document or the cover page on reports with
the date, reviewer’s initials, and submittal number. The
redlines, a comprehensive comment letter, and checklist
are provided to all stakeholders.
All documents are turned around on time or ahead of
schedule. HR Green earnestly seeks to meet or beat your
expectations. We are able to meet the most hard-hitting
schedules with a near perfect track record.
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Engineering Services and Land Development | City of Palm Desert
HR GREEN’S SUCCESS RATE
HR Green’s proven success rate has been demonstrated
through the positive comments from our clients,
developers and their engineers. Our staff have provided all
services requested in the City’s RFQ for some of Southern
California’s and the Nation’s largest land development
projects as well as to the City of Placentia since 2013,
and the City of Jurupa Valley since 2011. For example,
for the 23,000-acre County of Orange Ranch Plan, we
maintained a 5/3/1 turnaround review schedule exclusively
using a paperless solution and have a 98% turnaround
review schedule success rate. Some other larger projects
HR Green and/or our staff have reviewed and processed
include the SilverRock Resort (La Quinta), 8,200-acre
Ontario Ranch (Ontario), Alberhill Villages (Lake Elsinore),
as well as a large volume of residential, commercial, and
industrial development over the past 13 years (Jurupa
Valley).
ELECTRONIC PLAN CHECK METHODOLOGY
HR Green utilizes proven electronic plan processes that
save time and costs of printing, delivering, handling and
storing copies of plans for review. Our plan check leaders
are industry-recognized thought leaders in advancing
the robustness of paperless plan review and inspection
solutions. We are proficient in numerous electronic plan
review and inspection systems, TRAKiT Land Management
and Bluebeam plan check software and are constantly
working with agencies and applicants to move exclusively
to a paperless environment. This is critical on larger,
multi-disciplined projects where there may be overlap
between design disciplines. Comments from each review
are summarized electronically by our staff.
Design responses are added and included with the
next submittal to verify that all comments have been
addressed. This approach has been effective in resolving
comments at early stages, avoiding repeat comments by
reviewers, and coordinating responses among disciplines.
We also update a detailed tracking log whereby the agency
can identify the status of any project through the review
lifecycle process in real time.
Step 1 - Preliminary Discussions
Prior to beginning our initial plan check project, the Plan
Review Manager will conduct a meeting or conference
call with the applicant to discuss local code policies,
documentation procedures, plan processing protocols,
plan review checklist items, and scheduling.
Step 2 – Initial Review
Once HR Green receives a complete set of plan
documents, we will perform our plan review in the agreed-
upon timeframe, checking for compliance to all applicable
code standards. All corrections are identified based on
compliance with specified codes and regulations and
worded so the designer will know what needs attention
and how to respond to the issue stated.
Generally, corrections can be identified in two ways:
Notes can be made on plans as appropriate and
authorized to assist in locating the issue on the plans.
A correction sheet is generated detailing what items
need to be addressed before plan approval.
The client will receive a copy of each correction list, as
well as a cover memo containing the following:
The date plans were reviewed by our plan review staff.
The date that the applicant/applicant’s designee was
notified that the plan review was completed.
The name and phone number of the applicant/
applicant’s designee that was notified that the plan
review was completed.
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Engineering Services and Land Development | City of Palm Desert
Step 3 - Transmittal of Plans and Comment
Lists for Plan Check
There will be a coordinated effort to track and coordinate
all submittals and requests received. To help assure that
submittals are properly coordinated and tracked, we will
implement our proven internal plan check coordination
process in which each plan received for review is properly
handled, processed and returned on time.
Upon completion of our review, any comments generated
will be consolidated into a correction letter which will be
forwarded to the applicant. At the same time, an electronic
copy will be sent to the City for your reference.
At your discretion, upon completion of the initial plan
review a debrief between our staff and the City can be
coordinated to ensure our firm is aligning with the City’s
expectations.
Step 4 - Rechecks
Upon receipt of the resubmittal package from the
applicant, we will notify the City that we have received
the package. Once we have verified that the resubmittal
package is complete, we perform a recheck in the agreed-
upon timeframe. This process will be repeated until the
project plan documents are ready to be recommended for
approval.
When all review comments are satisfied, we will forward
two sets of all relevant correspondence bearing our
company’s “Approval” stamp (including plans, calculations,
and specifications), along with a transmittal letter
indicating our recommendation for project approval, and
the project file to the City for processing.
Upon completion of a plan check, we will forward an
electronic copy of the correction list to you and to any
other party you designate. When corrected plans are
resubmitted, the same procedure will be followed.
Step 5 – Plan Approval
Upon plan approval, HR Green will present to you the
requested number of approved engineering plans, a copy
of the review sheet with all completed items appropriately
signed off, a letter of transmittal stating the conditions,
if any, of approval (such as fees due, necessary agency
approval(s), or minor items to be completed), and all other
pertinent documents.
Our plan tracking procedures are computerized to track
each submittal through the review process and maintain
accurate and comprehensive records for each submittal.
For nearly two decades, the HR Green team of reviewers
has implemented proven electronic solutions that save
time and costs of printing, delivering, handling, and storing
copies of plans, documents, and survey records. Our plan
check leaders are industry-recognized thought leaders
in advancing the robustness of paperless solutions.
Tina and other HR Green professionals have served
as technical advisors to paperless data management/
reporting software solution providers to incorporate new
tools and refine electronic solutions. We leverage and are
proficient with various software solutions (e.g., Bluebeam
Revu, Adobe, Accela, TRAKiT, EnerGov, Agiline, ePlanSoft,
etc.) to not only create a paperless environment, but also
provide healthy reporting for smart decision-making. We
are constantly implementing the latest tools available in
software. Currently, we are working with Agiline Software,
a leading software solutions firm. Their CityView360°
module allows for the seamless interface with TRAKiT to
upload, track, and review of plans. This portal is available
on day one at NO COST to the City of Palm Desert.
CityView360° makes it easy to connect and visualize
your information. You will have 24/7 real-time access
to accurate and reliable data and information in order
to see trends, make informed and timely decisions, and
undertake long-term strategic planning.
Agiline Software’s CityView360° is comprehensive tool
to collect, validate, transform, organize, present and
act on information received from several data sources.
CityView360° makes it easy to connect and visualize your
information using rapid application development. Agiline
has seamlessly integrated with various software solutions
and created very informative reports and key performance
indicators (KPI) reporting.
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Engineering Services and Land Development | City of Palm Desert
HR Green’s Commitment to Palm Desert
Comprehensive Development Plan Review Proficiency
Digital/Electronic Plan Checking Mapping Review Services Technical Assistance to City Staff
Grading Plans (Rough and Precise) Street Improvement Plans
Traffic Studies, Traffic Signal Plans,
Traffic Engineering Reports
City Standard Plans Street Lighting Plans Specific Plans and Master Plans
Hydrology and Hydraulic Studies Storm Drain Plans Sanitary Sewer Plans and Studies
SWPPP/WQMP/NPDES Reports/
Compliance Review Single Family Residence Multi-Family Residence
ADA Improvements/Compliance Industrial Sites Commercial Sites
Parks, Recreational, and Open Spaces Caltrans Standard Plans Pedestrian Accessibility Guidelines
Signing and Striping Plans Riverside County Standards Lot Line Adjustments
Tract/Parcel Maps Utility Plans Bike and Trail Plans
Railroad Plans Historic Preservation Environmental Protection
CASE STUDY - THE CITY OF PLACENTIA
HR Green is currently under contract to provide on-call services to the City of Placentia. Over the years this has
included plan check services, city engineering, and project management services. Our interim City Engineer was
certified QSD/QSP and coordinated stormwater compliance efforts for the City. HR Green staff, under the direction of
Tina York, PE, continues to provide plan check and WQMP review, consistently meeting the City’s 15/10/5 working
day turnaround review schedule. Our reviews for 35%, 65% and 100% PS&E submittals verify conformance with
City standards for roadway geometrics, storm drain plan and profiles, hydrologic/hydraulic reports, sewer plans and
profiles, street lights, signing and striping details, traffic control plans, water quality reports, landscape and irrigation,
and bridge and retaining wall aesthetics. We also coordinate meetings with utility agencies, especially Golden State
Water Company, relating to the construction of a new water well site and the abandonment of the existing site
adjacent to the new station.
HR Green staff served as Environmental/Police Services Supervisor responsible for successfully managing the
City’s Water Quality Program; effectively performing all site inspections; implementing continuous improvement
strategies that facilitated cost effective solutions, saving the City a significant amount of money; implementing
“green” initiatives; providing effective training and leadership for new hires regarding code enforcement practices
and procedures; developing and coordinating fiscal budget preparation for the Code Enforcement Division and
Environmental programs; and monitoring revenues and expenditures and prepared analysis reports and forecasts.
Item 1T-57
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Engineering Services and Land Development | City of Palm Desert
HR Green’s Quality Assurance Program
HR Green believes that a proactive approach to Quality
Assurance/Quality Control (QA/QC) is essential to the
success of any project, and a formal QC process should be
built into every project undertaken. Quality control is more
of a philosophy than a separate set of tasks or activities,
and a quality control plan is only the documentation of that
philosophy and approach.
The most critical aspect of quality control includes
building quality into the project from the very
beginning. HR Green has built our QA/QC Program
for Plan Check Review into our standard process,
so that the quality of our services is automatically taken
into account with every plan check we undertake. We
understand that quality is not a separate element or
distinct event that is added in at the last minute through
reviews. The belief in the importance of quality control is
part of our company’s culture.
To help assure that submittals are properly handled, and
work hours are optimized, HR Green has a proven internal
plan review coordination process, GreenTREx, to make
certain that each plan received is properly processed and
returned on time. Our GreenTREx development review
process/program allows us to efficiently complete plan
tasks concurrently. This is a formalized and integrated
process whereby Technician data input and processing,
Review, and Experienced professional staff manage
quality control functions that are consistently implemented
on each and every project. This allows multiple HR Green
staff to assist at any point during the processing, review,
and approval phases.
The Project Manager, as the person with overall
responsibility for the technical work, consistently monitors
the entire QA/QC process. They are accountable for
project quality. On projects with greater complexity or
size, the Project Manager can verify compliance with
the QC process by assigning QA Auditors to perform an
audit of the QC process prior to all milestone submittals.
If QA Auditors are not assigned, the QA audit is the
responsibility of the Project Manager.
Regardless, the QA audit will review all documents to
verify:
All items have been checked, back-checked, rechecked,
and reviewed with check prints filed.
Check prints and check print stamps were used.
All computer generated calculations have been checked.
Spot checking “original” documents to see that
corrections noted on check prints have been made and
to verify that client and regulatory review comments
have been addressed.
Proper specifications are being used; i.e. specific forms
corresponding to project funding, client-specific forms,
etc.
Proper CADD standards are being used whether they
are HR Green’s or the client’s standards.
Proper design standards are being followed. The plan
and document submittal checklists have been reviewed
for completeness and checked off. These checklists will
become a part of the quality control file.
The audits will include constructive criticism regarding
such items as clarity, accuracy, completeness, guidelines,
etc. The results of the audits will be documented and
communicated to all members of the project staff. Any
follow-up corrective activity required will be noted and
initiated as appropriate.
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Engineering Services and Land Development | City of Palm Desert
GREEN TREx Civil Plan Check Process
City/County Receives
Plans from Applicant
+ Assigns Project
HR Green Receives PDF
of Plan Submittal + Enters
Information into system
Submittal Intake Checklist.
Notify City/County if
Submittal is Complete.
Discuss Key Issues
with City/County +
Project Manager
Budget Hours
Distribute Plan to
Appropriate Plan Review
Team Member(s)
Parcel + Final Tract Maps
Rough + Precise
Grading Plans
Water + Sewer Plans
+ Calculations
Storm Drain Plans
Dry Utility Plans
Sign + Striping Plans
Street Lighting Plans
Grading Plans
Real Property Review
Hydrology/Hydraulic
Studies
WQMPs + SWPPPs
Landscape +
Irrigation Review
Geotechnical
+ Soils Reports
Prepare Corrections
Memo
Quality Reviews
Finalize Correction/
Approval Memo
Log Out Project
City/County
Design Engineer
RESUBMITTAL
Street Improvement
Traffic/Signal
Control Plans
TECHNICIAN REVIEWER EXPERIENCED
PROFESSIONAL
T R EX
Erosion Control and
PM10 Plans
Item 1T-59
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Engineering Services and Land Development | City of Palm Desert
HR Green has a staff of dedicated and experienced
construction professionals to support any construction
management and inspection needs including
encroachment permit inspection, development inspections,
and services for small or large CIP projects. Our CM/
Inspection team will be led by Gary Yeo, CCM,
who brings significant experience throughout Southern
California and the Coachella Valley. Gary leads a team of
talented Public Works inspectors who have a wide variety
of constuction inspection experience including paving,
grading and subgrade inspection, structures inspection,
electrical, drainage, signaling and striping. All are versed
in the Land Management software and carry Ipads for
logging daily reports, extra work tickets, email, photos,
etc., using the City’s permit software platform. (Gary’s
biography can be found in the separately-delivered HR
Green’s Resumes document.)
Our team members consistently look for optimal ways
to deliver services. Based on the specific assignment,
we will work with the City to gain concurrence on
scope, schedule, budget, and the appropriate approach
to accomplish the project in a high quality, timely,
and cost-effective manner. Any proposed alternative
approaches to meet the City’s technical requirements
will be thoroughly explained and discussed with City staff
based on the project-specific goals, constraints, key
issues, and other aspects of each project.
Under Gary’s direction, we make sure that all requirements
are understood and adhered to, that milestones are met,
and that the completed project is as specified in the plans.
HR Green staff takes care of all the paperwork related
to the construction contract, handles bid advertising and
pre-bid meetings, analyzes bids, and makes the contract
award recommendation. HR Green will review requests
for progress payments, verifying that work was done in
accordance with the contract documents. In closing the
contract, we make certain the work is complete before
final invoices are paid. We also make sure that the
contractor is in compliance with bonding, insurance and
labor requirements and regulations and that all warranties
are honored.
D. Proposed Method to Accomplish the Work
Category D: Inspection Services
Management and Administration
HR Green has a strong reputation of providing exceptional
construction management and construction administration
services to our clients. The following are the main tasks
that we have found lead to successful project management
and provide the best results for our clients.
Managing Schedules
HR Green understands the importance of maintaining
project schedules. The timely delivery of a project is
critical to project stakeholders. This starts with a thorough
understanding of the project including constructibility
review of the plans and specifications. We believe this is
critical before the project is bid to make sure expectations
of the contractor are clear before starting work..
Managing Subconsultants
HR Green has provided an excellent team of
subconsultants that we will coordinate to deliever quality
capital projects to the City. We actively maintain our
dialogue with our subconsultants to provide a constant
flow of communication and understanding of project
needs, project deadlines and project deliverables.
Managing Project Changes
HR Green will continuously monitor each project to
address unexpected challenges and recommend
appropriate solutions to keep the project progressing.
These recommendations are developed and evaluated to
determine the most cost-effective solution for the City.
Responding to the City’s Needs
HR Green understands that the City may need additional
experienced construction management and/or inspection
staff to provide the highest level of service to the City and
that the immediate need for external support services may
be with short notice. We will be responsible for providing
fully qualified and experienced staff to efficiently perform
the services and support the needs of the City in each
of the areas identified in the City’s RFQ. HR Green will
provide construction managament and inspection support
services on an “As-Needed,” “On-Call,” or “Short Notice”
basis.
Additionally, our City Engineer and supporting engineering
staff will be available to evaluate changes to site
Item 1T-60
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Engineering Services and Land Development | City of Palm Desert
Construction Management Plan
Our staff uses a Construction Management Plan (CMP) to
manage projects. The CMP is a project-specific plan that
serves as a guideline for the execution of all construction-
related activities. The purpose of the plan is to facilitate
smooth coordination and communication among parties
involved, including the designers and the City staff, and
to establish protocols for effective execution of the project
requirements. The CMP is prepared immediately after our
mobilization and updated continually as a project matures.
SECTION TWO - ADMINISTRATIVE PROCEDURES
Records Management
RFI Management
Submittal Management
Meeting Management
Scheduling
Change Orders
Pay Applications
Monthly Reports
Correspondence
Punch Lists
Contract Close-out
conditions and make recommendations to the City as
needed regarding change orders, force account work, etc.
in order to complete the project.
Project Documentation
HR Green recognizes the importance of maintaining
detailed and accurate project records. We provide the
highest level of project documentation quality to our
clients. HR Green has built an excellent reputation for
providing clients with project records that protect the
public’s interest. The project record audits conducted by
our clients of previous projects we have managed are
continually documented with successful results.
A partial list of the activities and procedures covered in the
CMP includes:
SECTION ONE - MANAGEMENT PLAN
Project Description
Key Project Success Factors
Directory of Participants Organization Chart
Responsibility Assignment Matrix
Emergency Response Plan
Safety Plan
QA/Inspection Plan
Disputes/Claims Management Plan
The Construction Management Plan incorporates all
critical documents and procedures for the project into
a single document. These will facilitate any changes
required during construction and will be reviewed with the
contractor prior to the start of any work. The Construction
Management/ Inspection Tasks section of our proposal
describes our approach to overseeing the work during
each major phase of construction.
Item 1T-61
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Engineering Services and Land Development | City of Palm Desert
Construction Management/Inspection Tasks
The following is HR Green’s standard approach to providing construction management and inspection services. Suggested tasks
for the City include, but are not limited to:
Task 1 - Pre-Construction/Bid Process Phase
ITEM BENEFITS TO CITY
Photograph and Videotape Site Provides documentation of existing conditions in the event of site
damage or other issues with claims potential.
Pre-Construction Submittal Review and Meeting Provides understanding of contractor’s work plan. Confirms design intent
and addresses constructability issues.
Task 2 - Contract Administration Phase
Track Quantities Provides records for payments, change orders, and claims, thereby
minimizing disputes over quantities.
Review Contract Change Orders (CCOs)Ensures only necessary CCOs are issued, eliminating unnecessary costs;
ensures CCOs comply with applicable contract requirements.
Process Submittals Allows timely approval of all submittals needed to maintain the schedule.
Environmental Compliance Ensures compliance with environmental laws and regulations.
Labor Compliance Ensures compliance with labor laws.
Progress Payments Ensures contractor is paid only for completed, acceptable work.
Project Documentation Meets needs of oversight agencies. Ensures ease of document retrieval
for dispute resolution.
Public Relations Assists the City with public relations.
Project Coordination Ensures effective lines of communication.
Task 3 - Inspection Phase
Quality Assurance Inspection Monitors that all work complies with contract, and applicable standards.
Progress Photos Provides proper project documentation in the event of a dispute
Materials Testing Satisfies oversight agency requirements and that materials comply with
contract.
Public Relations Monitors that the project is a good neighbor, and will minimize
complaints.
Traffic Control Monitors safe traffic control complying with contract documents
and WATCH Manual or Caltrans Traffic Control Manual. Provides
documentation in event of an accident and protects public health and
safety.
Field Coordination Ensures effective communications in the field.
Task 4 - Project Completion / Wrap-Up Phase
Final Inspection Monitors work complies with the contract, with proper documentation as
proof.
Notice of Completion Establishes the lien period and payment retention period.
Item 1T-62
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Engineering Services and Land Development | City of Palm Desert
D. Proposed Method to Accomplish the Work
Category E: General Public Works Municipal Engineering
Services
HR Green has been supplying engineering support
services to Southern California agencies for more than a
decade. Most of our staff have worked in Public Works
departments and understand the importance of these
services and how critical they are to project delivery.
We believe that funding, design, construction and
maintenance of public projects are the heart of any public
works department and our primary focus as company.
FUNDING/GRANTS/BUDGET
Traditional Funding Sources
Our client cities maximize the use of Measure A, SB 1,
CDBG, HSIP, and Gas Tax monies to fund high-priority
infrastructure needs to advance critical projects. In
addition, HR Green staff has prepared applications
and obtained millions of dollars in new funding through
Caltrans, Metroplitan Planning Organizations, regional
transportation agencies, MTA, CDBG, HSIP, CalRecycle,
and other grant programs to support Safe Routes to
School and Active Transportation Program (ATP) projects,
beverage container recycling, and “green,” cost-effective
pavement rehabilitation methods.
Alternate Funding Sources
In our city management and department director
roles we also look at the big picture and strategies to
leverage alternative funding sources, such as public-
private partnerships, shared-service models, contractor
agreements, developer agreements, and interagency
agency agreements.
Example: On May 18, 2017 the Jurupa Valley City Council
approved an Amendment to the Franchise Agreement
with Burrtec Waste Industries. Representing the City,
HR Green conducted negotiations that improved service
levels, largely maintained the existing rate structure, and
significantly increased revenue to the City. Amendment
highlights included:
Transition from a two-hauler system to a one-hauler
system citywide by July 1, 2022.
Rate freeze on residential rates until June 30, 2018,
with a 5% maximum annual increase cap.
Up front revenue payment in the amount of $1.7 million,
enabling the City to acquire the City Hall property.
An increase in the franchise fee rate from 8.5%
to 15.25%. This more than doubled the annual
franchise fee revenue from $850,000 to an estimated
$2,000,000.
Introduction of a comprehensive organics recycling
program and other strategies to ensure compliance with
increasing State regulations.
Example: As Placentia’s Owners Representative for the
award-winning $500 million OC Bridges program, HR
Green was able to negotiate additional funding from OCTA
to accommodate sustainable infrastructure improvements
and mitigate construction impacts.
Example: For agencies in numerous states we have
successfully institutes multi-agency agreements or public/
private partnerships to share costs in order to create
regional solutions benefiting their constituents.
Item 1T-63
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Engineering Services and Land Development | City of Palm Desert
CIP Preparation
HR Green has an extensive history assisting clients in the
preparation of multi-year capital improvement programs
(CIP). We have built programs from scratch or expanded
existing programs. Our CIP team typically begins this
process by evaluating the City’s existing program and
available project needs. This effort would establish the
goals, scope, requirements, budgets, and schedule for all
on-going or currently proposed projects. We then begin to
forecast available revenues moving forward in addition to
working closely with our grants team to identify potential
outside funding sources.
Our team will work with City staff and other stakeholders
to establish prioritization criteria in order to plan for future
project budgeting. These factors may include:
Project benefit to health/safety, operations, economics,
sustainability, etc.
Resource availability and need
Construction sequencing
Coordination with other City/utility agency project to
avoid impacts/re-work
Project constraints
Project Accounting/Project Controls
To track overall CIP progress, HR Green maintains a
master schedule with identified milestones for each
project. We also maintain a SharePoint site, shared with
our clients, that provide overall updates and status reports
for each project. Updates are sent out as milestones are
achieved, and overall status reports for the program are
provided monthly.
Our team will work with the City to establish an
appropriate and effective method of identifying and
tracking revenues and expenditures on a per project level.
We will also maintain up to date cost estimates. Tracking
these items monthly helps identify potential funding
shortfalls or surplus early on in the development of a
project reducing the risk of surprises when construction is
ready to begin.
ENGINEERING DESIGN AND
CONSTRUCTION
Kick-Off Meeting and Site Reconnaissance
Hold a kick-off meeting with City staff to discuss major
features and details of design project.
Identify jurisdictional agency approval and/or permit
requirements.
Establish clear lines of communication.
Gather background data available from the City.
Discuss any special requirements, constraints, and/or
opportunities available that are in the best interest of the
City to expedite the project in a cost-effective and timely
manner.
Discuss project completion issues and milestones.
Perform field visit(s) to review and document field
conditions, verify existing topographic data, and assess
specific concerns/constraints and issues.
Task Order Negotiation
Develop, submit, refine, and negotiate task order
proposal with City that includes a detailed scope of
work, identification of subcontract work, deliverables,
project milestone schedule, resource requirements,
documentation required from the Caltrans Local
Assistance Procedures Manual (if necessary), and
budget.
Project Management / Meetings / Coordination
Prepare a project plan that includes scope of work,
schedule, communication plan, project control,
processing, and invoicing that will be submitted for City
staff review and approval.
The project schedule will be detailed to include
project details, milestones, reviews, deliverables, and
community engagement.
Submit monthly progress reports, including items
completed, items for the coming month, budget status,
and key project issues.
HR Green will lead meetings and coordination efforts
throughout the life of the project.
Research and Review
Upon notice-to-proceed, further research and gather all
available relevant information, data, and reports.
Item 1T-64
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Engineering Services and Land Development | City of Palm Desert
Obtain existing drawings files for topographic and base
mapping, as-built data, survey control data, hydrology
studies, geotechnical studies, right-of-way maps, and
existing utility information from the City.
Research plans not available through City for existing
roads, drainage facilities, and utilities.
Perform field reconnaissance to identify any potential
issues and field truth previously obtained data.
Contact impacted utility agencies by registered mail to
obtain existing plans or updated information.
Hold coordination meetings with utility agencies, as
needed.
Initial Evaluation / Agency Coordination
Identify alternative solutions for key elements of design
task order and evaluate feasibility based on various
factors (e.g., cost-effectiveness, constructability, utility
impacts, safety, implementation, schedule, ease of
operations and maintenance, sustainability, etc.).
Present findings to City and coordinate with other
impacted agencies.
Geotechnical Investigation
If the specific project calls for it (i.e., pavement
investigations, soil conditions for pipeline work, etc.), our
subconsultant, Terracon, will collect field data and conduct
lab testing.
Coordinate encroachment permits, and mark proposed
borings will be marked.
Contact Underground Service Alert (USA) at least 48
hours in advance of field work.
Survey and Base Mapping
Survey services for the City will be performed by our
subconsultant, Dennis Janda, Inc.
Perform design survey within the total project limits as
necessary locating features such as utility covers, catch
basins, pavement limits, curb ramps, driveways, curb
and gutters, sidewalks, streetlights, power poles, traffic
signs and striping, fences/wall, gates, etc.
Prepare topographic engineering base maps identifying
right-of-way, adjacent parcel lines, centerline and 1’
contours.
Environmental Documentation
Environmental Services will be performed by our
subcontractor Terra Nova.
Evaluate need for CEQA or NEPA documentation based
on funding and specific project requirements.
Develop necessary documentation.
Obtain required permits from regulatory agencies, as
needed, including U.S. Army Corps of Engineers, Air
Quality Management Board, Regional Water Quality
Control Board, California Department of Fish and
Wildlife, Caltrans, etc.
Ensure the Storm Water Pollution Provention Plan
(SWOO) is prepared. Typically, the Storm Water Pollution
Prevention Plan (SWPPP) is prepared by the contractor
upon selection, however we are capable of preparing
the SWPPP if requested by the City. The SWPPP will
be prepared in compliance with the National Pollution
Discharge Elimination System (NPDES) requirements.
Deliverables to the City will include SWPPP and NOI.
Design Development
Review existing studies and design documents for
adequacy, value, completeness, assumptions, and
compliance with required standards and criteria.
Complete preliminary design to effectively implement
required infrastructure improvements.
Review documentation (e.g., existing geotechnical data
and reports, sub-grade compaction records, traffic
studies, and other design and master plan studies).
Prepare design plans in compliance with City and
local standards, including the American Disabilities
Act requirements and project specifications; including
plans for: roadway, storm drain, water, and sewer plans,
signing and striping, street lighting, traffic signal, and
traffic control; as applicable for the project.
Item 1T-65
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Engineering Services and Land Development | City of Palm Desert
Incorporate any comments or changes made during
the City review process. Plans shall include title sheet,
demolition plan, typical sections, details, improvement
layout, profile, cross sections, erosion control plans, and
water pollution prevention plan.
Client / Agency Review
Present findings and recommendations to City for review
and concurrence.
Coordinate with permitting agencies for plan check
review and comments.
Submit construction plans, specifications, and
engineer’s estimate to City at agreed upon milestones
(hardcopy and digital formats conforming to City’s
requirements).
Project Finalization, Approvals, and Permit
Processing
Compile input, concerns, and comments from permitting
agencies and present them to City for resolution and
direction to finalize plans.
Support City in obtaining all required approvals and
permits from the permitting agencies.
Bid / Construction Support
Assist City as needed in responding to RFIs, preparing
addenda, evaluating revision requests, reviewing
submittals, and developing ”as-built” plans.
HR Green continues to be successful at providing on-call
services to clients since we offer flexibility and knowledge
to the City, when needed, for a variety of services and
tasks. Additionally, with HR Green’s history of providing
City Engineering services, we understand the requirements
to coordinate with various funding sources, including
Caltrans and other appropriate agencies. It is understood
the City will provide task orders for various project types
throughout the contract term and HR Green is positioned
to respond to these requests. HR Green will provide the
services identified in the “Task Orders” Section of the RFP,
as well as those listed in the proposed CIP.
Some key issues we regularly address on infrastructure
projects are highlighted below:
Minimize Community Impacts
Maintain Ingress / Egress
Efficient Traffic Control
Aesthetics
On-Street Parking Alternatives
Optimize Pavement Rehabilitation Methods
Streamline Right-of-Way & Permitting
ADA Compliant Sidewalks/Curb Ramps
STREET IMPROVEMENTS
Item 1T-66
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Engineering Services and Land Development | City of Palm Desert
PARK IMPROVEMENTS
TRAFFIC SIGNAL IMPROVEMENTS
STORM DRAINAGE IMPROVEMENTS
Avoid utility conflicts/maintain adequate clearance
Minimize community impacts
Maintain ingress/egress
Adequate capacity to accommodate 100-year storm
event
Comply with regulatory/water quality requirements
Streamline Right-of-Way and permitting
Sustainability/low impact design/hydromodification
ADA paths of travel (especially to and from parking lot
and restrooms)
Strategic placement of restrooms and drink fountains
Sufficient lighting throughout the park
Required parking spaces, including ADA spaces
Not exceeding maximum grading requirements for fields
and courts for adequate play
Meeting stormwater quality requirements for parking lots
Stormwater retention to make up for the changes in
pervious surfaces
Service Point Connection
Avoid Utility Conflicts
Sight Distance
Pedestrian Visibility
ADA Compliance throughout the intersection
Adequate turn pocket lengths
Protected vs. permissive left turns
Future development and improvements
A Forward-Thinking Approach
HR Green is at the forefront of leveraging industry-
recognized thought leadership, alternative service delivery
options, best practices, and cutting-edge technology to
save time and money, enhance operational efficiencies,
procure funding, and deliver long-term sustainability.
Below are a few examples that can add overall value to
your community in this category:
Alternative Pavement Design
The annual rehabilitation of residential street pavement
places a priority on accelerating the design and
construction to mitigate impacts to residents. HR Green
has successfully worked with the region’s leading paving
contractors to provide an alternate GIS-based approach to
traditional PS&E preparation to save time and money by
20-30%.
The established way to prepare plans for most types of
projects is to perform a design/field survey in order to
collect an existing inventory of field items (e.g., manholes,
water valves, fire hydrants, etc.) as well as to prepare
base plans. Many projects still require this level of detail.
However, by utilizing existing GIS data (obtained by HR
Green without the need for the City to have a system)
as well as through a thorough field reconnaissance, we
can prepare plan sheets with all of the requested and
necessary information at a considerable cost savings to
the City. By utilizing and preparing preliminary plans based
upon GIS, we can import any utility information the City
already has available.
LOOKING
FORWARD
Item 1T-67
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Engineering Services and Land Development | City of Palm Desert
Collaboration and Communication
Upon project assignment from the City, HR Green will
identify the project manager. The program manager will
be available to the City during the duration of the project.
The project manager will actively monitor the design team
and provide updates on a bi-weekly basis, or as directed
by the City, to all project stakeholders. As needed, project
progress meetings will include Bluebeam Studio sessions;
these would allow for active real-time collaboration
between the City and the HR Green team.
Internally, the Program/Task Managers will have weekly
progress meetings to ensure the project is moving at or
ahead of the required schedule. Our office environment
is designed to promote collaboration among the design
team and project managers. When COVID-19 precautions
and restrictions didn’t allow the full-capacity use of our
offices, our team was quick to set up project forums using
Zoom. For the past three years, our team has maintained
project chat forums for projects’ progress; this new mode
of communication has become the best way to keep the
entire team in the loop on a daily basis and has proven to
boost our team efforts and time use.
ADMINISTRATION / MISCELLANEOUS
Tim Jonasson and the entire HR Green team will work
together to provide administrative and miscellaneous
services to the City as needed. If additional HR Green staff
are needed to fulfill these services, they will coordinate to
see that experienced and knowledgable staff is brought to
bear in a timely manner to fulfill the City’s needs.
Such staff services could include, but are not limited to:
Provide information to City staff on City policies and
procedures related to Public Works including the
Engineering and Public Works Procedures manual.
Assist and implement as-needed emergency work as
directed by City staff.
Prepare City Council staff reports related to a variety of
Public Works topics.
Coordination with Homeowners’ Associations (HOA) as
directed by City staff.
Coordinate with other agencies, the public, and utility
companies on engineering matters.
Prepare Computer Aided Drafting (CAD) or Geographic
Information System (GIS) exhibits, public outreach
material, complex Microsoft Excel spreadsheets,
Microsoft Word documents, PowerPoint presentations,
as directed, for a variety of Engineering and Public
Works topics.
Perform additional functions, including, but not limited
to, the preparation of general correspondence and staff
reports, and coordination with engineers, staff, and the
public related to the engineering issues.
Conduct plan checking efforts and coordinate plan
checking efforts with third-party consultants.
Recommend conditions of approval for development,
including off-site improvements and financial obligations.
Establish bond amounts, determine financial obligations
and other development fees within the proper sequence
of development reviews.
Recommend and process bond releases.
Observe construction of improvements by private
developers and make recommendations regarding
completion and acceptance of the work.
Provide other engineering support services, as needed.
Item 1T-68
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Engineering Services and Land Development | City of Palm Desert
NEIGHBORHOOD TRAFFIC MANAGEMENT
In conjunction with the City’s Transportation Manager, HR
Green and its subconsutlant, Nazir Lalani, PE, TE, with
Traffex Engineers, will address residential traffic circulation
and safety issues as well as address respond to requests
for service from the public regarding traffic and parking
issues.
The most critical aspects of investigating citizen requests
are:
To make sure each initial request is accurately recorded.
A comprehensive investigation is conducted in a
reasonably timely manner taking into account the
complexity of the request.
A proper response is provided to the citizen, HOA, etc.
in a timely matter even if to say that the matter is still
under investigation. If someone takes the time to make
an inquiry, we make sure someone keeps the inquirer
informed on progress toward a resolution.
Where necessary, work orders are issued to make any
changes needed to address the citizen’s concerns.
Nazir Lalani will help plan and prepare work orders for
installing or removing traffic control devices, pavement
markings and parking restrictions including documenting
the decision making process for both the Public Works
Director and Traffic Engineering Manager.
Funding for capital projects are programmed if the
response to the request requires the undertaking of a
significant capital project. If not, the request can be
considered for prioritization as part of developing the
next Capital Improvement Program.
Experience has shown that securing neighborhood
consensus involving all the stakeholders is often the
most difficult part of the process. If consensus from
more than 70% of the stakeholders is not secured, the
implementation of a project can backfire and result in a
confrontation between warring factions in front of elected
officials. We highly recommend projects falling below this
threshold not be considered as they can be a significant
drain on city resources.
For neighborhood traffic management programs
Nazir Lalani and/or Tim Jonasson will be available for
presentations to City Council or Planning Commission as
needed. Traffex Engineers considers it very important for
a City Traffic Engineer to be able to work well with public
TRAFFIC ENGINEERING
Traffic safety and mobility improvements are high, ongoing
City priorities. HR Green has worked with cities to help
implement transportation safety initiatives which have
reduced fatalities and major accidents by as much as
50%. Many enhancements have been incorporated to
reduce speeding, promote safe routes to school and multi-
modal transportation options, improve level of service and
circulation, and upgrade safety lighting and ADA compliant
sidewalks/curb ramps. HR Green will work with our local
subconsultant, Traffex Engineers, Inc. to provide these
services.
HR Green has significant experience providing City
Transportation Manager/Traffic Engineering services to
various jurisdictions in Southern California. We handle
daily operations, including:
Conducting and/or reviewing traffic engineering studes
and traffic operats analysis, transportation planning
studies and project specifc traffic analysis.
Developing alternative analysis and preliminary
engineering design.
Conducting traffic calming analysis and design.
Providing traffic control device studies and design.
Performing technical studies to support Active
Transportation and Safe Routes to School programs.
Reviewing subdivision and new private developing
project involving traffic impact analysis, parking studies,
transportation modeling, area-wide transportation
studies and road impact fee analyses.
Designing traffic signal systems including all contract
documents and cost estimates.
officials and to be able to testify at public hearings with
credibility. Nazir has considerable experience working
with a variety of officials including City Council members,
County Board of Supervisors, Planning Commissioners,
Members of Regional Boards and Commissions. It is also
important to know how to communicate with the media
when reporters call in response to press release or a news
story about a controversial event such as an accident
involving a fatality. Nazir has many years of experience
successfully working with the media in several areas of
the United States including California.
Item 1T-69
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Engineering Services and Land Development | City of Palm Desert
TRAFFIC SIGNAL SYSTEMS OPERATIONS
Nazir Lalani of Traffex Engineers will be available on
a daily basis to assist the Transportation Manager in
the day-to-day management of the City’s traffic signal
system. Nazir and HR Green’s subconsultant, Jim Forbes
of Forbes Traffic Solutions, will provide traffic signal
input into system controllers including designing and
installing special custom traffic signal operational circuity
and maintaining optimal signal interconnect operations.
Nazir Lalani, PE, TE, and Jim Forbes both have extensive
knowledge of Palm Desert’s current signal operation as
well as valley-wide signal coordination experience that will
be useful as CVAG moves forward with their CV Sync and
Traffic Management Center project to synchronize signals
along all the major corridors in the Coachella Valley.
As for traffic signal timing, in Nazir’s experience regularly
driving the corridors after theoretical optimal timing is
installed is critical to smoothing out the traffic flow and
establishing “platooning” of vehicles that minimize the
number of times that traffic has to stop at intersections
on the major travel corridors. It is also critically important
to drive the corridors on a regular basis to make sure the
signals remain in sync because experience shows that
signals go out of sync for a variety of reasons, the most
frequent of which is loss of communication between an
intersection and the central system from which the precise
time of day is broadcast several times a day. A local traffic
engineer who understands the traffic signal system and
drives it regularly is invaluable in this respect to fine tuning
and creating a truly coordinated traffic signal system.
TRAFFIC DATA COLLECTION
Traffic data collection will be performed by our
subcontractor, Counts Unlimited. Counts unlimited has
more than 30 years of experience performing collection
services throughout Southern California.
These services include, but are not limited to:
General traffic counts (tube and video)
Radar Speed Surveys
24-hour machine speed and volume counts
Intersection approach counts
Intersection turning movement counts
Pedestrian and bike counts
High quality traffic data is crucial to the success of project
planning and design. All staff members receive extensive
training and testing prior to conducting any data collection
projects.Counts Unlimited is committing to leading the way
as the technology of the industry advances. They have
expanded their inventory of new equipment to stay ahead
of the curve of technological advances and have added
advanced equipment such as DVR based video camera,
and the Wavetronix Smart Sensor HD.
Providing technical support for the Transportation
System Management and Operations for cities in the
Coachella Valley who are part of CVAG’s CV Sync
project.
Preparing or reviewing stage construction and worksite
traffic control plans.
Providing construction managment and inspection
support for street improvement and transportation
projects.
Assisting and providing technical assistance in
identifying and preparing various traffic and roadway
improvemnt grant applications and management.
Other miscellaneous duties as needed to support the
City’s transportation staff and traffic operations.
The most critical aspects of investigating citizen requests
are:
To make sure each initial request is accurately recorded.
A comprehensive investigation is conducted in a
reasonably timely manner taking into account the
complexity of the request.
A proper response is provided to the citizen.
Where necessary, work orders are issued to make any
changes needed to address the citizen’s concerns.
Continuously reviewing the City’s system to make
recommendations on traffic signal improvements,
improvements to signal coordination and signal control
systems, more efficient signal phasing, equipment
upgrades and significant timing adjustments.
Following up that funding for capital projects are
programmed if the response to the request requires the
undertaking of a significant capital project.
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Engineering Services and Land Development | City of Palm Desert
ENGINEERING PLAN CHECKING
While most processes represent the old guard and more
of the same, HR Green is evolutionary, bringing fresh
and new ideas, using the latest technology, advanced
permitting, and project software. Our plan check team,
led by Tina York, PE, has been providing electronic plan
reviews for two decades. While we still complete hard
copy reviews when requested, well over 90% of our
reviews are completed electronically, saving our clients
time and money.
HR Green’s Land Development Engineer, Carolina
Fernandez, and our Project Manager/Coordinator, Steve
Loriso, PE, QSD/QSP, will coordinate to faciliatet plan
review with Tina and her plan check team. This will help
provide a quality review to first round plan checks and
provide as-needed oversight to the rare checks that go
beyond three rounds.
As a fail-safe, if a plan check exceeds three reviews, HR
Green’s City Engineer, Tim Jonasson, PE, will be brought
in to discuss the comments with the developer’s engineer.
We believe that such accomodations will help streamline
the process and provide clarity of communication between
the City and developers.
HR Green’s review services include:
General Civil Plan Review Services – Most of our
plan review team has more than 30 years of experience
providing plan review for grading (mass, rough, and
precise), erosion control, WQMP, hydrology and hydraulic
studies, soils reports, streets, streetlights, roadway
alignments, signing and striping, traffic signals, sewer
plans, storm drains, all supporting calculations, landscape
and irrigation plans, real property, and utility permits
including small cell and fiber optics. Each plan is
compared to the appropriate Specific Plan, the final map,
and other improvement plans for the project to verify
conformance and no conflicts. Sewer and storm drain
plans are compared to the master plans. The plans also
go through a thorough investigation for compliance to
conditions of approval, Federal, State, County, and City
standards and regulations, Municipal Codes, Ordinances,
Resolutions, policies, procedures, checklists, and City
approved format/preferences, Caltrans Standard Plans
and Specifications, Traffic Manual, and Highway Design
Manual, and the Riverside County Local Drainage Manual
and Hydrology Manual.
Grading Plans – Our reviewers have years of
experience reviewing grading plans, including both
Rough and Precise grading. We understand the
concerns associated with geophysics, hydrogeology,
soil and groundwater contamination, soil remediation,
soil stabilization, seismic and liquefaction, etc. Our
team applies their stellar knowledge to grading
plans, structural segmental retaining walls, and other
infrastructure plans.
WQMP and NPDES Compliance Review - HR Green’s
core WQMP reviewers are proficient using several
electronic platforms for reviewing the submitted
documents and entering the resulting comments. This
will allow us to hit the ground running and maintain the
City’s continuity. The vast majority of reviews will be
handled by our primary reviewer, Angela Saxton, QSD/
QSP, CISEC, CESSWI, who both have a well-earned
reputation throughout Southern California.
Hydrology and Hydraulic Calculation Review -
Hydrology reports can be reviewed as a stand-alone
project or in association with the WQMPs. Due to the
implications project drainage has on the discharge
of pollutants, our reviewers always consider the
requirements for water quality in our comments. HR
Green is familiar with the Rational Method of calculation
to be used for study areas less than 500 acres as
well as the Synthetic Unit Hydrograph Method which
would be used on large sites that have drainage routing
through detention and/or retention basins. We have
accustomed several of the hydrology software employed
by design engineers such as HEC-1, AES, and Rational,
Synthetic Hydrograph, or Basin Routing software
from Civil Design and the requirements of Riverside
County Flood Control and Water Conservation District
requirements and criteria.
All hydrology reports are reviewed against existing
conditions and proposed conditions, taking into
consideration off-site flows and the protection of
all downstream properties. The deliverables for
each review will include the marked up report and
supporting documents, the completed checklist, and a
comprehensive corrections letter and/or approval letter.
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Engineering Services and Land Development | City of Palm Desert
Infrastructure Improvement and Traffic Plan
Reviews - HR Green infrastructure improvement and
traffic review services ensure a high level of public
safety. The investment in infrastructure is an asset that
should withstand time. At a minimum, our infrastructure
review services include verification of conformances
with the current version of your standard plans,
CalTrans Design Manuals, Manual of Uniform Traffic
Control Devises (MUTCD), Riverside County design
manuals, and Standard Specifications for Public Works
Construction.
Water, Sewer, Storm Drain - With decades of
experience in Water, Sewer, and Storm Drain capacity
design and review services, our team applies a high
standard of care to the review of water, wastewater,
sewer and Storm Drain plans. Water Quality
Management Plans are reviewed for compliance with the
Model Water Quality Management Plan and Technical
Guidance Document and all requirements set forth by
the local and State Water Resources Control Board.
Structural Review - At HR Green, we offer full-service
support for public improvements. Our structural
reviewers are conversant in all applicable requirements
of the California Building Code as well as a multitude of
other regulatory codes as they relate to retaining walls
and utility and traffic signal pole foundations as well as
to bridge designs.
Ability to Accept and Review plans/reports
Electronically - HR Green was completing electronic
plan checks many years prior to many of our
competitors.
Coordination with City Departments - Our Task
Lead, Tina York, PE, is a hands-on manager. Tina and
our Land Development Revew Task Lead, Carolina
Fernandez, will be available to the City throughout
the duration of this contract. Tina, Carolina, and
our staff will coordinate our work through the City’s
various departments as necessary and can work as
an extension of your staff. Tina actively monitors all
services and has a goal to get plans approved at third
submittal. She will confer and/or meet with the City,
developers, engineers, surveyors, and contractors.
She will prepare agendas and attend all coordination
meetings including meetings to discuss redlined
comments for entitlement, land development civil or
survey reviews, and utility permit reviews and other
potential issues which may delay projects timely
completions. Tina will provide you with the deliverables
for review projects (transmittal, redlines, comment
letter, and checklists) at or ahead of the required project
schedule.
At the conclusion of each development review, the
reviewer digitally stamps (signs hard copies) each sheet of
the redlined document or the cover page on reports with
the date, reviewer’s initials, and submittal number. The
redlines, a comprehensive comment letter, and checklist
are provided to all stakeholders.
All documents are turned around on-time or ahead of
schedule. HR Green earnestly seeks to meet or beat your
expectations. We are able to meet the most hard-hitting
schedules with a near perfect track record.
HR GREEN’S SUCCESS RATE
HR Green’s proven success rate has been demonstrated
through the positive comments from our clients,
developers and their engineers. Our staff have provided all
services requested in the City’s RFQ for some of Southern
California’s and the nation’s largest land development
projects as well as to the City of Placentia since 2013,
and the City of Jurupa Valley since 2011. For example,
for the 23,000-acre County of Orange Ranch Plan, we
maintained a 5/3/1 turnaround review schedule exclusively
using a paperless solution and have a 98% turnaround
review schedule success rate. Some other larger projects
HR Green and/or our staff have reviewed and processed
include the SilverRock Resort (La Quinta), 8,200-acre
Ontario Ranch (Ontario), Alberhill Villages (Lake Elsinore),
as well as a large volume of residential, commercial, and
industrial development over the past 13 years (Jurupa
Valley).
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Engineering Services and Land Development | City of Palm Desert
ELECTRONIC PLAN CHECK METHODOLOGY
HR Green utilizes proven electronic plan processes that
save time and costs of printing, delivering, handling and
storing copies of plans for review. Our plan check leaders
are industry-recognized thought leaders in advancing
the robustness of paperless plan review and inspection
solutions. We are proficient in numerous electronic plan
review and inspection systems, TRAKiT Land Management
and Bluebeam plan check software and are constantly
working with agencies and applicants to move exclusively
to a paperless environment. This is critical on larger,
multi-disciplined projects where there may be overlap
between design disciplines. Comments from each review
are summarized electronically by our staff.
Design responses are added and included with the
next submittal to verify that all comments have been
addressed. This approach has been effective in resolving
comments at early stages, avoiding repeat comments by
reviewers, and coordinating responses among disciplines.
We also update a detailed tracking log whereby the agency
can identify the status of any project through the review
lifecycle process in real time.
Step 1 - Preliminary Discussions
Prior to beginning our initial plan check project, the Plan
Review Manager will conduct a meeting or conference
call with the applicant to discuss local code policies,
documentation procedures, plan processing protocols,
plan review checklist items, and scheduling.
Step 2 – Initial Review
Once HR Green receives a complete set of plan
documents, we will perform our plan review in the agreed-
upon timeframe, checking for compliance to all applicable
code standards. All corrections are identified based on
compliance with specified codes and regulations and
worded so the designer will know what needs attention
and how to respond to the issue stated.
Generally, corrections can be identified in two ways:
Notes can be made on plans as appropriate and
authorized to assist in locating the issue on the plans.
A correction sheet is generated detailing what items
need to be addressed before plan approval.
The client will receive a copy of each correction list, as
well as a cover memo containing the following:
The date plans were reviewed by our plan review staff.
The date that the applicant/applicant’s designee was
notified that the plan review was completed.
The name and phone number of the applicant/
applicant’s designee that was notified that the plan
review was completed.
Step 3 - Transmittal of Plans and Comment
Lists for Plan Check
There will be a coordinated effort to track and coordinate
all submittals and requests received. To help assure that
submittals are properly coordinated and tracked, we will
implement our proven internal plan check coordination
process in which each plan received for review is properly
handled, processed and returned on time.
Upon completion of our review, any comments generated
will be consolidated into a correction letter which will be
forwarded to the applicant. At the same time, an electronic
copy will be sent to the City for your reference.
At your discretion, upon completion of the initial plan
review a debrief between our staff and the City can be
coordinated to ensure our firm is aligning with the City’s
expectations.
Step 4 - Rechecks
Upon receipt of the resubmittal package from the
applicant, we will notify the City that we have received
the package. Once we have verified that the resubmittal
package is complete, we perform a recheck in the agreed-
upon timeframe. This process will be repeated until the
project plan documents are ready to be recommended for
approval.
When all review comments are satisfied, we will forward
two sets of all relevant correspondence bearing our
company’s “Approval” stamp (including plans, calculations,
and specifications), along with a transmittal letter
indicating our recommendation for project approval, and
the project file to the City for processing.
Upon completion of a plan check, we will forward an
electronic copy of the correction list to you and to any
other party you designate. When corrected plans are
resubmitted, the same procedure will be followed.
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Engineering Services and Land Development | City of Palm Desert
Step 5 – Plan Approval
Upon plan approval, HR Green will present to you the
requested number of approved engineering plans, a copy
of the review sheet with all completed items appropriately
signed off, a letter of transmittal stating the conditions,
if any, of approval (such as fees due, necessary agency
approval(s), or minor items to be completed), and all other
pertinent documents.
Our plan tracking procedures are computerized to track
each submittal through the review process and maintain
accurate and comprehensive records for each submittal.
For nearly two decades, the HR Green team of reviewers
has implemented proven electronic solutions that save
time and costs of printing, delivering, handling, and storing
copies of plans, documents, and survey records. Our plan
check leaders are industry-recognized thought leaders
in advancing the robustness of paperless solutions.
Tina and other HR Green professionals have served
as technical advisors to paperless data management/
reporting software solution providers to incorporate new
tools and refine electronic solutions. We leverage and are
proficient with various software solutions (e.g., Bluebeam
Revu, Adobe, Accela, TRAKiT, EnerGov, Agiline, ePlanSoft,
etc.) to not only create a paperless environment, but also
provide healthy reporting for smart decision-making. We
are constantly implementing the latest tools available in
software. Currently, we are working with Agiline Software,
a leading software solutions firm. Their CityView360°
module allows for the seamless interface with TRAKiT to
upload, track, and review of plans. This portal is available
on day one at NO COST to the City of Palm Desert.
Item 1T-74
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Engineering Services and Land Development | City of Palm Desert
HR Green’s Quality Assurance Program
HR Green believes that a proactive approach to Quality
Assurance/Quality Control (QA/QC) is essential to the
success of any project, and a formal QC process should be
built into every project undertaken. Quality control is more
of a philosophy than a separate set of tasks or activities,
and a quality control plan is only the documentation of that
philosophy and approach.
The most critical aspect of quality control includes
building quality into the project from the very
beginning. HR Green has built our QA/QC Program
for Plan Check Review into our standard process,
so that the quality of our services is automatically taken
into account with every plan check we undertake. We
understand that quality is not a separate element or
distinct event that is added in at the last minute through
reviews. The belief in the importance of quality control is
part of our company’s culture.
To help assure that submittals are properly handled, and
work hours are optimized, HR Green has a proven internal
plan review coordination process, GreenTREx, to make
certain that each plan received is properly processed and
returned on time. Our GreenTREx development review
process/program allows us to efficiently complete plan
tasks concurrently. This is a formalized and integrated
process whereby Technician data input and processing,
Review, and Experienced professional staff manage
quality control functions that are consistently implemented
on each and every project. This allows multiple HR Green
staff to assist at any point during the processing, review,
and approval phases.
The Project Manager, as the person with overall
responsibility for the technical work, consistently monitors
the entire QA/QC process. They are accountable for
project quality. On projects with greater complexity or
size, the Project Manager can verify compliance with
the QC process by assigning QA Auditors to perform an
audit of the QC process prior to all milestone submittals.
If QA Auditors are not assigned, the QA audit is the
responsibility of the Project Manager.
Regardless, the QA audit will review all documents to
verify:
All items have been checked, back-checked, rechecked,
and reviewed with check prints filed.
Check prints and check print stamps were used.
All computer generated calculations have been checked.
Spot checking “original” documents to see that
corrections noted on check prints have been made and
to verify that client and regulatory review comments
have been addressed.
Proper specifications are being used; i.e. specific forms
corresponding to project funding, client-specific forms,
etc.
Proper CADD standards are being used whether they
are HR Green’s or the client’s standards.
Proper design standards are being followed. The plan
and document submittal checklists have been reviewed
for completeness and checked off. These checklists will
become a part of the quality control file.
The audits will include constructive criticism regarding
such items as clarity, accuracy, completeness, guidelines,
etc. The results of the audits will be documented and
communicated to all members of the project staff. Any
follow-up corrective activity required will be noted and
initiated as appropriate.
Item 1T-75
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Engineering Services and Land Development | City of Palm Desert
GREEN TREx Civil Plan Check Process
City/County Receives
Plans from Applicant
+ Assigns Project
HR Green Receives PDF
of Plan Submittal + Enters
Information into system
Submittal Intake Checklist.
Notify City/County if
Submittal is Complete.
Discuss Key Issues
with City/County +
Project Manager
Budget Hours
Distribute Plan to
Appropriate Plan Review
Team Member(s)
Parcel + Final Tract Maps
Rough + Precise
Grading Plans
Water + Sewer Plans
+ Calculations
Storm Drain Plans
Dry Utility Plans
Sign + Striping Plans
Street Lighting Plans
Grading Plans
Real Property Review
Hydrology/Hydraulic
Studies
WQMPs + SWPPPs
Landscape +
Irrigation Review
Geotechnical
+ Soils Reports
Prepare Corrections
Memo
Quality Reviews
Finalize Correction/
Approval Memo
Log Out Project
City/County
Design Engineer
RESUBMITTAL
Street Improvement
Traffic/Signal
Control Plans
TECHNICIAN REVIEWER EXPERIENCED
PROFESSIONAL
T R EX
Erosion Control and
PM10 Plans
Item 1T-76
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Engineering Services and Land Development | City of Palm Desert
GRANT AND FUNDING SUPPORT SERVICES
HR Green has been supplying engineering support
services to southern California agencies for more than a
decade. Most of our staff have worked in Public Works
departments and understand the importance of these
services and how critical they are to project delivery.
We believe that funding, design, construction and
maintenance of public projects are the heart of any public
works department and our primary focus as company.
Funding Needs Analysis/Strategic Outreach
HR Green has a long and successful history of working
with California communities to develop and implement
successful funding strategies. Our strategy focuses on
securing and managing funds through a combination of
competitive grants made available at the federal, state and
local level, utilizing local financing tools, and leveraging
alternative service delivery and funding models
The hallmark of HR Green’s approach to project funding is
based on the following actions:
Identify funding options that meet the needs
of the community and the project. Frequently,
communities chase funding rather than identify
how potential funding sources are a good fit for the
project and the community. For example, determining
the type of funding associated with a program, its
eligibility requirements, reporting requirements, funding
history, etc., can help the community assess if the
anticipated use of funds meets a project need and the
administrative responsibilities associated with securing
funding are not burdensome for administrative officers.
Determine if the funding source(s) are consistent with
the project needs and the community’s capabilities. HR
Green works with steering committees, city councils or
project committees to outline funding options, discuss
advantages and disadvantages associated with each
funding option, eliminate the least desirable funding
options and select finalist funding options for further
pursuit.
Prepare a funding strategy that focuses on
implementation. HR Green works with our public
agencies to prepare a tailored funding strategy,
including a proposed schedule of activities and listing of
milestone events. These efforts typically involve meeting
with administrative staff and elected officials.
Prepare successful funding applications. Our process
of evaluating funding opportunities does not simply
consist of grant preparation. To the contrary, HR Green
spends considerable effort asking the right questions
of grant makers, examining past funding commitments
and developing text that reflects your needs and its
consistency with past funding awards.
The same is true in our efforts to leverage federal
appropriations. HR Green has an experienced
representative in Washington, DC that has relationships
and a familiarity with the appropriations process to
attract federal funds to projects.
On-going contact with fund program managers. Our
effort does not end with the submission of the funding
proposal. Often, staff will contact the grant maker to
ensure that there are no unanswered questions and to
strive to keep the review moving forward.
Grant Funding Research
HR Green has a dedicated team of staff throughout our
offices to keep up to date on available federal and state
grant opportunities. We routinely assist our clients in
both identifying and securing outside financial resources
and navigating through regulatory and administrative
requirement that accompany these funding sources. The
purpose of our grants team is to leverage grant programs
for our clients as well as pool and share knowledge of
available grants funding both internally and with our
clients. Our team will work with City staff identifying
available funding opportunities and assist the City utilizing
our experienced grant writing team to apply for grants
including, but not limited to the following areas: road
improvements; water quality and other environmental
initiatives; community/economic development; health
and human services; housing programs; infrastructure
development and maintenance; technology; parks,
recreation and trail development. We will provide the City
with summaries of potential funding opportunities related
to all priority areas.
Grant Proposal Development and Submittal
HR Green’s grant writers and administrators include
former public sector employees along with diversely
skilled planners, engineers, scientists, and managers who
understand the multiple aspects of federal and state aid
project delivery and how to position a project for funding.
Public agencies may need help both identifying and
securing outside financial resources and also managing
Item 1T-77
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Engineering Services and Land Development | City of Palm Desert
the regulatory and administrative requirements that
accompany the funding sources. We provide turnkey
services to deliver your important capital improvement
projects through the planning, design, and construction
phases.Grant writing services will include:
Grant application review and preparing a timeline and
chart of tasks for grant submission.
Preparation of funding abstracts, production and
submittal of applications to funding sources.
Provide ongoing technical review of grant applications
prepared and submitted by staff when requested.
Ensuring that letters of support and other required
certifications or documents are submitted with the grant
timeline.
Completing tasks (including but not limited to reports
and budgets) for post award administration and
accountability in accordance with the grant time line.
A copy of each grant application package submitted for
funding, in its entirety, is to be provided to the City.
Project Funding
Item 1T-78
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Engineering Services and Land Development | City of Palm Desert
D. Proposed Method to Accomplish the Work
Continued Section: Reporting and Management
Management and Administration
HR Green has a strong reputation of providing exceptional
management and administration services to our clients.
The following are the main tasks that we have found lead
to the successful project management and provide the
best results for our clients.
Managing Schedules
HR Green understands the importance of maintaining
project schedules. The timely delivery of a project or
deliverable is critical to project stakeholders. Our Plan
Check processes have been designed to meet or exceed
your expectations for on-time delivery of plan reviews.
Managing Subconsultants
HR Green has excellent relationships with each of the
subconsultants we offer to the City of Palm Desert. We
actively maintain those relationships with a constant flow
of communication and understanding of project needs,
project deadlines and project deliverables.
Managing Project Changes
HR Green will continuously monitor each project to
address unexpected challenges and recommend
innovative solutions to keep the project progressing.
The recommendations are developed and evaluated to
determine the most cost-effective solution for the City.
Responding to the City’s Needs
HR Green understands that the City may need additional
experienced staff to provide the highest level of service
to the City and that the immediate need for external
support services may be with short notice. We will be
responsible for providing fully qualified and experienced
staff to efficiently perform the services and support
the needs of the City in each of the areas identified in
the City’s RFQ. HR Green will provide support services
on an “As-Needed,” “On-Call,” or “Short Notice” basis;
and to work under the general supervision of the
Community Development Department or other Department
representative. We are committed to providing the highest
caliber of support services to the City of Chino Hills and to
responding quickly to requests from the City.
Additionally, we understand the challenges that can come
up during departmental support activities. We understand
that the City expects our City Engineer and Task Leads to
proactively lead our team and subconsultants to address
each challenge for successful completion of the project.
Project Documentation
HR Green recognizes the importance of maintaining
detailed and accurate project records. On our projects,
we provide the highest level of project documentation
quality to our clients. HR Green has built an excellent
reputation for providing clients with project records that
are second to none. The project record audits conducted
by our clients of previous projects we have managed are
continually documented with successful results.
Supervision and Communication
HR Green is committed to immediately addressing
concerns or requests made from the City. HR Green’s
Project Managers and Task Leads will listen to the City’s
request and develop recommendations that address
the issue for the City to consider. Additionally, they will
manage all aspects of the contract, including the high
quality performance of our staff and subconsultants for
the various services requested by the City. Tim and our
Task Leads will always keep open lines of communication
to City staff and management. Should the need arise,
our Principal-in-Charge, George A. Wentz, PE, will
also be available to the City to answer any questions or
concerns regarding our performance or any other aspect
of the contract.
Item 1T-79
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Engineering Services and Land Development | City of Palm Desert
A Forward-Thinking Approach
Integrated Project Management Reporting / Software Solutions
Our firm and staff are very proficient in leveraging software solutions to
effectively manage different departmental programs/projects/facilities/
maintenance operations. Regularly serving in a department head and program
management role for municipalities, we consistently utilize GIS to manage
city assets, permitting systems to process approvals, and other data tools to
make more informed decisions. Our staff have served as CIP Project/Program
Manager as well as Public Works Maintenance and Facilities Managers for
agencies throughout Southern California. Recently, we tested and successfully
implemented Accela for a Southern California city of 100,000 population as
their permitting and reporting solution. We are a consultant partner to Agiline,
LLC which provides a suite of software applications that more efficiently manage
capital projects/programs and provide a consolidator tool to collect, validate,
transform, organize, present and act on information received from several data
sources, leading to customized reporting on key performance indicators.
LOOKING
FORWARD
Item 1T-80
HRGREEN.COM
TRANSPORTATION
+
WATER
+
GOVERNMENTAL SERVICES
+
LAND DEVELOPMENT
+
ENVIRONMENTAL
+
CONSTRUCTION
Item 1T-81
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Veronica Chavez, Director of Finance
REQUEST: APPROVE AGREEMENT BETWEEN EISENHOWER HEALTH AND THE
CITY OF PALM DESERT AS IT RELATES TO FUNDING COSTS OF
CONSTRUCTION OF AN EMPLOYEE CHILD CARE FACILITY
RECOMMENDATION:
1. Authorize the City Manager to finalize and Mayor to execute an agreement between
Eisenhower Health and the City of Palm Desert, in substantial form, relative to funding of
costs of construction of an employee childcare facility.
2. Approve funding in an amount not to exceed $2,500,000 from Unspent Bond Proceeds
pursuant to the Bond Proceeds Funding Agreement with the former Palm Desert
Redevelopment Agency.
BACKGROUND/ANALYSIS:
Eisenhower Health (Eisenhower) has been a long-standing partner with the City of Palm Desert
providing excellent healthcare for the residents of Palm Desert as the nearest medical facility for
our residents. Eisenhower is the only non-publicly funded hospital in the Coachella Valley.
Eisenhower plans to build a 17,000 sf Childcare Center for the children of their employees and
physicians on a nearby property. The Childcare Center will be located near the Brandman
Memory Care Center as research has shown childcare locations near memory care centers
improve outcomes for both groups. Following a successful support program instituted by
Eisenhower during the pandemic, they realized a day care option for their employees was
needed. Currently Eisenhower employs over 600 Palm Desert residents.
The following results are from a survey Eisenhower conducted to confirm their needs (over 1,000
employees responded):
• 43% of employees with children believe that a lack of childcare resources has affect their
performance at work
• 38% of employees thought about leaving their job, due to childcare needs
• Their nurse retention rate would increase if they offered this much-needed service
• Having a childcare center would put Eisenhower at the forefront for attracting nurses
In order to provide greater service to the residents and visitors of Palm Desert, Eisenhower
has requested a contribution to assist with the construction costs of the Childcare Center. The
cost of the construction is approximately $9 million. So far, Eisenhower has raised $2.5 million
and requests a matching contribution from the City of Palm Desert. The cities of Indian Wells
and Rancho Mirage are not contributing to the childcare center; however each has recently
contributed $2.5M toward the current Cardiovascular Campaign.
Item 2A-1
In recognition of the City’s commitment, Eisenhower will provide certain requirements as
developed by staff and detailed in Exhibit “B” of the agreement. Chief among the benefits to the
City is the recognition on the Hospitals “Hall of Honor” and in various publications. The City will
also receive a plaque in the newly built facility, recognition of sponsorship in the Childcare
Facility, and other opportunities to recognize the City as identified by staff.
Staff recommends approval of the funding agreement between Eisenhower and the City of Palm
Desert.
FISCAL ANALYSIS
Funding in the amount of $2,500,000 is included within the FY 2023/24 CIP Budget, Account
No. 4514800-4388300. Upon funding approval and execution of the agreement the first payment
of $500,000 will be due and payable and the remaining two (2) payments of $1,000,000 each,
due on the annual anniversary date. This agreement would remain in effect through June 30,
2026. There is no additional impact to the General Fund with this request.
REVIEWED BY:
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Request for Funding
2. Draft Funding Agreement
Item 2A-2
AGREEMENT BETWEEN
EISENHOWER HEALTH
AND THE CITY OF PALM DESERT
AS IT RELATES TO FUNDING OF COSTS ASSOCIATED WITH
CONSTRUCTION OF AN EMPLOYEE CHILDCARE CENTER
THIS AGREEMENT (the “Agreement”) is entered into effective on June 8, 2023, by
and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and
Eisenhower Health, a California corporation, (“EISENHOWER”).
WHEREAS, the CITY is a charter city organized under the laws of the State of
California and its charter; and,
WHEREAS, EISENHOWER owns and operates a health care facility and provides a
wide range of medical services, providing an enormous benefit to the residents and visitors
of the CITY; and
Whereas, the CITY, and the CITY acting as the Palm Desert Redevelopment
Agency, have contributed more than $10 million to EISENHOWER since 1992.
Whereas, CITY and EISENHOWER desire to improve, augment and provide funding
for construction of an employee childcare center for the benefit of the community.
NOW, THEREFORE, IT IS AGREED as follows:
1. Purpose. EISENHOWER will continue to make vital contributions to the
quality of life in Palm Desert for the City’s residents and visitors through the ongoing
provision of outstanding health care programs, amenities, and services that benefit
residents and visitors alike.
2. CITY’S Responsibilities. The CITY commits to provide two million and five
hundred thousand dollars ($2,500,000) in three (3) annual installments, of five
hundred thousand dollars ($500,000) the first year, and one million dollars
($1,000,000) each, the two subsequent years, the first due and payable upon the
mutual execution of this Agreement, and the remaining two annual installments due
on the annual anniversary dates hereof, provided however, that the city council
appropriates annually sufficient funds to pay the installment. The Payment Structure
is attached hereto and incorporated herewith in Exhibit “A” to this Agreement.
3. EISENHOWER’S Responsibilities. In recognition of the CITY’s funding
commitment in the amount two million and five hundred thousand dollars,
EISENHOWER will provide certain Funding Requirements as detailed in Exhibit “B”
attached hereto and incorporated herewith.
Item 2A-3
4. Term. This Agreement shall be effective as of July 1, 2023 and continue in
effect until June 30, 2026, unless sooner terminated in accordance with the
termination provisions set forth hereinafter.
5. Unilateral Termination. Despite the provisions that this contract shall be in
force until June 30, 2026, this Agreement may be terminated by either party, with or
without cause, at any time upon either party giving ninety (90) days' written notice to
the other party of said termination. Upon such notice being properly given, this
Agreement shall terminate upon the date specified in the written notice.
6. Relationship of Parties. It is understood that the contractual relationship of
the EISENHOWER to the CITY is that of Independent Contractor; EISENHOWER is
not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the
manner in which EISENHOWER constructs the childcare center, but EISENHOWER
shall be responsible for the completion of the project. The means by which
EISENHOWER constructs the center specified hereunder shall be determined solely
by EISENHOWER. CITY shall exercise no control over the manner and details of
performance, the specific hours that any employee of EISENHOWER may work,
who shall be employed by EISENHOWER or which employee is assigned to any
particular function or duties; nor shall CITY provide supplies or tools utilized to
accomplish the tasks undertaken by EISENHOWER. The CITY is not responsible
for salary reimbursement or provisions, and grant funds cannot be used to fund any
wage, salary or benefits offered by EISENHOWER. EISENHOWER shall ensure
prevailing wage for any services used under related construction contract.
7. Assignment. This Agreement shall not be assigned or duties hereunder
delegated by EISENHOWER without the written consent of the CITY.
8. Amendment. This Agreement may be amended or modified only by written
agreement signed by both parties, and failure on the part of either party to enforce
any provision of this Agreement shall not be construed as a waiver of the right to
compel performance of such provision or provisions.
9. Indemnification. EISENHOWER shall indemnify and hold CITY harmless,
and each of its officers, directors, employees, and agents, and each of their heirs,
successors, and assigns against, and shall indemnify and hold parties harmless
from any and all claims, costs, liabilities, penalties, damages, or expenses of any
kind or nature whatsoever, whether based on negligence or strict liability, including,
but not limited to court costs, reasonable attorney’s fees, and expenses, whether
incurred at trial, appellate, or administrative level, or in connection with any required
arbitration, which any such indemnified parties may suffer or incur, or to which any
of such indemnified parties may be subjected, as a result of or arising out of this
Agreement. Such indemnification, however, is subject to CITY and any other
indemnified party claiming the right to be indemnified by providing written notice to
EISENHOWER of any such claim for damage under this Agreement within 15 days
of receiving notice of such claim.
10. Notice. Any and all notices or other communications required or permitted by
this Agreement to be served or given to either party shall be in writing and shall be
deemed duly served and given when personally delivered to the party to whom it is
Item 2A-4
directed or, in-lieu-of personal service, when deposited in the United States mail, first
class – postage pre-paid, addressed to CITY and EISENHOWER as follows:
City of Palm Desert
Attn: L. Todd Hileman
City Manager
73-510 Fred Waring Drive
Palm Desert, CA 92260
EISENHOWER HEALTH
FOUNDATION
Attn: Michael Landes
President
39000 Bob Hope Drive
Rancho Mirage, CA 92270
Either party may change its address for purposes of this Agreement by giving written
notice of the change to the other party in the manner provided in this paragraph.
In Witness Thereof, this Agreement has been executed this ____ day of
_________________, 2023,
EISENHOWER
___________________________________________
President Date
Attest:
________________________________________________
Secretary Date
CITY OF PALM DESERT
____________________________________________
Kathleen Kelly, Mayor Date
Attest:
________________________________________________
Anthony J. Mejia, CITY Clerk Date
Item 2A-5
EXHIBIT “A”
PAYMENT STRUCTURE
City shall pay to the recipient progress payments on the following dates, upon satisfaction
of requirements referenced in Exhibit B, the following stated amounts for a cumulative total,
not to exceed $2,500,000:
• Upon final execution of document $500,000
• On the first anniversary of execution date $1,000,000
• On the second anniversary of execution date $1,000,000
The foregoing shall be the only payments made to the recipient during the entire term of
this agreement.
Item 2A-6
EXHIBIT “B”
FUNDING REQUIREMENTS
In recognition of the CITY’s funding commitment in the amount two million and five
hundred thousand dollars, EISENHOWER will:
1. Install a plaque in a mutually agreed upon location within EISENHOWER’s Hospital
“Hall of Honor” as well as the new childcare center. The plaque will measure no less
than 8” x 10” and will be installed on a concrete or stone pedestal or similar
base/structure of sufficient height (no less than 18”) to distinguish it from the existing
hardscape while remaining consistent with and complementary to its surroundings.
The plaque and its base will remain in place for a period of no less than 25 years.
The plaque will acknowledge the CITY’s generous support of EISENHOWER in
agreed upon language. EISENHOWER will mark the installation of the plaque with a
ceremony and feature the event in: media releases; healthcare publications, and
other donor communications.
The CITY’s contributions through this agreement will be combined with its previous
support of EISENHOWER so that the CITY’s cumulative support can be recognized
permanently. The CITY will receive attention commensurate with the increasing
amount of its cumulative support.
2. EISENHOWER will retain the right to sell presenting and supporting sponsorships at
levels below that of the CITY
EISENHOWER will provide numerous marketing opportunities in the six to eight
weeks preceding the grand opening to include joint promotions and signage and
advertising within the healthcare facility and at EISENHOWER’s other locations.
3. EISENHOWER will continue to work with CITY staff to determine if other
opportunities exist to recognize the CITY’s contribution.
Item 2A-7
Item 2A-8
Item 2A-9
Item 2A-10
Item 2A-11
Item 2A-12
Item 2A-13
Item 2A-14
Item 2A-15
Item 2A-16
Item 2A-17
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: REQUEST FOR DIRECTION REGARDING REDISTRICTING OPTIONS
RECOMMENDATION:
Provide direction regarding redistricting options.
BACKGROUND:
On May 25, 2023, the City Council discussed redistricting options and directed staff to
analyze the feasibility of submitting a ballot measure to authorize mid-cycle redistricting and
to trigger the redistricting process to commence at a future date based upon a certain
percentage (specifically 60%) of new residential units, currently under construction or
approved, being built in the northern part of Palm Desert, north of Country Club Drive.
Feasibility: Charter Amendment & Triggering Metric to Commence Redistricting
The Development Services Department provided a residential project map depicting projects
which are under construction or approved, north of Country Club Drive. In summary, 1,683
new units are under construction and 2,517 units are approved, with an estimate of 2.12
persons per unit, for a projected population increase of 8,904, based on 100% occupancy.
The City Council requested a feasibility analysis whether a ballot measure(s) may be
submitted asking voters to 1) allow the City to conduct mid-cycle redistricting (mid-cycle refers
to redistricting in between decennial censuses); and 2) requiring the City to transition to more
numerous smaller districts upon completion of 60% of the residential projects, north of Country
Club Drive.
1.Yes, the City Council may submit a ballot measure asking voters to allow mid-cycle
redistricting. Doing so would ensure that any transition to smaller districts complies with
Elections Code § 21625.
2.Yes, the City Council may submit a ballot measure asking voters to require the City to
transition to more numerous smaller districts contingent upon reaching a specific metric
such as a certain percentage of completed residential developments, north of Country
Club Drive.
However, staff recognizes some of the listed projects may never come to fruition,
project scopes may be reduced or expanded, and new projects may be introduced.
Alternatively, it is recommended setting the trigger to a particular number of new
residential units being constructed, such as 2,520 new residential units (which is 60% of
the 4,200 projected residential units).
Item 2B-1
City of Palm Desert
Direction regarding Redistricting Options
Page 2 of 3
For illustrative purposes only, a sample ballot question is provided:
Shall the City Charter be amended to allow City Council redistricting prior
to the 2030 Federal Census, in order to adjust the City’s electoral system
from the current two districts to more numerous smaller districts, when an
additional 2,520 residential units located north of Country Club Drive
receive certificates of occupancy?
Yes
No
An additional consideration related to this method is that it is not guaranteed to correlate
to population growth. Without the benefit of an updated census, it will be unknown
whether these new residential units will be occupied by full-time or part-time residents.
Another alternative method would be to trigger the redistricting process to future
population growth based on estimates from the California Department of Finance (DOF).
If the City Council desires to use 60% of the projected residential units, that equates to a
population growth of 5,343. If we use the 2020 Census population estimate of 51,167 as
the starting point, then when the City reaches an estimated population of 56,510 it would
transition to more numerous smaller districts. The benefit of the DOF estimates is it is
used in numerous state statues and its data is more concretely tied to administrative
records of birth and death, housing construction, and driver’s licenses, click here to
review the DOF press release regarding its population estimates.
For illustrative purposes only, a sample ballot question is provided:
Shall the City Charter be amended to allow City Council redistricting prior
to the 2030 Federal Census, in order to adjust the City’s electoral system
from the current two districts to more numerous smaller districts, when the
City reaches an estimated population of 56,510 as reported by the
California Department of Finance?
Yes
No
The City Council may submit these ballot questions at either the Presidential Primary Election
in March 2024, Presidential/General Municipal Election in November 2024, or some other
future Statewide election date. Despite the City being able to use these methods to authorize
mid-cycle redistricting and to trigger redistricting upon reaching a certain metric, this will not
eliminate the use of RCV. Arguably for the duration of the settlement agreement, which is
enforceable through 2030, the City has obligated itself to keep RCV even if it transitions to five
districts. While federal and state law do not require the use of RCV, if the City Council desires
to eliminate RCV before 2030, it will require agreement of the plaintiffs. Similarly, if the
plaintiffs want to ensure the extended use of RCV beyond 2030, that will require some
provision in the outcomes under discussion to accomplish this.
The City Council also expressed that the ballot measure should be phrased in a manner that
leave the number of “smaller districts” to a future City Council to decide whether to transition to
some other configuration, such as five districts, six districts with an at-large mayor, or seven
districts. However, the settlement agreement/stipulated judgement only envisioned the City
Council consisting of five members. Therefore, if the triggering metric is reached during the term
of the settlement agreement which is enforceable through 2030, the City must renegotiate said
terms with Attorney Shenkman, his clients, and the court must approve any transition to smaller
districts, other than five single member districts.
Item 2B-2
City of Palm Desert
Direction regarding Redistricting Options
Page 3 of 3
FINANCIAL IMPACT:
The estimated cost to add a ballot measure to the March or November 2024 election is
approximately $35,000.
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.Residential Projects Status Update Map
2.May 25, 2023, Staff Report
Item 2B-3
Attachment 1
City of Palm Desert
Residential Project Status – May 2023
For the purpose of information displayed in the table:
•Only projects which have begun construction/grading, and or have an active entitlement have been
included in this map. These totals are subject to change if and when new residential projects are
approved, or if existing approved entitlements lapse (expire).
•Population projections are based on the total unit count multiplied by the average household size located
in the City of Palm Desert per the US Census Bureau's data complied under the 2021 American
Community Survey 5-year estimates. These totals are based on 100% occupancy rate.
Regarding estimated unit completion:
We estimate that the 1,683 dwelling units currently under construction, which represent 40% of the total unit
count, will be completed within the next 24 months. The remaining 2,517 dwellings, representing 60% of the
total, are at varying stages in the post-entitlement process and it is anticipated that construction of those sites
would begin within 24 to 36 months, and achieve buildout within 60 months. The ultimate unit count may change
as new projects are approved, or lapse.
Map
ID Project Name Residential
Type Status Unit
Count Population
A Urban Crossings Multi-family Approved 176 373
B Sage Single-family Under Construction 111 235
C Palm Villas Multi-family Approved 241 511
D Millennium Apartments Multi-family Under Construction 330 700
E Vitalia Apartments Multi-family Under Construction 269 570
F Santa Barbara
Condominiums Single-family Approved 32 68
G Montage Single-family Under Construction 63 134
H University Park Lennar Single-family Under Construction 196 416
I Gerald Ford Apartments Multi-family Under Construction 150 318
J Frank Sinta Drive/
Portola Avenue Apartments Multi-family Approved 394 835
K Dolce Single-family Under Construction 159 337
L Refuge Specific Plan Single-family Approved 700 1484
M University Park Apartments Multi-family Approved 336 712
N University Park Phase Four Multi-family Approved 183 388
O University Park Phase Two Single-family Under Construction 169 358
P University Park Phase One Single-family Under Construction 236 500
Q University Park Phase Three Single-family Approved 145 307
R Monterey Ridge Multi-family Approved 227 481
S Desert Surf Villas Single-family Approved 83 176
Total Units 4,200
Projected Population (2.12 persons per unit) 8,904
Item 2B-4
I VICINITY MAP
Dina
h
S
h
o
re
D
r
Va
r
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r
R
d
Monterey
Marketplace
Shepherd LnDi
nah
S
hore
DrGateway Dr
35th Ave
Frank Sinatra Dr
Gerald
F
o
r
d
D
r
Portola AveVa
rn
e
r
R
d
MontereyAveMonterey Ave
Suncrest
Country Club
Marriott's
Shadow Ridge
Desert Willow
Co untry
C
l
u
b
D
r
Ivey Ranch
Country Club
Sweetwater DrCow boy
D
r
CookStVa r ner
R
d
F r ank Sinatra
D
r
Gerald
F
o
rd
D
r
Ivey Ranch
Country Club
Classic Club
Golf Course
Avondale
Country Club
Desert Falls
Country Club
CSU San
Bernardino-Palm
Desert
UCR Palm
Desert Campus
Country
C
l
u
b
D
r
A - 176 B - 111
C - 241
D - 330E - 269
F - 32
G - 63
H - 196
I - 150
J - 394
K - 159
L - 700
M - 336
N - 183
O - 169
P - 236 Q - 145
R - 227
S - 83
Loma Linda University, UC Riverside, City of Palm Desert, County of
Riverside, California State Parks, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA,
NPS, US Census Bureau, USDA, Copyright nearmap 2015
Residential Project Status - May 2023
Approved
Under
Construction
Units: 2,517 / Projected Pop. 5,336
Units: 1,683 / Projected Pop. 3,568
Map ID Project Name Residential Type Status Unit Count Population
A Urban Crossings Multi-family Approved 176 373
B Sage Single-family Under Construction 111 235
C Palm Villas Multi-family Approved 241 511
D Millennium Apartments Multi-family Under Construction 330 700
E Vitalia Apartments Multi-family Under Construction 269 570
F Santa Barbara Condominiums Single-family Approved 32 68
G Montage Single-family Under Construction 63 134
H University Park Lennar Single-family Under Construction 196 416
I Gerald Ford Apartments Multi-family Under Construction 150 318
J Frank Sinta Drive/Portola Avenue Apartments Multi-family Approved 394 835
K Dolce Single-family Under Construction 159 337
L Refuge Specific Plan Single-family Approved 700 1484
M University Park Apartments Multi-family Approved 336 712
N University Park Phase Four Multi-family Approved 183 388
O University Park Phase Two Single-family Under Construction 169 358
P University Park Phase One Single-family Under Construction 236 500
Q University Park Phase Three Single-family Approved 145 307
R Monterey Ridge Multi-family Approved 227 481
S Desert Surf Villas Single-family Approved 83 176
4,200
8,904
Total Units
Projected Population (2.12 persons per unit)
Item 2B-5
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 Item 2B-6
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-2Item 2B-7
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-3Item 2B-8
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-4Item 2B-9
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-5Item 2B-10
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-6Item 2B-11
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-7Item 2B-12
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-8Item 2B-13
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-9Item 2B-14
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 10Item 2B-15
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 11Item 2B-16
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 12Item 2B-17
Item 2B-13Item 2B 13Item 2B-18
Item 2B-14Item 2B 14Item 2B-19
Item 2B-15Item 2B 15Item 2B-20
Districting Options
City of Palm Desert
May 25, 2023
Item 2B-16Item 2B 16Item 2B-21
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 17Item 2B-22
(New Slide)
Item 2B-18Item 2B 18Item 2B-23
(New Slide)
Item 2B-19Item 2B 19Item 2B-24
(New Slide)
Item 2B-20Item 2B 20Item 2B-25
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 21Item 2B-26
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 22Item 2B-27
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 23Item 2B-28
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 24Item 2B-29
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 25Item 2B-30
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 26Item 2B-31
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 27Item 2B-32
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 28Item 2B-33
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 29Item 2B-34
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 30Item 2B-35
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 31Item 2B-36
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 32Item 2B-37
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 33Item 2B-38
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 34Item 2B-39
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 35Item 2B-40
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 36Item 2B-41
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 37Item 2B-42
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 38Item 2B-43
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 39Item 2B-44
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 40Item 2B-45
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Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Nick Melloni, Principal Planner
REQUEST: RECEIVE AND FILE THE 2023/2024 WORK PLAN FOR THE CULTURAL
RESOURCE PRESERVATION COMMITTEE AND REQUEST FOR
DIRECTION ON PURSUIT OF THE WORK PLAN
RECOMMENDATION:
1. Receive and file the 2023/2024 Annual Work Plan for the Cultural Resource Preservation
Committee.
2. Direct staff to amend the Resolution establishing the existing limit on total number of Mills
Act Contracts accepted per year.
BACKGROUND/ANALYSIS:
On November 9, 2022, the Cultural Resource Preservation Committee (Committee) met and
held a discussion of a potential work plan and committee goals for 2023. This initial discussion
identified the following as potential goals:
• Utilize Geographic Information Systems (GIS) technology to provide an inventory of
current resources and identify locations of future potential resources.
• Remove the cap on Mills Act Contracts that the City could enter into in a calendar year.
• Pursue City designation as a Certified Local Government (CLG) for eligibility to grant
funding through the California Office of Historic Preservation for preservation efforts,
resources, and technical training.
• Conduct cultural resource surveys to identify potential cultural resources throughout the
City.
Following the November meeting, responsibilities for the Cultural Resources Committee
transitioned from Building and Safety Division to the Planning Division.
On May 5, 2023, the Committee held a special meeting for a goal setting session for a work plan
setting priorities and objectives for the 2023/2024 fiscal year. The Committee established five
(5) priority items to present to the City Council, which are summarized in Table 1 found on the
following page.
Item 2C-1
City of Palm Desert
Cultural Resource Preservation Committee 2023/2024 Priorities
Page 2 of 3
Table 1 – Cultural Resource Preservation Committee 2023/2024 Priorities
Strategic Plan:
Implementation of the work plan will support Priority 1 of the Palm Desert Strategic Plan by
assessing the current cultural landscape of the City.
FINANCIAL IMPACT:
Costs for the Historic Resource survey and CLG have been included in the 2023/24
Development Services Budget, therefore there is no additional impact to the General Fund.
REVIEWED BY:
Priority Next Steps / Resources Cost
1. 50th Anniversary events, City events, and
Modernism Week to include:
• Explore creation of yard signs or similar
device for residential properties 50
years or older
Assign a subcommittee to work with public affairs
regarding modernism week.
CRPC will establish a subcommittee
to plan for event participation during
2023.
None
anticipated.
2. Update and maintain inventory of current historical
landmarks and make them available on the City’s
website.
• Convert the existing driving tour
document to a searchable
document and reformat
• Provide a brochure on the website
with links to informational
resources on how to research a
historic structure.
Staff will update maps of historic
resources and landmark districts to
show locations on the City website
using existing ESRI software
resources.
None
anticipated.
3. Establish a historic resources survey and a
Citywide historic context statement.
Staff will seek a consultant to
prepare the survey and statement.
$40,000 which was previously
budgeted and allocated to the
preparation of Objective Design
Standards for Multifamily Housing
may be re-allocated to the
preparation this survey.
$40,000
4. Seek certified local government (CLG) designation Staff will assess the potential to file
an application and hire a consultant
to prepare the application. Final
approval of the application will
require City Council Approval.
$30,000
5. Continue to review Mills Act Contracts and
consider requesting the Council modify or remove
the application limits established by Resolution No.
2011-1.
Staff will amend the resolution
establishing the application process,
and review procedures to implement
the Mills Act by increasing the
number of preservation agreements
the City may enter into per calendar
year or removing the requirement
altogether.
No direct cost
at this time.
Fiscal impacts
will be
assessed at
time the
resolution is
modified.
Item 2C-2
City of Palm Desert
Cultural Resource Preservation Committee 2023/2024 Priorities
Page 3 of 3
Department Director: Richard D. Cannone, AICP
City Attorney: Isra Shah, Assistant City Attorney
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. CRPC Work Plan PowerPoint – May 2023
Item 2C-3
2023/2024 Workplan
Goals Priority Ranking
PALM DESERT CULTURAL RESOURCE PRESERVATION COMMITTEE
MAY 5, 2023 –SPECIAL MEETING
5/5/2023 AGENDA ITEM 4A 1Item 2C-4
Background –Why are we here?
•Receive Committee Member Input and Direction Pertaining
to Goals and Priorities For the Fiscal Year 2023 –2024 Goal
•Select 5 Priorities as a Committee
•Present items to Council
5/5/2023 AGENDA ITEM 4A 2Item 2C-5
Committee Member Clark
5/5/2023 AGENDA ITEM 4A 3
Ranking Priority Description Justification of Priority
1 Continue processing of applications for
Certificate of Appropriateness as
currently provided by Ordinance.
-While not many (currently none I am aware of),if such applications
are submitted process according to current ordinance and application
procedures unless changes approved by City Council.
2 Submit request and budget to City
Council for historic resources survey
which includes contextual significance
levels performed by professional
historian/consultant.Cultural Resources
Preservation Committee to act as lead
advisory group with appropriate city staff.
-Without a comprehensive and updated survey of existing inventory of
historic buildings, objects, places, etc., the ability to judge applications
which could alter or impact applications for certificates and CEQA
impacts is gravely handicapped. Further actions seeking state,
federal and major private funding would be similarly impaired. If GIS
effort to be employed, without comprehensive survey such effort
could be difficult.
3 Map or list historic resources for GIS.-This should be included in any effort to conduct historic resources
survey.
4 Continue Mills Act application processing
and property inspections with effort to
amend the seven new application annual
limit.
--
5 Continue to explore and seek
professional advice for a Certified Local
Government application.
--
6 Update and establish a clear application
and process for certificates of
appropriateness.
--
Item 2C-6
Committee Member Graybill
5/5/2023 AGENDA ITEM 4A 4
Ranking Priority Description Justification of Priority
1 Clarify on city's present web-site:How
the public can find up-to-date CRPC
info.Formally found under 'Building &
Safety.'
--
2 Partner with city on 50th events.--
3 Facilitate the recognition of the very
significant Desert Magazine building
and Randall Henderson former
apartment, adjacent to each other
--
4 Recognize the unique opportunity the
whole valley has in the historic art of
Mr. Ron Backer.
--
5 Recognize the unique role the
Henderson family played in bringing
Palm Desert from vision to reality in two
generations.
--
Item 2C-7
Vice-Chair Housken
5/5/2023 AGENDA ITEM 4A 5
Ranking Priority Description Justification of Priority
1 Survey of
cultural/historic
resources in the city.
The majority of our "purposes"and responsibilities require that we know what
we have as far as historic buildings/sites.
2 Historic context
statement.
A context statement will explain how the city
developed over time and allows us to
evaluate/categorize properties as to their
significance.
Provides information to applicants and us in evaluating properties.We could
look to Palm Springs context statement for an example.Is this something we
could develop ourselves?
Also,it sounded like we needed one to apply to be a CLG.
3 Partner with city on
50th Anniversary
events.
Work with the city to specifically promote our
history as it pertains to businesses/buildings that
were here in 1973......and much earlier.
Goes directly to our purposes/responsibilities related to
promoting/celebrating/educating about our historic/cultural resources.
I believe staff is able to easily filter properties by 1973 and older to see the
actual number buildings that are over 50 years old.Knowing that number can
help guide us in finding a way to recognize them.
4 Partner with other city
events....concerts in
park etc.
Set up a table with historic photos of sites in the
city to draw people over and have informational
handouts to provide.
Another form of education as mentioned previously.
5 Review and update
the information about
Cultural Resources on
the city website.
Take a hard look at the site and links on our city
page. (I note it still says we are under Building
and Safety)
Yet another way to educate residents and visitors about the sites that have
already been designated, and also provide information about Preservation and
Applying for Historic Designation.
Item 2C-8
Chair McCune
5/5/2023 AGENDA ITEM 4A 6
Ranking Priority Description Justification of Priority
1 Review
information on
City’s CR site &
update as needed
Partner with the City/IT staff to review, prioritize & update information on the
City of Palm Desert’s Cultural Resources page, determining what needs to be
updated, possibly including but not limited to:
• Update the Landmarks List
• Update the 2007 Driving Tour
• Update the “unofficial list”
• Update the Landmarking Your Home tutorial to make it more “newbie” friendly
• Consider creating a Guide to El Paseo Architecture that can be provided to
people that ride the El Paseo Shuttle
• Consider creating additional driving and/or walking tours of Palm Desert
promoting our unique architecture and historic sites
• Consider creating a user friendly Building Resources Guide for people
considering restoring/rehabbing their property. If we focus on Palm Desert
resources, we would be engaging local businesses.
• Consider writing and publishing a “How to Do a House History” article to get
folks interested in their property.
Website:https://www.cityofpalmdesert.org/departments/
building-and-safety/cultural-resources
The current CP page seems a little dated.
Once updated, perhaps reviewing the CP
page should become regularly scheduled
activity (annual or bi-annual) by the
committee so it stays “fresh” and relevant.
2 Research
developing a
Historic
Districts
program
While PD has a historic site program, it doesn’t yet have a
Historic Districts program. CR should investigate the pros/
cons of having such a program and make a
recommendation about PD adopting a Historic District
program.
It is a vital part of a robust CR program and
something we should consider and decide
whether or not to do.
Item 2C-9
Chair McCune (Continued)
5/5/2023 AGENDA ITEM 4A 7
3 Develop
Existing
Partnerships
Review past partnerships and evaluate which ones should
be deepened/developed, possibly including but not limited
to:
• Partner with the City on a 50th Anniversary event
celebrating our architecture and other cultural resources
• Celebrate buildings that 50yo+ (already built by the time
the City was incorporated)
• Work with Thomas Soule to add Cultural Resources
content to city’s “PR” site.
• Deepen partnership with HSPD & its A&D committee to
celebrate Palm Desert’s architectural heritage
• Explore working with Modernism Week & the City to
sponsor/join/coordinate Modernism Week event(s) in
Palm Desert
• Explore hosting events and/or lectures with key partners
Building we’ve had in the past partnerships
will allow us to be more productive, successful
and reach more people.
4 Miscellaneous Consider posting preservation & restoration resources on
a website (HSPD, Engage PD, PD Heritage)
• Consider posting “case study” articles on a website, find
people who have restored/rehabbed PD properties and
interview them
• Consider posting house/building histories on a website
• Consider creating PD version of Preservation Bingo and
post on a website
• Consider writing & publishing a “How to Do a House
History” article to get people interested in the history of
their property.
Most of these items may/can be done with HSPD
and/or Thomas Soule or be done next year.
5 Onboarding
program for
committee
members
Consider creating a framework (handbook) for institutional
knowledge to be saved and passed on to new board
members
Having an onboarding process would allow members
to get educated faster & be more productive.
Item 2C-10
Chair McCune (Continued)
5/5/2023 AGENDA ITEM 4A 8
6 Explore New
Partnerships
Review potential new partnerships and evaluate which ones should be
considered, possibly including but not limited to:
• Palm Desert institutions that already put on events (HSPD
takes its firetruck & a display table to events) -such as
Golf Cart Parade, Art Walks, Concerts, Car Night and
such.
• Senior Centers/Schools/Parks to host “heritage” events.
• Brainstorm on civic & neighborhood identity projects that
could benefit everyone. Identify & cultivate potential
partners: City of PD, Chamber of Commerce, Business
Associations, “historic” developments, schools, country
clubs
• Consider partnering with Palm Springs’ Preservation
Matters to promote Palm Desert’s architectural heritage.
• Research PR sources to promote Palm Desert’s unique
identity. For example, working with Steve Somali of NBC’s
“Our Desert Past” to promote stories about Palm Desert.
Building new partnership
will allow unto be more
productive and reach
more people. Maybe
consider doing next
year, once our already
existing partnerships are
more solidified?
7 Request for
Survey
Submit a Request for Survey & Context to the city.Request drafted, researching funding.
Waiting for CLG? Next year?
Item 2C-11
Chair McCune (Continued)
5/5/2023 AGENDA ITEM 4A 9
6 Explore New
Partnerships
Review potential new partnerships and evaluate which ones should be
considered, possibly including but not limited to:
• Palm Desert institutions that already put on events (HSPD
takes its firetruck & a display table to events) -such as
Golf Cart Parade, Art Walks, Concerts, Car Night and
such.
• Senior Centers/Schools/Parks to host “heritage” events.
• Brainstorm on civic & neighborhood identity projects that
could benefit everyone. Identify & cultivate potential
partners: City of PD, Chamber of Commerce, Business
Associations, “historic” developments, schools, country
clubs
• Consider partnering with Palm Springs’ Preservation
Matters to promote Palm Desert’s architectural heritage.
• Research PR sources to promote Palm Desert’s unique
identity. For example, working with Steve Somali of NBC’s
“Our Desert Past” to promote stories about Palm Desert.
Building new partnership
will allow unto be more
productive and reach
more people. Maybe
consider doing next
year, once our already
existing partnerships are
more solidified?
7 Request for
Survey
Submit a Request for Survey & Context to the city.Request drafted, researching funding.
Waiting for CLG? Next year?
Item 2C-12
Committee Member Mortensen
5/5/2023 AGENDA ITEM 4A 10
Ranking Priority Description Justification of Priority
1 Update list of historical sites and
places on our website
Have names,
addresses, and
description of these
sites
Make so people can download this information and see these places
2 Create walking/driving tours of
historic places
City could sponsor
these events every
three months or more
This would be important during Modernism Week
3 Modernism Week Work with Palm
Springs and the
Coachella historical
committee
People from all over the world come to Modernism Week.Palm
Desert should be a part of this
4 Brainstorm on civic and
Neighborhood identity projects such
as Marrakesh country club
Find places and sites
that would qualify
Seek out priorities before they are gone
Item 2C-13
Committee Member Toltzmann
5/5/2023 AGENDA ITEM 4A 11
Ranking Priority Description Justification of Priority
1 Pay to have a professional historical
resource survey done.
A professionally done survey is crucial in moving
forward for the city’s preservation efforts.
Having this done would give us a base mark and eliminate
questions.
2 Consider publishing a “how to do a house
history tour.
Something easy to follow with examples, unlike what
I had to work with on my property.
N/A
3 Sponsor modernism week events HSPD is doing some walking tours thru Modernism,
more could happen.
This builds our city’s visibility in the modernism world.
4 More mills act applications per year.With all the district designations these past years,7
applications is not nearly enough.
N/A
5 Create walking and driving tours of PD
neighborhood’s
HSPD has some of these already which could be a
base to work from.
I led a walking tour of PD this year thru HSPD and our
walkers are form all over the world and tour sold out in 2
days. There is a need.
6 Consider doing a postcard campaign to let
people know where they live and work is
historic/significant
This could tie in with 50th anniversary.Yard signs?N/A
7 Create a user-friendly building resource
guide for people considering rehabbing
their property
Online and a brochure N/A
8 Update the information on the main city of
palm desert website:
Have a cultural recourse page for Cultural resource
preservation committee.
N/A
9 Preservation of native plants on city
property
Example:Allowing smoke trees to germinate and
thrive,instead of allowing PD contract gardeners to
destroy them.Currently I have 60+saved.
I was working on this with Sabby Jonathan’s help for the
past 5 years. With him gone its me against the city.
10 Consider making a very user-friendly
Landmarking Your Home Tutorial.
N/A N/A
Item 2C-14
Rankings
5/5/2023 AGENDA ITEM 4A 12
Committee
Votes
Priority Cost /Time /Next Steps
6 Partner with the City of Palm Desert, or local Historical Society
for 50th Anniversary events, City events, and Modernism Week.
Cost: Current budget allocation –City Sponsorship for Modernism week,
additional cost for other measures
Time: Variable depending on event
Part of Budget.
6 Update and maintain inventory of current historical landmarks
and make them available on the City’s website.
Cost: Existing Resources
Time: Use of staff time to assemble approvals for each existing Landmark
and prepare maps/list.
4 Establish a historic resources survey Cost:
Time: 3 to 4 months
Prepare RFQ, review proposals, council award
3 Recommend the City prepare a Citywide historic context
statement.
Cost:
Time: 3 to 4 months
Prepare RFQ, review proposals, council award
3 Continue to review Mills Act Contracts and consider requesting
the Council modify or remove the application limits established
by Resolution No. 2011-1.
Cost: Staff time
Time: 2 months to prepare revised resolution and put in place
Council direction to staff to prepare updated resolution.
Item 2C-15
Work Plan
5/5/2023 AGENDA ITEM 4A 13
Priority
50th Anniversary events, City events, and Modernism Week to include:
•Explore creation of yard signs or similar device for residential properties 50 years or older.
•Assign a subcommittee to work with public affairs regarding modernism week.
Update and maintain inventory of current historical landmarks and make them available on the City’s website.
•Convert the existing driving tour document to a searchable document and reformat it.
•Provide a brochure on the website with links to informational resources on how to research a historic structure.
Establish a historic resources survey and a Citywide historic context statement.
Seek certified local government (CLG) designation
Continue to review Mills Act Contracts and consider requesting the Council modify or remove the application limits establishe d by
Resolution No. 2011-1.
Item 2C-16
Discussion
5/5/2023 AGENDA ITEM 4A 14Item 2C-17
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Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: AMEND ORDINANCE NO. 1389, REVISING SECTIONS OF CHAPTER 11
(PARKS) OF THE PALM DESERT MUNICIPAL CODE AND ADOPTING A
NEW ADMINISTRATIVE POLICY AND REVISIONS TO THE PORTOLA
COMMUNITY CENTER FACILITY USE DOCUMENTS CONSISTENT
WITH THE ORDINANCE REVISIONS
RECOMMENDATION:
1. Amend Ordinance No. 1389 revising the following sections of Chapter 11 of the Palm Desert
Municipal Code (Parks):
a. 11.01.010 Definitions
b. 11.01.060 Permits for group gatherings
c. 11.04.020 Park use without formal park use permit, and
d. 11.04.090 Persons to be notified
2. Adopt a new Administrative Policy for the use of City-owned facilities.
3. Adopt changes to the Portola Community Center Application for Use of Facility and Facility
Use Agreement to be consistent with these changes.
BACKGROUND/ANALYSIS:
Parks Ordinance Revision:
The City of Palm Desert has an established Municipal Code which sets rules and regulations for
certain activities within the City. Ordinance No. 1389 (Title 11 of the Municipal Code) provides
general provisions for park use, park reservations, and park use permits. These codes serve to
regulate park use and limit the number of people in organized gatherings. Waivers of certain
sections of the Municipal Code must be approved by the City Council, including fee waivers and
park use waivers (amplified sound, vendors, alcoholic beverages, etc.).
Due to consistent requests for fee waivers for park use permits and reports of groups exceeding
the allowable gathering size, staff requested direction from the City Council on April 28, 2022.
The City Council provided feedback and direction on amendments to Title 11 and directed staff
to develop an administrative policy to outline the permitting process for park use permits and
authorize the City Manager to waive certain park fees and use restrictions.
Staff and City contract partners met regarding the use of parks and other City-owned facilities to
assess needed updates to Title 11 and to draft an Administrative Policy for Use of City-owned
Facilities. Updates to the Ordinance were made based on experience and input from staff and
Desert Recreation District (DRD) (Attachment 1 and 2). An Administrative Policy was drafted to
consolidate existing policies and clarify procedures (Attachment 3). In addition, the Portola
Community Center Application for Use of Facility and Facility Use Agreement was reviewed and
updated to be consistent with the new Administrative Policy (Attachments 4, 5, 6, and 7).
Item 2D-1
City of Palm Desert
Adopt Parks Ordinance Revision and Administrative Policy
Page 2 of 3
Special consideration was given to the Ordinance amendments addressing group gatherings.
Definitions for “Large Park” (20 acres or larger) and “Small Park” (less than 20 acres) were added
to categorize these spaces and determine their capacities. The amendments direct park users
to host group gatherings at Large Parks and limit gatherings of over 30 people at Small Parks.
In addition, park use permits would only be required for group gatherings of 50 or more people
at Large Parks. Through these revisions, the community will enjoy the benefit of holding a group
gathering of up to 49 people in a Large Park without the need for a permit, while Small Parks
are kept to gatherings under 30, consistent with their smaller capacities.
The City Attorney was contacted regarding any First Amendment considerations on this matter
and advised that spontaneous gatherings of any size on City property must not be disallowed
per the First Amendment.
Administrative Policy:
The Administrative Policy for the use of City-owned facilities lists the reservable spaces in the
City, outlines the process for making a reservation, and grants the City Manager authority to
approve requests for waiver of fees or park use restrictions. It also designates an appeals
process for these decisions and updates the reservation fees based on the type of use.
Portola Community Center:
Staff updated the Application and Facility Use Agreement forms that are currently utilized by the
Portola Community Center to reserve space at the facility. The revisions mostly consist of
administrative updates. Substantive updates include the implementation of fees based on the
number of people in the group, concluding public meetings one half hour earlier to allow staff
time to shut down the facility, and requiring 30-day advance notice of requests for permission to
serve alcoholic beverages. The Agreement also references the new Administrative Policy.
Commission Recommendation:
The Parks and Recreation Committee, at its regular meeting on May 2, 2023, voted unanimously
to adopt the proposed changes to Title 11, the new Administrative Policy for the use of City-
owned facilities, and revisions to the Portola Community Center Application for Use of Facility
and Facility Use Agreement.
FINANCIAL IMPACT:
The cost to administer the additional reservable areas was calculated using the current rates as
set in Contract No. C32410 “Exhibit B” and totals an annual increase of $34,761 (Attachment 8).
As the increase of the cleaning deposit is incorporated, the City expects to see a decrease in
expenses from damage resulting from park use permitting. Small and disadvantaged
organizations with a low intensity of use will be considered for a decreased cleaning deposit
amount. The City also expects to receive increased revenues from amphitheater and pavilion
reservation fees, and by allowing reservations at Large Parks including Freedom and Hovley
where reservations were not taken previously. These revenues are anticipated to help offset the
additional cost to manage the additional park services.
Staff will also adjust other expense accounts as needed to help offset any expense increase as
Item 2D-2
City of Palm Desert
Adopt Parks Ordinance Revision and Administrative Policy
Page 3 of 3
a result of this change; therefore, there shall be no further financial impact to the general fund.
REVIEWED BY:
Department Director: Martin Alvarez
City Attorney: Isra Shah
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Parks Ordinance (Redline Version)
2. Parks Ordinance (Clean Version)
3. Administrative Policy
4. Portola Community Center Application (Redline Version)
5. Portola Community Center Application (Clean Version)
6. Portola Community Center Facility Use Agreement (Redline Version)
7. Portola Community Center Facility Use Agreement (Clean Version)
8. Desert Recreation District cost estimate
Item 2D-3
Chapter 11.01 GENERAL PROVISIONS
11.01.010 Definitions.
For the purpose of this title, the words and phrases set out in this section shall apply:
“Alcoholic beverage” means beer, wine, whiskey, bourbon, any distillant of wine or any
beverage, brew or distilled liquid containing any portion of alcohol as one of its contents.
“Amplified sound” means music, sound wave, vibration or speech projected or transmitted by
electronic equipment, including amplifiers.
“Camping” means the pitching of tents, use of sleeping bags, cots, beds or other paraphernalia
usually associated with living in the out-of-doors. This includes the use of motor homes,
recreation vehicles or camper trailers in parking lots.
“Chief of police” is the chief of police of the city.
“City” is the city of Palm Desert.
“City manager” is the city manager of the city, or designee.
“Small Park” means a park that is up to 20 acres in total size. Permits are not issued for Small
Parks. Up to 30 people may gather in Small Parks. Group gatherings of 30 people or more are
prohibited at Small Parks, and visitors are directed to use Large Parks.
“Director” means the director of public works, or any other person authorized by him/her,
pursuant to law, to act in his or her stead.
“Fire chief” is the chief of the fire department of the city.
“Group gathering” means any music festival, art festival, public dance, political rally, organized
meetings, with or without speakers or entertainment or food, or similar gatherings at which
music, entertainment or speeches are provided for professional or amateurs or by prerecorded
or other means, to which members of the public are invited or admitted for a charge or free of
charge, or which is attended by thirty fifty or more persons. Parades and outdoor athletic
contests which are otherwise permitted or approved by the city council, or the city manager, or
director of public works, or chief of police, are not included within this definition.
“Overnight sleeping” means sleeping during the hours between sunset and sunrise.
“Park” means any park, playground, athletic facilities, recreation area or centers, or any other
area or structure maintained and operated by the city itself or in conjunction with any other
governmental or private entity.
Formatted: Highlight
Item 2D-4
“Permit” or “reservation” means written authorization for exclusive, or semi-exclusive use of
parks or buildings or portions thereof, as provided for and defined in this chapter.
“Person” is any person, firm, partnership, association, group, corporation, company or
organization of any kind.
“Large Park” means a park that is 20 acres or larger in size. Up to 50 people may gather in
Large Parks without obtaining a permit. Group gatherings of 50 people or more are required to
obtain a permit.
“Special event” means any group gathering as defined in this section desiring to reserve more
than one park amenity or charging for admission or publicly advertised or having more than one
hundred fifty participants.
“Under immediate voice control” means the dog or dogs is within fifty feet of the owner and the
dog or dogs immediately obeys voice commands or signals.
“Vehicle” means any device by which any person or property may be propelled, moved or
drawn, excepting a device moved by human power. (Ord. 1355 § 10, 2020; Ord. 1064 § 1,
2004; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.020 Hours of use.
There shall be a park curfew from eleven p.m. to dawn on the use of a public park except as
provided in other sections of this chapter. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.030 Authority to close park.
A. In an emergency or when the city manager, chief of police or the director of public
works, emergency services manager (or an appropriately designated representative of any such
official) shall determine that the public, safety, or public health, or public morals, or public
interest demands such action, any park, square, avenue, grounds or recreation center or any
park or portion thereof, may be closed against the public and all persons may be excluded
therefrom until such emergency or other reason upon which determination of the city manager,
chief of police or the director of public works is based has ceased, and upon the cessation
thereof the park, square, avenue, grounds or recreation center or part or portion thereof so
closed shall again be reopened to the public by order of proper authority.
B. No person having knowledge of or having been advised of any closure order issued
pursuant to subsection A of this section, shall refuse or fail immediately to remove him or herself
from the area or place so closed, and no such person shall enter or remain within any such area
or place known by him or her to be so closed, until such area or place has been reopened to the
public by order of the proper authority. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.040 Application of chapter.
A. The provisions of this chapter shall apply to and be in full force and effect at all park and
recreation areas which are now or which may hereafter be under the jurisdiction and control of
Item 2D-5
the city, including all grounds, roadways, avenues, parks, buildings, when they are in use as
recreational facilities, and areas, under the control, management or direction of the director of
public works of the city. The provisions of this chapter shall govern the use of all such parks and
recreation areas and the observance of such provisions shall be a condition under which the
public may use such parks and further be applicable outside such parks and recreation areas
where the context indicates an intention that they so applied.
B. The provisions of this chapter shall not apply to any public officer, employee or peace
officer who is acting in the course of and within the scope of the public business, nor to any
other person conducting public business or related activities for, on behalf of, and pursuant to
lawful authority of, an appropriate public entity. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.050 Enforcement powers of peace officers and city personnel.
A. Power and authority is given to the city manager, the director of public works, or
designees, and to any of the department of public works attendants employed in such parks or
recreation areas, in their discretion, to eject and expel from such parks or recreation areas or
building thereon, any person who shall violate any of the provisions of this chapter or any other
law, or ordinance adopted for the regulation and government of such parks or recreation areas,
or of public places in general. In addition to his or her ordinary powers of arrest or citation, any
peace officer enforcing any such law or regulation shall be authorized, in lieu of arresting or
citing any violator, in his or her discretion to so eject and expel such violator.
B. No person being ejected or expelled pursuant to the authority of subsection A of this
section shall refuse to leave as ordered, nor shall any person who has been so ejected or
expelled, return, during the calendar day in which he or she was ejected, to the same park,
recreation area or building, unless specifically permitted to do so by the person who ejected
him, her or by the city manager or the director of public works. (Ord. 751 § 1, 1994; Ord. 750 §
1, 1994)
11.01.060 Permits for group gatherings.
No person shall hold, conduct, participate in, attend or address any meeting, organized
gathering or assemblage, group picnic celebration, parade, service or exercise, of thirty or more
persons, in any Small parkPark. The above listed activities may be conducted in Large Parks,
however group gatherings of fifty people or more shall be required to obtain or recreation area
without a written permit granted by the director as provided herein. Competitive recreation
events on or off trails in the Santa Rosa Mountains, including the use of developed trailheads in
association with a competitive event, are prohibited.
The application process for a park use permit for group gatherings is described in detail in
Section 11.04.030. (Ord. 1214 § 1, 2010; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.070 Rules and regulations; promulgation by city manager.
A. The city manager shall have power and authority to promulgate rules and regulations
governing the use and enjoyment by the public and by individual members of the public, or any
park, recreation area, recreation or community center, or any portion thereof, or governing the
use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, or
governing any portion of the foregoing. A copy of such rules and regulations or a synopsis
Item 2D-6
thereof shall be posted in some conspicuous place at or near the premises where such rules
and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near
said premises in order to give public notice of said rules and regulations.
B. No person having knowledge of or having been advised of any such rule or regulation
promulgated pursuant to subsection A of this section shall disobey, violate or fail to comply with
any such rule or regulation.
C. No person shall disobey, violate or fail to comply with any instruction, sign or notice
posted in any park recreation area, or community or recreation center, or in any building or
structure thereon, for the control, management, or direction of such premises, when said
instruction, sign or notice has been posted in implementation of any rule or regulation
promulgated pursuant to subsection A of this section. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.080 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city, no person shall:
A. Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile,
except at a place especially designated and provided for such purpose. Bicycles are prohibited
year-round from traveling cross-country in the Santa Rosa Mountains; travel by such
conveyance is restricted to authorized trails;
B. Carry or discharge any firearm, air gun, slingshot or other device designed or intended
to discharge, or capable of discharging any dangerous missile, provided that this subsection
shall not apply to any peace officer or other person lawfully licensed to carry a concealed
weapon or who regularly carries a weapon in connection with private employment protecting
property or persons (e.g., private patrol services and bodyguards);
C. Carry or discharge any firecracker, rocket, torpedo or any other fireworks, provided that
this subsection shall not be deemed to prohibit the possession or use of safe and sane fireworks
not otherwise prohibited by law, at places designated or provided for such purpose;
D. Cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen,
monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or
remove any shrub, bush, plant or flower; or mark or write upon, paint or deface in any manner,
any building, monument, fence, bench or other structure;
E. Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer;
F. Swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream, except
at a place especially designated and provided for such purpose;
G. Make or kindle a fire except in an appropriate device provided or approved for that
purpose by the public authorities;
H. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a
structure permanently affixed to the ground, except at a place especially designated and
provided for such purpose (including, if overnight camping is involved, the place shall have been
cleared for such use by the chief of police);
I. Wash dishes or empty salt water or other waste liquids elsewhere than in facilities
provided for such purpose;
J. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles
provided therefor;
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K. Play or bet at or against any game which is played, conducted, dealt or carried on with
cards, dice or other device, for money, chips, shells, credit or any other representative of value,
or maintain or exhibit any gambling table or other instrument of gambling or gaming;
L. Indulge in riotous, offensive, threatening or indecent conduct, or abusive, threatening,
profane or indecent language;
M. Disturb in any unreasonable manner any picnic, meeting, service, concert, exercise or
exhibition;
N. Distribute any commercial handbill without a prior permit to do so from the department
of code enforcement or city manager, which permit shall be issued only after due processing of
an application and then only if the city manager determines that it would be affirmatively in the
public interest to allow upon public property the commercial activity involved;
O. Post, place, erect, or leave posted, placed or erected, any commercial or
noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of any kind,
in or upon any building, structure, pole, wire or other architectural or natural feature of whatever
character, except upon a bulletin board or such place especially designated and provided for
such purposes, unless prior approval to do so has been obtained from the city manager, which
approval shall be given only if the city manager determines that it would be affirmatively in the
public interest to allow the use of public property for such purposes, or that constitutional
principles require that the same be allowed;
P. Place barricades, ropes, tape or other restricting device for the purpose of limiting the
use of any park amenity from persons or groups unless prior approval to do has been obtained
from the director or city manager. Which approval shall be given only to city personnel or city
designee to install or inspect installation;
Q. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on,
conduct or solicit for, any trade, occupation, business or profession, unless such activity has
been expressly allowed pursuant to specific provisions to such effect contained in either: a
concession agreement or franchise or the like duly entered into or granted by the city council;
R. Remain, stay or loiter therein between the hours of eleven p.m. and dawn of the
following day, except while attending a gathering or meeting for which a permit has been issued
or which is being sponsored or conducted by the city department of community services. This
subsection shall not apply to persons lawfully lodging, camping or otherwise remaining
overnight at a place especially designated and provided for such purposes (including, if
overnight camping is involved, the place shall have been cleared for such use by the chief of
police);
S. Use any restroom, washroom or dressing facility designated for the opposite sex, except
that this subsection shall not apply to children six years of age or younger who are accompanied
by an adult or other older person;
T. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or
water except at such place as is especially designated and provided for use of such boat, craft
or device;
U. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or
destroy, remove or disturb any of the young or eggs of same, or injure or maltreat any domestic
or other animal;
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V. Fish with hook and line, seine, trap, spear or net, or by any other means, in any pond,
lake, stream or water, except at a place especially designated and provided for such purpose;
W. No person shall bring into, consume or have in their possession in any park an alcoholic
beverage as defined in Section 11.01.010, except as provided by Section 9.58.040 of this code;
X. No person shall urinate or evacuate their bowels within any public area except in a
public restroom;
Y. Cross-country travel is prohibited in the Santa Rosa Mountains from January 1st
through September 30th, and allowed from October 1st through December 31st. Cross-country
travel is defined as travel off authorized trails. During the period when cross-country travel is
prohibited, individuals may venture no more than fifty feet from centerline of trails on either side
for purposes of resting, nature study, or other similar activities; this use does not constitute
cross-country travel. Holders of permits issued for research and extended study are exempt
from the cross-country prohibition;
Z. No person shall feed or cause to be fed or leave food for consumption by any wild or
domestic birds and/or fowl. (Ord. 1379 §§ 3, 4, 2022; Ord. 1317 § 14, 2017; Ord. 1254 § 1,
2013; Ord. 1214 § 1, 2010; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.090 Use of pedestrian and bicycle or golf cart ways.
A. No person shall drive or operate any motorized vehicle, motorcycle, motor driven cycle
on any area which has been designated, set aside or is used, as a pedestrian walkway, trail,
path, lane or way, or as a bicycle or golf cart trail, path, lane or way without written approval of
the city manager, director of public works or maintenance supervisor. This subsection does not
apply to electric golf carts unless otherwise posted.
B. The public entity having ownership or control over any such trail, path, lane, way or
walkway may cause the same to be posted with an appropriate sign or signs expressly allowing
the use of vehicles or devices otherwise prohibited under the provisions of subsection A of this
section shall be inapplicable.
C. The provisions of subsection A of this section shall not apply to any electrically-driven
wheelchair, carrying a physically limited or otherwise physically incapacitated person.
D. The public entity having ownership or control over any trail, path, lane, way or walkway
mentioned in subsection A of this section, may, by the posting of any appropriate sign or signs,
further restrict the use of such trail, path, lane, way or walkway by persons riding bicycles or
other nonmotorized vehicles or devices, and when any such sign is posted, no person shall
disobey any prohibition, restriction, direction or other regulation expressed thereon. (Ord. 751 §
1, 1994; Ord. 750 § 1, 1994)
11.01.100 Obstructing pathways.
No persons shall assemble, collect or gather together in any walk, driveway, passageway or
pathway in any park or in other places set apart for the travel of persons or vehicles in or
through any park or recreation area, or occupy the same so that the free passage or use thereof
by persons or vehicles passing along the same shall be obstructed in any unreasonable
manner. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.110 Children visiting parks with lakes.
Item 2D-9
No parent, guardian, or any person having the custody of any child under the age of eight
years, shall cause, permit or allow such child to enter or visit any public park or
recreation area having a lake within the boundaries of such park or recreation area unless such
child is accompanied by a person of not less than sixteen years of age. (Ord. 751 § 1, 1994;
Ord. 750 § 1, 1994)
11.01.120 Duty to care for animals.
A. Dogs or cats must be led by a cord or chain not more than six feet long or properly
confined within the interior of a vehicle, except:
1. When dogs which have been specially trained and are being used by blind or disabled
persons to aid and guide them in their movements;
2. When dogs are within the boundaries of any city dog park and not posing a threat to
other animals, persons or property;
3. In connection with activities authorized in writing by the director, including fowl or other
animals turned loose at the direction of the director;
4. Homme-Adams Park is designated as an “under immediate voice control” facility.
Leashes are required on the Homestead Trail and Gabby Hayes Trail which emanate from
Homme-Adams Park and Cahuilla Hills Park, respectively;
5. Dogs are prohibited on all trails and areas in the Santa Rosa Mountains except the
Homestead Trail, Gabby Hayes Trail, and segment of the Hopalong Cassidy Trail connecting
these two trails. This prohibition does not apply to service animals accompanying persons with a
disability.
B. It is the mandatory duty of all persons owning, possessing, in control of, or otherwise
responsible for a dog, cat or an equine animal in a city park or other recreation area of the city
to promptly collect, pick up and remove all fecal matter left behind by said animal in or upon the
park or other recreation area of the city; but this section shall not apply to guide dogs for blind or
disabled persons.
C. While dogs are within the boundaries of city dog parks:
1. Dogs must never be left unattended.
2. Unruly dogs are not allowed and are subject to ejection per Section 11.01.050(A) of
Palm Desert Municipal Code.
3. Owners must stop their dogs from digging. Any holes created must be filled by the
owners.
4. All dogs must have current vaccinations and current dog license. (Ord. 1230 § 1, 2012;
Ord. 1214 § 1, 2010; Ord. 1064 § 1, 2004; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.130 Amplified sound—Purpose of regulations.
The city has enacted those sections of this chapter regulating amplified sound for the sole
purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry.
The use of electrical equipment of any kind in a city park poses physical risks of harm for which
the city may have liability unless such use is reasonably regulated. Additionally, the right of
persons to speak is properly limited with regard to time, place and manner by balancing the
correlative constitutional rights of the citizens of this community to privacy and freedom from the
Item 2D-10
public nuisance of excessively loud and unnecessary sound. (Ord. 751 § 1, 1994; Ord. 750 § 1,
1994)
11.01.140 Amplified sound—Permit required.
It is unlawful for any person to install, use and operate within a park a loudspeaker or any
sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses
or lectures, or of transmitting music to any persons or assemblages of persons in a park or in
the vicinity thereof, except when installed, used or operated in compliance with one of the
following provisions:
A. By authorized city personnel or a contractor of the city retained for this purpose; or
B. Under a reservation or park use permit issued by the director, and when operated in
accordance with terms of that reservation or permit. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.150 Amplified sound—Grant or denial of park use permit.
A. In determining whether to grant or deny a park use permit pursuant to Chapter 11.04,
the director shall be guided by the following considerations:
1. The extent to which sound may carry into private or residential areas of the city;
2. Any actual conflict with other scheduled park uses or events;
3. The necessity for careful and safe provision of electricity and the safety of individuals
near such electrical sources.
B. If the director denies the park use permit based on applicant’s desire to have amplified
sound, the applicant may appeal the director’s decision to the city council as described in
Chapter 11.04 of this code.
C. The director shall not deny a permit on the basis of any dislike for or disagreement with
the content of any proposed talks, addresses, lectures or musical presentations. (Ord. 751 § 1,
1994; Ord. 750 § 1, 1994)
11.01.160 Amplified sound—Power source designated.
Amplifiers permitted in parks shall be operated only through a power source provided by the
city. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.170 Amplified sound—Regulation of volume.
A. If, at any time, the director, chief of police or director of code compliance determines that
the sound produced by an amplified sound system in a park is in violation of acceptable noise
levels, a city employee or officer shall request the person in charge of the assembly, or any
other person appearing to be involved in the production of the sound, to immediately reduce the
level thereof. If the sound is not reduced within five minutes from the first notice to the
acceptable level as determined by the authorized representative, the employee or officer shall
immediately cause the city power source to be terminated.
B. The maximum sound level in the park shall be set at a seventy decibel average for any
fifteen minute period. Sound levels shall be measured at specified points as determined by the
city engineer to protect the health, safety and welfare of park users and adjacent residents.
(Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
Item 2D-11
11.01.180 Additional alternate power sources—Approval, inspection and fees.
Any additional or alternate power source for lighting or other purposes which may be
required must be approved for such use by the department of public works or by the city
building and safety director. The building and safety department, or their designee, must inspect
all connections, wiring and components of sound, lighting and/or wiring systems prior to
rehearsal and/or performance, and each may impose a fee for such inspections. (Ord. 751 § 1,
1994; Ord. 750 § 1, 1994)
11.01.190 Amphitheater—General.
A. The reservation, use and operation of the city amphitheater shall be the responsibility of
the director. A description of the facility may be obtained from the director.
B. Persons or groups using the facility must provide all audio and lighting equipment, patch
and electrical cords and personnel required for set up/tear down, clean-up, event management,
security, dressing facilities, backdrops and props. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.200 Amphitheater—Reservation.
A. Amphitheater hours are Monday through Sunday between nine a.m. to ten-thirty p.m.
exclusive of setup or sound checks, tear down and warm up time.
B. The facility is designed as public area and does not lend itself to restricted access
events. A specific plan must be developed identifying separated areas and type of admission or
donation collection.
C. The city shall not be held liable or responsible if the facilities are deemed unusable for a
scheduled event for any reason. (Ord. 987 § 1, 2001; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.210 Amphitheater—Reservation, permit application
A. An application form to reserve the amphitheater may be obtained from the director. The
procedure to reserve the amphitheater is set by Section 11.04.030, except the following
information shall be provided on the amphitheater permit:
1. Any admission or donation collection and use of funds;
2. Age group performance is directed to;
3. Anticipated size of audience;
4. Proposed sound and lighting equipment;
5. Proposed event management;
6. Time schedule for set-up, sound checks, performance and tear-down;
7. Proposed crowd control and security measures;
8. Parking requirements.
B. The applicant is solely responsible for consequences resulting from promotion,
advertising, ticket sales, and other costs and responsibilities associated with the holding of the
event.
C. The city manager shall be responsible for final approval of all applications.
1. No application for the use of the amphitheater shall be transferable without the written
consent of the city manager.
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D. The application may be approved, rejected or approved with conditions. Should the
application be rejected, applicant shall be notified by letter. The letter will state why the
application is being denied.
E. The applicant may appeal the decision pursuant to Section 11.04.080 of this code. (Ord.
751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.220 Amphitheater—Permit fee and insurance.
A. The director shall keep a list of current fees and charges associated with the reservation
of the amphitheater for dissemination to the public. In addition to the permit fee, the user shall
agree to:
1. Bear the cost of all police and security;
2. Make a security deposit to cover costs to oversee the event, city staff time and facility
preparation;
3. Reimburse the city for any additional costs incurred for unusual clean-up, facility repair
and additional services.
B. 1. Any person or group holding an event at the amphitheater shall provide evidence of
current insurance, with the city named as an additional insured, insuring the city from any and
all liability for injury to persons or property resulting from the activity; or
2. Obtain insurance through the city, based on city insurance schedule and rates at user’s
cost. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.01.230 Violation—Penalty.
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter. Any person violating any provision of this chapter or failing to
comply with any of the requirements is deemed guilty of a misdemeanor in accordance with
Chapter 1.12 of this code. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
Chapter 11.04 PARK RESERVATIONS AND PARK USE PERMIT
11.04.010 Reservation—Responsibility.
The director or his designee shall be responsible for scheduling and controlling the use of
parks, or portions thereof, for the maximum benefit and participation by interested persons or
groups, both public and private. All reservable areas in the city parks shall be subject to
reservation according to the rules and regulations of the city or the city’s recreation provider.
Activities sponsored by the city or its recreation provider shall be given preference in the use of
city parks. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.04.020 Park use without formal park use permit.
A. General Park Use. Use of the park amenities, including athletic courts and fields, picnic
areas and tables, playgrounds, sitting areas, pathways and other recreation and open space
areas are on a first-come, first-served basis unless otherwise specified by the city. Some park
areas are for general public use and are not reservable.
B. Groups of less than thirty fifty persons desiring the use of Large park Park areas or
structures, deemed by the director as reservable, may request the director to reserve
Item 2D-13
designated Large park Park areas for such use. If the group of less than thirty fifty desires to
reserve a specific Large Park park area, the group must make application for a formal park use
permit. If the group of less than thirty fifty desires to have an activity in the park, the group may
utilize the park areas on a first-come, first-served basis as long as the park area is not reserved
and the proposed activity meets all other city requirements for park use and the use is
reasonable in relation to the use of the park by other persons or as to the effect of such use
upon the peace of the neighborhood. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.04.030 Reservation—Formal park use permit.
Any person desiring to hold, conduct or manage a group gathering as defined in
Section 11.01.010 shall, not less than thirty nor more than one hundred twenty days before the
date on which it is proposed to conduct or hold such group gathering, file with the director, or
their designee, a verified application on a form furnished by the city, setting forth the following
information:
A. The name of the person or organization wishing to conduct or hold such group
gathering;
B. If the outdoor gathering is proposed to be conducted or held for, or on behalf of, or by
any organization, the name, address and telephone number of the headquarters of organization
and the authorized responsible head of such organization;
C. The name, address and telephone number of the person who will be the chairman or
who will be responsible for conducting or holding of the group gathering;
D. The name, address and telephone number of the person or organization to whom the
permit is desired to be issued;
E. The date when such group gathering is to be conducted or held;
F. The place at which the group gathering is desired to be held;
G. The approximate number of persons who will attend such group gatherings;
H. The time the group gathering is to commence and the time it will terminate;
I. All of the specific park areas or amenities or portions of a given public park area such
group gathering will occupy, use or reserve;
J. Any specific needs or amenities such as water, electricity or any other service;
K. Whether the group will apply for the use of amplified sound. (Ord. 751 § 1, 1994; Ord.
750 § 1, 1994)
11.04.040 Reservation fee and cleaning deposit.
A. The applicant shall submit a refundable cleaning deposit. The amount of the deposit
shall be determined by the director, based upon the number of persons expected to attend the
group gathering. The deposit shall be used exclusively for cleaning of the facility after the
conclusion of the group gathering. Any portion of the deposit not used for such cleaning shall be
automatically refunded within fifteen days after the event.
B. The applicant shall submit a nonrefundable administration fee at the time of park use
permit application submittal. The amount of the fee shall be determined by the director, based
on the cost of administrating the reservation,, processing the application, and guaranteeing the
availability of the facility.
Item 2D-14
C. The applicant shall submit a reservation fee at the time of the park use application
submittal. The amount of reservation fee shall be determined by the director, based on the
actual cost of posting the permit, supervising the group gathering and inspecting the recreation
area after the conclusion of the group gathering. The director may establish a fee schedule
discounting the reservation fee for applicants residing within Palm Desert. The reservation fee
shall be refundable only when:
1. The director receives a written notice from the responsible person or chairman of the
group canceling the permit; and
2. The notice canceling the permit is received a minimum of one day (twenty-four hours)
prior to the permitted event; and
3. No city or public entity funds were expended for recreation improvements prior to the
written cancellation. If funds were expended by the permitted organization or group, the group is
entitled to the difference between the fee and the expenditures, if any.
D. The applicant shall submit to the director any and all special fees as described in this
code including but not limited to Section 11.01.180, additional alternate power sources —
Approval, inspection and fees. These fees shall be imposed by the director and are not
refundable.
E. The director shall keep a list of current park use fees and charges associated with the
reservation of the recreation and park amenities for dissemination to the public. The director
shall also keep a current procedure for payment of said fees along with the rules and
regulations of all park use. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.04.050 Issuance of permit for park use.
The director shall issue a permit as provided for by this chapter when, after investigation and
consideration of information contained in the application, or information from any other source,
he finds that:
A. The holding or conducting of such outdoor gathering will not substantially interrupt or
prevent the safe and orderly use of the public park by persons other than those attending the
group gathering;
B. The concentration of and conduct of persons attending such group gathering will not
unduly interfere with the proper police and fire protection of, or ambulance service to, the public
park or areas contiguous to the public park;
C. The holding or conducting of such group gathering not reasonably likely to cause injury
to person or property or to provoke disorderly conduct or create a disturbance;
D. The holding or conducting of such group gathering will not require the diversion of so
great a number of police officers to maintain proper order, so as to prevent normal police
protection to the city;
E. Such group gathering is not to be held for the sole purpose of advertising the goods,
wares, services or merchandise of an individual or specific groups of business establishments
or wholesale or retail vendors. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.04.060 Notice of rejection.
The director shall act upon the application for a group gathering permit within ten days after
the filing thereof. If the director disapproves the application, he shall mail to the applicant within
Item 2D-15
fifteen days after the date upon which the application has been filed a notice of his action,
stating the reasons for his denial of the permit. Such notice shall be in writing and mailed to the
address by the applicant on the application for permit. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.04.070 Late application.
The director shall have discretionary authority to consider any application for a permit for a
group gathering which is filed less than thirty days before the date such group gathering is
proposed to be held. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.04.080 Appeal.
Any person who has been denied a permit required by this chapter may appeal to the city
council by filing a written notice of the appeal within five days after the mailing by the director of
the notice of rejection or denial. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
11.04.090 Persons to be notified.
Immediately upon the granting of a permit for a group gatheringspecial event, the director
shall send a copy of the approved permit to the following:
A. City manager;
B. Coachella Valley recreation and park districtDesert Recreation District;
C. Fire chief;
D. Riverside County sheriff’s department
D. YMCA;
E. Planning Development Services director;
F. Economic Development director;Riverside County sheriff’s department;
G. City Risk Manager
H. Any public official whose authority or functions may be affected by the holding of a group
gathering or problems which may arise as a result of the group gathering. (Ord. 751 § 1,
1994; Ord. 750 § 1, 1994)
11.04.100 Violation—Penalty.
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter. Any person violating any provision of this chapter or failing to
comply with any of the requirements is deemed guilty of a misdemeanor in accordance with
Chapter 1.12 of this code. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994)
Formatted: Indent: Left: 0.19"
Item 2D-16
ORDINANCE NO. ______________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING CHAPTER 11 (PARKS) AS RELATED TO FACILITY
CLASSIFICATIONS AND ALLOWABLE USE
WHEREAS, the City Council approved Ordinance No. 1389 (Title 11 of the
Municipal Code) which provided general provisions for park use, park reservations and
park use permits; and
WHEREAS, on April 28, 2022, the City Council provided feedback and direction
on amendments to Title 11, and directed staff to develop an administrative policy to
implement these changes; and
WHEREAS, staff worked with the Parks and Recreation Committee to make the
requested updates to Title 11, develop a new Administrative Policy for the use of City
owned facilities, and update the Portola Community Center Application for Use of
Facility and Facility Use Agreement to be consistent with these changes; and
WHEREAS, the Parks and Recreation Committee, at its regular meeting on May
2, 2023, voted unanimously to adopt the proposed changes to Title 11.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals are true and
correct and, accordingly, are incorporated as a material part of this Ordinance.
Section 2. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) because this ordinance is merely clarifying existing law and making
minor changes to the City’s existing Municipal Code and pursuant to 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 these clarifications and minor
modifications to the City’s Municipal Code have no potential for resulting in physical
change to the environment, directly or indirectly.
Section 3. Amendment to Municipal Code. Title 11 (Parks) of the City of Palm
Desert, California, Municipal Code shall be amended and restated to read as follows:
“11.01.010 Definitions. The following definitions will be added:
“Small Park” means a park that is up to 20 acres in total size. Permits are not
issued for Small Parks. Up to 30 people may gather in Small Parks. Group
gatherings of 30 people or more are prohibited at Small Parks, and visitors are
directed to use Large Parks.
Item 2D-17
Parks Ordinance Update
Page 2 of 4
“Group gathering” means any music festival, art festival, public dance, political
rally, organized meetings, with or without speakers or entertainment or food, or
similar gatherings at which music, entertainment or speeches are provided for
professional or amateurs or by prerecorded or other means, to which members of
the public are invited or admitted for a charge or free of charge, or which is
attended by fifty or more persons. Parades and outdoor athletic contests which
are otherwise permitted or approved by the city council, or the city manager, or
director of public works, or chief of police, are not included within this definition.
“Large Park” means a park that is 20 acres or larger in size. Up to 50 people
may gather in Large Parks without obtaining a permit. Group gatherings of 50
people or more are required to obtain a permit.;”
“11.01.060 Permits for group gatherings
No person shall hold, conduct, participate in, attend or address any meeting,
organized gathering or assemblage, group picnic celebration, parade, service or
exercise, of thirty or more persons, in any Small Park. The above listed activities
may be conducted in Large Parks, however group gatherings of fifty people or
more shall be required to obtain a written permit granted by the director as
provided herein. Competitive recreation events on or off trails in the Santa Rosa
Mountains, including the use of developed trailheads in association with a
competitive event, are prohibited.
The application process for a park use permit for group gatherings is
described in detail in Section 11.04.030. (Ord. 1214 § 1, 2010; Ord. 751 § 1,
1994; Ord. 750 § 1, 1994);”
“11.04.020 Park use without formal park use permit
B. Groups of less than fifty persons desiring the use of Large Park areas or
structures, deemed by the director as reservable, may request the director to
reserve designated Large Park areas for such use. If the group of less than fifty
desires to reserve a specific Large Park area, the group must make application
for a formal park use permit. If the group of less than fifty desires to have an
activity in the park, the group may utilize the park areas on a first-come, first-
served basis as long as the park area is not reserved and the proposed activity
meets all other city requirements for park use and the use is reasonable in
relation to the use of the park by other persons or as to the effect of such use
upon the peace of the neighborhood. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994);”
“11.04.090 Persons to be notified
Immediately upon the granting of a permit for a special event, the director shall
send a copy of the approved permit to the following:
A. City manager;
Item 2D-18
Parks Ordinance Update
Page 3 of 4
B. Desert Recreation District;
C. Fire chief;
D. Riverside County sheriff’s department
E. Development Services director;
F. Economic Development director;
G. City Risk Manager;
H. Any public official whose authority or functions may be affected by the
holding of a group gathering or problems which may arise as a result of the
group gathering. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994).”
Section 4. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
Section 5. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be
in full force and effective thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this ______ day of ________, 2023, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
KATHLEEN KELLY, MAYOR
Item 2D-19
Parks Ordinance Update
Page 4 of 4
ATTEST:
_________________________________
ANTHONY J. MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Item 2D-20
RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING AN
ADMINISTRATIVE POLICY FOR USE OF CITY OWNED
FACILITIES
WHEREAS, the City of Palm Desert owns, operates, manages, and leases a
variety of indoor and outdoor spaces; and
WHEREAS, the City makes many of these spaces available for public use for a
variety of purposes such as youth sports leagues, birthday parties, and large community
events; and
WHEREAS, the City may contract with private organizations such as Desert
Recreation District and YMCA to manage and operate these spaces, including taking
reservations and collecting fees; and
WHEREAS, the uses of these spaces and the fees administered for their use are
guided by the Palm Desert Municipal Code, Policies & Procedures, and those policies
and fees of contracted private organizations; and
WHEREAS, the City finds a need to provide clarity on this matter by consolidating
provisions and guidance related to the use of City owned facilities through the
development and implementation of an administrative policy; and
WHEREAS, the City Council directed staff to develop such policy, including a fee
schedule and process for consideration of fee waivers, during a duly held City Council
meeting on May 12, 2022.
NOW THEREFORE, the City of Palm Desert, State of California, hereby finds and
resolves that it approves and adopts the Administrative Policy for use of City Owned
Facilities, as attached hereto as Exhibit “A”.
Item 2D-21
Resolution No. 2023-_______
PASSED, APPROVED, AND ADOPTED on this 8th day of June, 2023 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN KELLY, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Item 2D-22
Resolution No. 2023-_______
Page 1 of 13
Exhibit A
CITY OF PALM DESERT
ADMINISTRATIVE PROCEDURES
Subject ADMINISTRATIVE POLICY FOR USE OF CITY
OWNED FACILITIES
Policy No.
Date Issued: June 8, 2023
Approved by Resolution No. 2023- _____
Authored by Public Works Department
I. PURPOSE
The City of Palm Desert owns, operates, manages, and leases a variety of indoor
and outdoor space. The intended purpose of those spaces ranges from indoor
spaces that are dedicated solely for the conduct of City business to outdoor spaces
that promote a diversity of uses. Such spaces include the pavilions and playing fields
that can be reserved in advance at the Palm Desert Civic Center Park, Hovley Soccer
Park, and Freedom Park together with the Palm Desert Civic Center Park
amphitheater that can be rented for larger events. The Palm Desert Community
Center and Portola Community Center, both operated by the Desert Recreation
District, are additional facilities that can be rented, along with the Palm Desert
Aquatic Center, operated by the Family YMCA of the Desert.
The purpose of this policy is to support the:
• City regulations adopted as Chapter 11.04, Park Reservations and Park Use
Permit, as part of the Palm Desert Municipal Code;
• Existing agreements with the Desert Recreation District for annual park services
and the lease of the Palm Desert Community Center (Contract No. C32410, as
amended, and Contract No. C39690);
• Existing Facility Use Agreement for lease of space within the Portola Community
Center;
• Existing agreement with the Family YMCA of the Desert for the management and
staffing of the Palm Desert Aquatic Center (Contract No. C36620, as amended);
• Existing City Resolutions 2015-34 and 2015-96, establishing a sports facilities
use policy and authorizing modifications to the Facility Use Agreement for Youth
Sports Organizations, respectively; and
• Rules, regulations, and policies of the Desert Recreation District and the Family
YMCA of the Desert.
Item 2D-23
Resolution No. 2023-_______
Page 2 of 13
It also serves to create a consistent and uniform City policy directed to the
prioritization of uses within certain spaces, including the restriction of some uses that
would either interfere with the operation of the Palm Desert Civic Center or the
simultaneous use and enjoyment of other outdoor spaces within the City’s parks.
This policy clarifies those fees and charges that are due to reserve and use a space
by each agency, as may be applicable, and establishes a procedure by which fee
waivers may be requested for the waiver of City fees.
This policy is intended to complement the existing polic ies adopted by the Desert
Recreation District and the Family YMCA of the Desert and has been carefully
reviewed to avoid any intentional conflict. Should conflict be identified in the future,
the City reserves its ability to interpret this policy or to mak e amendments to it at a
later date under the authority granted to the City Manager under the Palm Desert
Municipal Code.
II. SCOPE
This policy and procedure addresses all indoor and outdoor spaces owned,
operated, managed, and leased by the City of Palm Desert.
III. DEFINITIONS
A. “Amusement Activities” means rock walls, rollercoasters, funhouses, gaming
trucks, laser tag, ice skating, or other rides or amenities.
B. “City” means the City of Palm Desert, California.
C. “Commercial Use” means any event organized and conducted by a person,
organization or company that does not qualify as a tax -exempt, non-profit
organization or governmental agency, and is not a youth recreation/sports
league (Class IV).
D. “Commercial Recreation League” means a recreation/sports league that does
not qualify as a tax-exempt, non-profit organization or governmental agency,
including organized adult leagues (Class III).
E. “Community Use” means any event organized and conducted by a person,
organization or company that qualifies as a tax-exempt, non-profit organization
or governmental agency, and that is open to the public (Class II).
F. “Community Recreation League” means a recreation/sports league that
qualifies as a tax-exempt, non-profit organization or governmental agency
(Class I).
G. “Event” means an occurrence of a local celebration, fundraiser, athletic,
cultural, or educational activity.
Item 2D-24
Resolution No. 2023-_______
Page 3 of 13
H. Inflatables” means temporary air-filled play structures commonly known as
bounce houses, jumpers, blow-up slides, etc., with or without water features.
I. “League” means a group of sports teams or individual athletes that compete
against each other in officiated games in a specific sport.
J. “Open to the public” means any area on City property where the public is
allowed to be present and may move unfettered. Areas that are open to the
public include, but are not limited to, City parks, City parking lots, and any areas
of City facilities that provide direct services to the public.
K. “Private Use” means an event that is not open to the public. Private Use events
include those organized by both residents and non -residents of Palm Desert.
L. “Regional park” means a park that is 20 acres or larger in size. Up to 50 people
may gather in regional parks without obtaining a permit. Group gatherings of 50
people or more are required to obtain a permit.
IV. RESERVABLE AND OPEN USE SPACES AND FACILITIES
Reservable spaces within the City are limited. Due to this limitation, there is a potential
that not all requests for reservation will be granted. In the event tha t the City receives
multiple applications for the use of the same facility on the same date, the application
that was filed first shall receive priority. In addition, should an organization successfully
make a reservation, this does not guarantee availability for future use.
Special event requests that also encompass areas outside of the City parks or facilities
are subject to approval of a separate Special Events Application.
The following spaces are available for reservation and use within the City:
A. Palm Desert Civic Center
a. Civic Center Park Pavilions (5 pavilions)
b. Ball fields and courts (4 baseball fields*, 6 tennis courts, 4 beach
volleyball courts, 3 basketball courts)
c. Civic Center Park Amphitheater
d. Palm Desert Aquatic Center
B. Palm Desert Community Center & Gymnasium (Gymnasium
(basketball/volleyball/pickleball), 2 multipurpose rooms)
C. Portola Community Center (2 Multipurpose rooms) – only Class I or Class II
non-profit community groups based in the City of Palm Desert
D. Freedom Park Baseball Fields* (3 baseball fields, 1 football field, 1 soccer field)
E. Hovley Soccer Park Fields* (5 soccer fields)
F. Palm Desert City Council Chambers – only Class II governmental organizations
G. Other Parks & Open Spaces not listed above
* Use of these spaces by Class I (Community Recreation Leagues) also may
permit the use of the corresponding snack bar. The use of the snack bars is
subject to approval by the Director of Public Works and contingent upon the user
Item 2D-25
Resolution No. 2023-_______
Page 4 of 13
organization providing adequate maintenance and ca re of City property per the
Facility Use Agreement.
V. RESERVATION PROCESS
A. Application and Fees
Facility rentals for activities or events are required for groups gathering in a
regional park with an anticipated attendance of 50 people or more. Applications
must be completed and submitted to the organization contracted by the City for
management of the facility. Additional fees apply for groups of over 100 people.
Organizations requesting use of both City parks and areas within the public
right-of-way are required to complete a Special Event Application. City facilities
must be used for the purpose stated in the application, or the event/use is
subject to cancellation without refund.
Applications must be completed at least 30 days in advance for all reservations.
For amphitheater rental, applications may be submitted up to 180 days in
advance. For all sports fields and courts, applications may be submitted 120
days in advance for the season or year. Other facility rentals may also be
submitted 120 days in advance of the event or use.
The City reserves the right to refuse the use of any facility if the applicant fails
to comply with the terms of this Policy, any applicable laws, rules, and
regulations, or if the planned event is not an appropriate usage of the requested
facility. Any infraction of the terms of this Policy, any applicable laws, rules,
and regulations shall be cause for refusal of any further use of City facilities for
a period of 3 years.
B. Fees will be assessed based on the City of Palm Desert Master Fee Schedule
(Attachment A). Fees are calculated based on the following Class system:
• Class I: Community Recreation League
• Class II: Community Use
• Class III: Commercial Recreation League
• Class IV: Commercial Use
• Class V: Private Use
Fees for the use of City facilities are set in Attachment A and Attachment B.
Changes to the fee schedule for the use of reservable open spaces and City
facilities may be initiated by the Public Works Director in coordination with the
authorized facility management contractor. Fee changes shall be reviewed and
ratified by the Parks and Recreation Commission prior to going into effect. In
the event that the Parks and Recreation Commission objects to a fee change,
the change shall be presented to the City Council for ratification. To the
Item 2D-26
Resolution No. 2023-_______
Page 5 of 13
maximum extent possible, amendments to the fee schedule shall be timed with
the City’s annual budgeting process.
C. Insurance
The City requires a minimum of $1M liability insurance policy with the City
named as additional insured for certain uses. Based on the event type, this
amount may be increased and/or the City may require additional insurance
policies.
Insurance is required for the following use types:
• All Commercial events and uses (Class III and Class IV)
• Events anticipating attendance of 50 people or more
• All amphitheater rentals
If inflatables or amusement activities are planned for any type of use, the
inflatable company must provide a $1M liability policy with the City named as
additional insured.
D. Alcoholic Beverages
a. Section 11.01.080 of the City of Palm Desert Municipal Code
prohibits bringing into, consuming or having in their possession in
any park an alcoholic beverage as defined in Section 11.01.010,
unless waived as provided by Section 9.58.040 of the Municipal
Code.
b. Section 9.58.040 allows the City Manager, or designee, or City
Council to waive this provision in certain circumstances. The City
Council may approve such a waiver if the facility use is associated
with a community event that is open to the public and is receiving
City funding. Examples of these include, but are not limited to,
Concerts in the Park, the Wildflower Festival, and the Palm Desert
Half Marathon. The City Manager may approve such a waiver if the
facility use is associated with a community event that is open to the
public but is not receiving City funding and no other waivers of the
Municipal Code are needed. Requests for waiver must be received
at least 30 days prior to the event.
c. Waiver of this provision must ensure that all State and County
guidelines and permits are obtained, and any conditions imposed on
the applicant must be followed.
d. A copy of all permits must be provided to the City prior to the facility
use.
E. Requests for Fee Waiver
a. Waiver of fees administered by the City may be requested in writing to
the Parks and Recreation division by emailing
parks@cityofpalmdesert.org.
Item 2D-27
Resolution No. 2023-_______
Page 6 of 13
b. Fee waivers must be requested at least 30 days prior to the event and
will be considered and approved or denied by the City Manager.
F. Requests for Park Use Waivers
a. Section 11.04.050 of the City of Palm Desert Municipal Code restricts
the issuance of permits for park use for certain situations. Waiver of
any of these provisions may be requested in writing to the Parks and
Recreation division by emailing parks@cityofpalmdesert.org.
b. Park use waivers must be requested at least 30 days prior to the event
and will be considered and approved or denied by the City Manager.
G. Appeals
a. In the event a Request for Fee Waiver or a Request for a Park Use
Waiver is denied, an appeal may be requested to a Request for Fee
Waiver or Request for Park Use Waiver decision by emailing
parks@cityofpalmdesert.org.
b. Appeals will be added to the next available City Council meeting
agenda for consideration.
Item 2D-28
Resolution No. 2023-_______
Attachment A – MASTER FEE SCHEDULE
City of Palm Desert
District Master Fee Schedule
$20 administrative fee for all rentals
Fee
Description Class I Class II Class III Class IV Class V Cleaning
Deposit
1 Pavilions* (50-100 people) N/A $115 $230 $230 $80 $100
* Residents of the City of Palm Desert are assessed an $80 fee for pavilion rental.
Pavilions** (100 people or
more) N/A $230 $460 $460 $160 $200
** Residents of the City of Palm Desert are assessed an $160 fee for pavilion rental.
2 Amphitheater (50-100 people) N/A $230 $230 $230 $230 $2,500
Amphitheater (100 people or
more) N/A $460 $460 $460 $460 $5,000
Cleaning deposit may be reduced based on event details.
3 Fields & Courts
Baseball
N/A $30/hour $20/hour $250
Soccer
Basketball
Tennis
Pickleball (2 courts)
Football
Other
(i.e. volleyball, horseshoes, petanque,
etc.)
Item 2D-29
Resolution No. 2023-_______
Full 8-hour day use N/A $150/day
$150/day
for field
$75/day
for courts
4 Lights N/A $30/hour $30/hour $30/hour $10/hour
Full 8 hour day use N/A $150/day $150/day $150/day
$150/day
for field
$75/day
for courts
5
Palm Desert Community
Center
Monday through Thursday
Gymnasium $70/hour $70/hour $140/hour $140/hour $70/hour $1,000
Multipurpose Room $45/hour $45/hour $90/hour $90/hour $45/hour $275
Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275
Friday through Sunday
Gymnasium $130/hour $130/hour $260/hour $260/hour $130/hour $1,000
Multipurpose Room $75/hour $75/hour $150/hour $150/hour $75/hour $275
Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275
6 Portola Community Center
Multipurpose Room N/A N/A N/A N/A N/A $275
(non profit/ community groups
only)
Item 2D-30
Resolution No. 2023-_______
City of Palm Desert
Non-District Master Fee Schedule
$20 administrative fee for all rentals
Fee
Description Class I Class II Class III Class IV Class V Cleaning
Deposit
1 Pavilions (50-100 people) N/A $115 $230 $230 $130 $100
Pavilions (100 people or
more) N/A $230 $460 $460 $260 $200
2
Amphitheater (50-100
people) N/A $230 $230 $230 $230 $2,500
Amphitheater (100 people or
more) N/A $460 $460 $460 $460 $5,000
Cleaning deposit may be reduced based on event details.
3 Fields & Courts N/A
Baseball
N/A $30/hour $25/hour $250
Soccer
Basketball
Tennis
Pickleball (2 courts)
Football
Other
(i.e. volleyball, horseshoes,
petanque, etc.)
Item 2D-31
Resolution No. 2023-_______
Full 8-hour day use N/A $150/day
$170/day
for field
$85/day
for courts
4 Lights N/A $30/hour $30/hour $30/hour $20/hour
Full 8 hour day use N/A $170/day $170/day $170/day
$170/day
for field
$85/day
for courts
5
Palm Desert Community
Center
Monday through Thursday
Gymnasium $70/hour $70/hour $140/hour $140/hour $80/hour $1,000
Multipurpose Room $45/hour $45/hour $90/hour $90/hour $55/hour $275
Multipurpose Room &
Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275
Friday through Sunday
Gymnasium $130/hour $130/hour $260/hour $260/hour $150/hour $1,000
Multipurpose Room $75/hour $75/hour $150/hour $150/hour $85/hour $275
Multipurpose Room &
Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275
6 Portola Community Center
Multipurpose Room N/A N/A N/A N/A N/A $275
(non profit/ community
groups only)
Item 2D-32
Resolution No. 2023-_______
Attachment B – PALM DESERT AQUATIC CENTER FEE SCHEDULE
City of Palm Desert
Palm Desert Aquatic Center Fee Schedule
Fee Description Resident Non-Resident
1 Admissions
Adult (13-59) $4 $6
Youth/Senior (6-12 & 60+) $3 $4.50
Adult Punch Card 25 $94 $142
Youth/Senior Punch Card 25 $65 $98
Adult 3-Month Pass $150 $225
Youth/Senior 3-Month Pass $110 $165
Adult Annual Pass $550 $825
Youth/Senior Annual Pass $420 $630
2 Water Exercise
One Class $6 $8
10 Punch Pass $60 $80
Monthly Pass $65 $85
3 Swim Lessons
Group Lessons $63 $84
Recreational Swim Team $87 $116
Private/Semi-Private 30 min. $36 $48
Private/Semi-Private 1 hour $54 $72
Private/Semi-Private 30 min. 10 pack $324 $432
Private/Semi-Private 1 hour 10 pack $486 $648
4 Specialty Rates
Full Facility Rental (2-hour minimum) $650/hour $800/hour
Add’l lifeguards (as required by PDAC) $20/hour
Multi-Use Room Rental $75/hour
$150 security deposit
Organization (Summer Camps) $3 per person
School Field Trip $5 per child
Item 2D-33
PORTOLA COMMUNITY CENTER
45-480 PORTOLA AVENUE, PALM DESERT, CA 92260
APPLICATION FOR USE OF FACILITY
Organization/Group Organization’s Phone
Organization’s Address
Responsible Representative Phone (H)
Address
Organization’s IRS Tax Filing Status Number of Members
Insurance Carrier Policy #
Number of Members w/ Palm Desert Address
Approx. Number of Members Expected to Attend Community Center per Reservation
Brief Summary of Organizations Philosophy
Purpose of Meeting
Dates & Times Requested for Reservations
Rooms Needed for Meeting
Any Specifications (Set-Ups) for Meeting
Is the Meeting Open to the Public?
For Management Purposes Only, If Applicable:
Fees: Deposits:
Reservation: Hours x $ = $ Cleaning: $
Other Fees: = $ Key: $
Fees Total: = $ Deposits Total: $
Reservation Payment Received: Date: Receipt
#:
Deposit Payment Received: Date: Receipt #:
Application Approved By: (Name) Date Approved
Signature
Item 2D-34
APPLICATION
PAGE 2 of 3
AGREEMENT
This application, when properly filled out, approved, and signed by an authorized Desert
Recreation District (DRD) Representative, the City Manager, or an authorized City
Representative, becomes a permit to use the facility for the times and the purposes set forth
herein. The applicant agrees to abide by the terms, rules and regulations of this permit as set
forth in the attached sheet by DRD and the City of Palm Desert for the use of the facility for the
time and purposes set forth herein. The applicant hereby states, under penalty of perjury of the
laws of the State of California, that he/shethey are is duly authorized to make complete and sign
this application. In consideration of use of the Portola Community Center, the undersigned
agrees to the following:
1. Pay the required fees for use of Facility.
2. Abide by and enforce all of the rules and regulations pertaining to the use of Facility.
3. I hereby aTgree to release, discharge, and agree not to sue the Desert Recreation
DistrictDRD or the City of Palm Desert for any injury, death, or damage to or loss of
personal property arising out of, or in connection with my participation in or use of the
facilities for whatever cause, including the active or passive negligence of the Coachella
Valley Recreation and Parks DistrictDRD, the City of Palm Desert, the Portola
Community Center, or any other participants using the facilities.
4. I hereby agree for That Imyself, my heirs, administrators, executors, and assigns, that I
shall indemnify and hold harmless the Desert Recreation District and Parks DistrictDRD,
the City of Palm Desert, the Portola Community Center, or any other participants using
the facilities from any and all claims, demands, actions, or suits arising out of or in
connection with my use and participation in the use of facilities.
5. On behalf of the applicant/organization that I representThat I, on behalf of the
applicant/organization that I represent, shall be responsible in case of any damage to
any part of the Facility. This includes but is not limited to the payment of any repairs or
replacement of any items damaged during use of the Facility and all necessary labor or
cost to return the Facility to a clean and orderly condition, less normal wear and tear.
I am aware that this Agreement is a full release of all liability and sign it on my own free will.
Name of Applicant Title
Signature of Applicant Date
Item 2D-35
APPLICATION
PAGE 3 of 3
Item 2D-36
PORTOLA COMMUNITY CENTER
45-480 PORTOLA AVENUE, PALM DESERT, CA 92260
APPLICATION FOR USE OF FACILITY
Organization/Group Organization’s Phone
Organization’s Address
Responsible Representative Phone (H)
Address
Organization’s IRS Tax Filing Status Number of Members
Insurance Carrier Policy #
Number of Members w/ Palm Desert Address
Approx. Number of Members Expected to Attend Community Center per Reservation
Purpose of Meeting
Dates & Times Requested for Reservations
Rooms Needed for Meeting
Any Specifications (Set-Ups) for Meeting
Is the Meeting Open to the Public?
For Management Purposes Only, If Applicable:
Fees: Deposits:
Reservation: Hours x $ = $ Cleaning: $
Other Fees: = $ Key: $
Fees Total: = $ Deposits Total: $
Reservation Payment Received: Date: Receipt
#:
Deposit Payment Received: Date: Receipt #:
Application Approved By: (Name) Date Approved
Signature
Item 2D-37
APPLICATION
PAGE 2 of 2
AGREEMENT
This application, when properly filled out, approved, and signed by an authorized Desert
Recreation District (DRD) Representative, the City Manager, or an authorized City
Representative, becomes a permit to use the facility for the times and the purposes set forth
herein. The applicant agrees to abide by the terms, rules and regulations of this permit as set
forth in the attached sheet by DRD and the City of Palm Desert for the use of the facility for the
time and purposes set forth herein. The applicant hereby states, under penalty of perjury of the
laws of the State of California, that they are duly authorized to complete and sign this
application. In consideration of use of the Portola Community Center, the undersigned agrees
to the following:
1. Pay the required fees for use of Facility.
2. Abide by and enforce all of the rules and regulations pertaining to the use of Facility.
3. To release, discharge, and agree not to sue the DRD or the City of Palm Desert for any
injury, death, or damage to or loss of personal property arising out of, or in connection
with my participation in or use of the facilities for whatever cause, including the active or
passive negligence of the DRD, the City of Palm Desert, the Portola Community Center,
or any other participants using the facilities.
4. That I, my heirs, administrators, executors, and assigns, shall indemnify and hold
harmless the DRD, the City of Palm Desert, the Portola Community Center, or any other
participants using the facilities from any and all claims, demands, actions, or suits arising
out of or in connection with my use and participation in the use of facilities.
5. That I, on behalf of the applicant/organization that I represent, shall be responsible in
case of any damage to any part of the Facility. This includes but is not limited to the
payment of any repairs or replacement of any items damaged during use of the Facility
and all necessary labor or cost to return the Facility to a clean and orderly condition, less
normal wear and tear.
I am aware that this Agreement is a full release of all liability and sign it on my own free will.
Name of Applicant Title
Signature of Applicant Date
Item 2D-38
PORTOLA COMMUNITY CENTER
45-480 PORTOLA AVENUE, PALM DESERT, CA 92260
FACILITY USE AGREEMENT
1. Applications to use the facility must be submitted on the form provided by the Portola
Community Center. The application must be signed by an adult age 21 and over who
will attend, supervise, and be responsible for the entire event or activity. A reservation
calendar for use of the Portola Community Center will be developed every six months.
2. Applicants must provide all information required to assure compliance with the
requirements and regulations of the facility. If any incomplete or incorrect information is
provided on the application (i.e. contact information, nature of event, expected
attendance), facility staff may immediately cancel the rental without refund of fees of
deposit.
3. Approval or denial of an application will be made within seven (7) working days of receipt
of the completed application.
4. Exceptions may be made by the City of Palm Desert and Portola Community Center and
appeals can be made to the City Manager.
5. Public meetings shall conclude no later than 8:30 00 p.m. on all days.
6. Hours requested on application should include time for your group’s set up and clean up
needs.
7. A security deposit of $150.00 will be required for all rentals and must be submitted within
two (2) days after notification of application approval made payable to the Desert
Recreation and Park District. The security deposit amount is determined by the number
of people in the group. For 1 – 50 people the deposit is $150, for 50 – 170 people the
deposit is $300.
8. All users of the facility shall enforce and not exceed the maximum occupancy of 170
people.
9. All users of the facility shall be responsible for clean up after each meeting. After
inspection of the facility, if a determination is made that the facility has not been left in
clean and/or satisfactory order, all or a portion of the deposit may be forfeited by the
organization and retained by the facility. No cleaning deposit shall be charged to the
City of Palm Desert.
Item 2D-39
PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT
PAGE 2 of 4
10. Facilities and equipment are to be left in the same condition as they were prior to the
rental. The organization is responsible to pay a fee equal to total replacement for any
damage to facility or loss of property. Security deposit will be held until total
repair/replacement cost is determined and repair/replacement is complete.
11. No preparation of any kind will be permitted in/or on the walls, floors, ceiling, or fixtures.
This includes tape, tacks, nails, putty, screws, staples, decals, powders, wax, paint, etc.
Rice, birdseed, confetti, glitter, or any similar items may not be used inside or outside the
facility. No fog or smoke machines are permitted.
12. No food or drink is allowed inside the facility except during organized functions.
13. Portola Community Center is a non-smoking facility. Pursuant to California State Law,
smoking is not permitted within 40’ of all entrances or exits of public facilities.
14. No alcoholic beverages are permitted on the facility property. For special events, the
City Council or City Manager may grant special permission per Palm Desert Municipal
Code Section 9.85.040. Requests must be received at least 30 days prior to the event.
15. No narcotics or controlled substances are permitted in the facility.
16. No profane language, quarrelling, fighting, gambling, vandalism, or disorderly or illegal
conduct is permitted during use of the facility.
17. Programs offered in and during the use of the facility shall not contain any matter which
might tend to cause a breach of the peace and which constitutes subversive doctrine,
seditious utterances, and which agitate changes in our form of government or social
order by violence or unlawful methods.
18. All children under the age of 10 must be accompanied by an adult over the age of 18.
Note: Accompany means within close proximity (arms distance, for example). Youth
organizations (ages 11-18) must have one adult to every 10 minors in attendance that
shall remain at the facility for the duration of the activity.
19. Pets, other than those assisting persons with disabilities, are not permitted on the facility
property.
20. The facility is not responsible for lost or stolen items. It is strongly recommended that
items of value not be brought onto the premises.
21. Facility staff requires pPrior approval from facility staff is required for equipment and
services brought in and not directly provided by the facility.
22. The Facility Use Agreement shall not be transferred, assigned, or sublet to any third
party. This Agreement is issued for a specific use of the facility and for specific hours.
23. Applicants shall not grant use of the facility to any third party or charge admission fees
(i.e. classes, workshops, meeting dues) without written permission from the City of Palm
Desert.
24. All meeting cancellations must be submitted to facility staff with a two (2) week
cancellation notice required allowing for flexibility in scheduling another meeting in its
place.
Item 2D-40
PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT
PAGE 3 of 4
25. Due to the severe parking conditionslimited parking at the facility on Sundays, there shall
be no public meetings scheduled for that day.
26. Doors must remain unlocked during hours of use.
27. The City of Palm Desert and the Desert Recreation and Park District may revoke
reservations at its discretion.
28. In addition to the rules governing the use of the facility, the organization shall also
comply with all applicable local ordinances of the City of Palm Desert, including the
“Administrative Policy for Use of City Owned Facilities” and State and Federal laws.
29. The facility user may not use the City of Palm Desert as a sponsor of the activity and
may not list the Portola Community Center’s address or phone number as the principal
contact in any written materials associated with the rental of the facility. Facility staff
may require copies of all promotional materials used in conjunction with the organization
and its use of the facility.
30. The City of Palm Desert assumes no legal responsibility and is not liable for personal
injuries, thefts, or losses of private property while on the facility premises. The
organization, if non-profit, is required to maintain in full force and effect, at the
organizations expense, general liability insurance in the amount of not less than
$1,000,000 from an admitted carrier in the State of California with a Best Rating of A VII
or higher. The policy shall name the City of Palm Desert and the Coachella Valley
Recreation and ParkDesert Recreation District as additional insured. The City’s Risk
Manager, or designee, when it is deemed to be in the best interest of the general public,
may require additional insurance in the amount sufficient to cover the activity to be held
at the facility or may waive the insurance requirement. A Certificate of Insurance and
Additional Insured Endorsement evidencing the required coverage shall be provided to
the facility at least seven (7) business days in advance of the scheduled event. Failure
to duedo so may result in cancellation of the event. The Certificate and Endorsement
shall be subject to facility staff approval for adequacy and protection.
Violation of any of this Facility Use Agreement by any organization during occupancy shall be
sufficient cause for denying further use of the facility to the organization.
Applicants will be held responsible to see that the rules and regulations listed above are strictly
enforced. The undersigned has read and fully understands and agrees to the City of Palm
Desert and the Desert Recreation and Park District’s Facility Use Rules.
The undersigned understands that as a facility user, in addition to paying for all damages to
premises and facility, there may be a forfeiture of all or part of the cleaning deposit should any
of the rules listed above become violated. The applicant understands that no refund on rental
fees will be given without a two (2) week written notification of cancellation.
The undersigned understands that the deposit will be returned two weeks after the event, if
none of the above rules have been violated.
Item 2D-41
PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT
PAGE 4 of 4
I, the undersigned, acknowledge that I have read the Portola Community Center’s Facility Use
Agreement and I agree to abide and enforce with my organization all of the rules set forth by the
City of Palm Desert and the Desert Recreation and Park’s District.
Print Name (Representative of Applicant) Title
Signature Date
Item 2D-42
PORTOLA COMMUNITY CENTER
45-480 PORTOLA AVENUE, PALM DESERT, CA 92260
FACILITY USE AGREEMENT
1. Applications to use the facility must be submitted on the form provided by the Portola
Community Center. The application must be signed by an adult age 21 and over who
will attend, supervise, and be responsible for the entire event or activity. A reservation
calendar for use of the Portola Community Center will be developed every six months.
2. Applicants must provide all information required to assure compliance with the
requirements and regulations of the facility. If any incomplete or incorrect information is
provided on the application (i.e. contact information, nature of event, expected
attendance), facility staff may immediately cancel the rental without refund of fees of
deposit.
3. Approval or denial of an application will be made within seven (7) working days of receipt
of the completed application.
4. Exceptions may be made by the City of Palm Desert and Portola Community Center and
appeals can be made to the City Manager.
5. Public meetings shall conclude no later than 8:00 p.m. on all days.
6. Hours requested on application should include time for your group’s set up and clean up
needs.
7. A security deposit will be required for all rentals and must be submitted within two (2)
days after notification of application approval made payable to the Desert Recreation
District. The security deposit amount is determined by the number of people in the
group. For 1 – 50 people the deposit is $150, for 50 – 170 people the deposit is $300.
8. All users of the facility shall enforce and not exceed the maximum occupancy of 170
people.
9. All users of the facility shall be responsible for clean up after each meeting. After
inspection of the facility, if a determination is made that the facility has not been left in
clean and/or satisfactory order, all or a portion of the deposit may be forfeited by the
organization and retained by the facility. No cleaning deposit shall be charged to the
City of Palm Desert.
10. Facilities and equipment are to be left in the same condition as they were prior to the
rental. The organization is responsible to pay a fee equal to total replacement for any
Item 2D-43
PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT
PAGE 2 of 4
damage to facility or loss of property. Security deposit will be held until total
repair/replacement cost is determined and repair/replacement is complete.
11. No preparation of any kind will be permitted in/or on the walls, floors, ceiling, or fixtures.
This includes tape, tacks, nails, putty, screws, staples, decals, powders, wax, paint, etc.
Rice, birdseed, confetti, glitter, or any similar items may not be used inside or outside the
facility. No fog or smoke machines are permitted.
12. No food or drink is allowed inside the facility except during organized functions.
13. Portola Community Center is a non-smoking facility. Pursuant to California State Law,
smoking is not permitted within 40’ of all entrances or exits of public facilities.
14. No alcoholic beverages are permitted on the facility property. For special events, the
City Council or City Manager may grant special permission per Palm Desert Municipal
Code Section 9.85.040. Requests must be received at least 30 days prior to the event.
15. No narcotics or controlled substances are permitted in the facility.
16. No profane language, quarrelling, fighting, gambling, vandalism, or disorderly or illegal
conduct is permitted during use of the facility.
17. Programs offered in and during the use of the facility shall not contain any matter which
might tend to cause a breach of the peace and which constitutes subversive doctrine,
seditious utterances, and which agitate changes in our form of government or social
order by violence or unlawful methods.
18. All children under the age of 10 must be accompanied by an adult over the age of 18.
Note: Accompany means within close proximity (arms distance, for example). Youth
organizations (ages 11-18) must have one adult to every 10 minors in attendance that
shall remain at the facility for the duration of the activity.
19. Pets, other than those assisting persons with disabilities, are not permitted on the facility
property.
20. The facility is not responsible for lost or stolen items. It is strongly recomme nded that
items of value not be brought onto the premises.
21. Prior approval from facility staff is required for equipment and services brought in and
not directly provided by the facility.
22. The Facility Use Agreement shall not be transferred, assigned, or sublet to any third
party. This Agreement is issued for a specific use of the facility and for specific hours.
23. Applicants shall not grant use of the facility to any third party or charge admission fees
(i.e. classes, workshops, meeting dues) without written permission from the City of Palm
Desert.
24. All meeting cancellations must be submitted to facility staff with a two (2) week
cancellation notice required allowing for flexibility in scheduling another meeting in its
place.
Item 2D-44
PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT
PAGE 3 of 4
25. Due to the limited parking at the facility on Sundays, there shall be no public meetings
scheduled for that day.
26. Doors must remain unlocked during hours of use.
27. The City of Palm Desert and the Desert Recreation District may revoke reservations at
its discretion.
28. In addition to the rules governing the use of the facility, the organization shall also
comply with all applicable local ordinances of the City of Palm Desert, including the
“Administrative Policy for Use of City Owned Facilities” and State and Federal laws.
29. The facility user may not use the City of Palm Desert as a sponsor of the activity and
may not list the Portola Community Center’s address or phone number as the principal
contact in any written materials associated with the rental of the facility. Facility staff
may require copies of all promotional materials used in conjunction with the organization
and its use of the facility.
30. The City of Palm Desert assumes no legal responsibility and is not liable for personal
injuries, thefts, or losses of private property while on the facility premises. The
organization, if non-profit, is required to maintain in full force and effect, at the
organizations expense, general liability insurance in the amount of not less than
$1,000,000 from an admitted carrier in the State of California with a Best Rating of A VII
or higher. The policy shall name the City of Palm Desert and the Desert Recreation
District as additional insured. The City’s Risk Manager, or designee, when it is deemed
to be in the best interest of the general public, may require additional insurance in the
amount sufficient to cover the activity to be held at the facility or may waive the
insurance requirement. A Certificate of Insurance and Additional Insured Endorsement
evidencing the required coverage shall be provided to the facility at least seven (7)
business days in advance of the scheduled event. Failure to do so may result in
cancellation of the event. The Certificate and Endorsement shall be subject to facility
staff approval for adequacy and protection.
Violation of any of this Facility Use Agreement by any organization during occupancy shall be
sufficient cause for denying further use of the facility to the organization.
Applicants will be held responsible to see that the rules and regulations listed above are strictly
enforced. The undersigned has read and fully understands and agrees to the City of Palm
Desert and the Desert Recreation District’s Facility Use Rules.
The undersigned understands that as a facility user, in addition to paying for all damages to
premises and facility, there may be a forfeiture of all or part of the cleaning deposit should any
of the rules listed above become violated. The applicant understands that no refund on rental
fees will be given without a two (2) week written notification of cancellation.
The undersigned understands that the deposit will be returned two weeks after the event, if
none of the above rules have been violated.
I, the undersigned, acknowledge that I have read the Portola Community Center’s Facility Use
Agreement and I agree to abide and enforce with my organization all of the rules set forth by the
City of Palm Desert and the Desert Recreation District.
Item 2D-45
PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT
PAGE 4 of 4
Print Name (Representative of Applicant) Title
Signature Date
Item 2D-46
Date: May 22, 2023
To: Shawn Muir, Community Service Manager City of Palm Desert
From: Brenda Nutcher, Community Services Coordinator
Subject: Request for additional amenities – Agreement # C32410
CC: Maureen Archuleta, Community Services Supervisor
Our vision is through a community collaborative approach, Desert Recreation District will provide
quality, barrier-free and safe recreational activities that contribute to the overall wellness of the citizens
of the Coachella Valley; encourage healthy lifestyles and positive out-of-school activities; and facilitate,
coordinate and plan for recreation facilities and trails.
This letter of Intent is to expand our formal working partnership and provide additional amenities to our
current scope of work.
Based upon your approval of the attached proposal DRD will provide staffing to achieve goals and
desired additional amenities.
Current Scope of work and staffing levels support.
(Reservation Specialist) is responsible for all field reservations. Currently the Reservation Specialist
oversees the following field reservations:
• 4 Baseball Fields at Civic Center Park
• 3 Baseball Fields at Freedom Park
• 5 Soccer Fields at Hovley Soccer Park
• 1 Soccer Field at Ronald Reagan
• 1 Soccer Field at Magnesia Falls Park
• 1 Football Field at Freedom Park
• 2 multi-purpose rooms at Portola Community Center
The total reimbursable fees collected from July 1, 2021, to June 30, 2022 for the field and light
reservations was $110,402.00 with 2625 reservations.
.
Item 2D-47
The total reimbursable fees collected from July 1, 2021, to June 30, 2022, for the Amphitheater
reservations was $5750.00 with a total of 65 reservations.
Currently about 50 percent of the full-time position is focused on field reservations. Working closely
with all user groups, scheduling with priority, changes to weekly field and light schedules as well as
collecting the monthly fees.
(Park Attendant 1) are responsible for posting all pavilion reservation signs, ensuring the pavilions are
clean before each event, ensuring all pavilions are cleaned after the rental. Assisting guests with issues,
emptying trash, and ensuring the space is available and other people are not present when they arrive
for their rental. They are on call for any issues guests may have. Being that these rentals are in Civic
Center Park where the team is stationed it does not take more than 15 minutes per rental.
(Palm Desert Community Center Senior Facility Attendant) are responsible for Pavilion reservations. We
currently only reserve Civic Center Park for Pavilion rentals with an exception for one or two special
events at Freedom Park and University Park.
• 3 pavilions at Civic Center Park
• Amphitheater
Currently with 250 reservations and approximately 20 minutes per reservation, we spend about 17
hours a month on Pavilion reservations. Most reservations take place from January 1 through June 15,
due to the weather and reseeding schedules.
(Palm Desert Recreation Coordinator ll) is responsible for all Special events held at the Amphitheater,
special events at the tennis courts, sand volleyball and basketball courts at Civic Center.
Currently each amphitheater or special event reservation takes a minimum of 45 minutes to an hour,
with coordinating dates, collecting paperwork, fees, insurance, requests for water to be turned off,
sending additions for council approval, extra permits and doing walk throughs on what is and isn’t
permitted as well as placement of equipment, food trucks, tents, and other items. Send Outlook
calendar requests to parks team and city staff for each event.
Park Maintenance is scheduled for each special event from set up through clean up. Maintenance guides
all vehicles into and out of the park through the designated area. They set out trash and recycle boxes
and keep these emptied during the event. They turn on and off the electricity for the event. They keep
the restrooms stocked and cleaned. They assist with placement of signs and water tables throughout the
park. They assist event coordinators with any all issues and concern.
Proposed additional sites:
• 8 pavilions at Hovley Soccer Park
• 6 pavilions at Freedom Park
Proposed Services:
We would add 1 part time Senior Facility Attendant.
Item 2D-48
We would need 1 part-time Park Attendant 1.
We would need to add another vehicle to accommodate the additional workload.
We would also need to increase our monthly mileage cost with another vehicle.
This would be the fee to add these additional pavilions:
Desert Recreation District
Object Budget Narrative Unit hours Rate Amount
Part Time Salaries Park Attendant 1 860 $26.53 $22,815.00
Senior Facility Attendant 1 200 $24.75 $4950.00
Communications Cell phone service 1 12 $83 $996.00
Mileage
reimbursement
800 miles/month
(DRD-supplied vehicle)
12 N/A .625 $6000.00
Uniforms 3 uniform shirts/jackets issued 2 $120.00 $240.00
Total Direct Service Expense 34,761.00
Item 2D-49
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development
REQUEST: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 11.01 OF
THE PALM DESERT MUNICIPAL CODE PROHIBITING MYLAR
BALLOON USE IN PALM DESERT PARKS, AND MAKING A FINDING OF
EXEMPTION UNDER CEQA
RECOMMENDATION:
Waive further reading and pass to second reading an Ordinance amending Chapter 11.01 of the
Palm Desert Municipal Code Prohibiting Mylar Balloon Use in Palm Desert Parks.
BACKGROUND/ANALYSIS:
At its November 17, 2022, City Council meeting, a request was made by two (2) City Council
members to refer the suggestion of banning mylar balloons from use in Palm Desert parks to the
Resource Preservation & Enhancement Committee (RPEC) for input. This item was presented
to RPEC at its meeting on February 27, 2023, and upon discussion of what other cities in
California have done, the members unanimously recommended that the City Council refer the
item to the Coachella Valley Association of Governments (CVAG) for a potential regional ban on
the sale of mylar balloons within the Coachella Valley. Keeping the initial suggestion in mind, on
March 7, 2023, staff presented the option of banning mylar balloons from use in Palm Desert
parks to the Parks and Recreation Commission wherein they unanimously recommended that
the City Council opt to ban mylar balloons city-wide.
At its April 13, 2023, City Council meeting, staff requested direction on this item and informed
the City Council that CVAG’s Public Safety Committee had previously discussed the topic of a
regional model ordinance on sales and/or use at public spaces such as parks and their
consensus was to monitor future State actions. During the meeting, the City Council directed
staff to bring forth an ordinance prohibiting mylar balloon use in Palm Desert parks and also
asked staff to contact CVAG with a request to refer the topic of a regional ordinance on the sale
of mylar balloons to the Energy and Environmental Resources Committee. After the meeting,
staff contacted CVAG to which they informed that it is uncommon to bring an item up to a
committee that one of their other committee’s had recently taken action on; however, they agreed
to monitor Palm Desert’s actions with regard to banning mylar balloons in Palm Desert parks
and if adopted, they would inform both committees to see if they would be interested bringing up
the issue again.
If adopted, enforcement of the ordinance will be consistent with other park violations, i.e.
issuance of administrative citations. Additionally, staff suggests incorporation of language into
both the City’s and Desert Recreation District’s special events applications informing of the ban,
as well as posting signage in all Palm Desert parks.
Item 2E-1
City of Palm Desert
Ordinance Amending PDMC Chapter 11.01
Page 2 of 2
FINANCIAL IMPACT:
There will be minimal costs associated with purchasing signage for Palm Desert parks.
REVIEWED BY:
Department Director: Eric Ceja
City Attorney: Isra Shah
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Ordinance
Item 2E-2
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING TITLE 11 PARKS, CHAPTER 11.01
GENERAL PROVISIONS, PROHIBITING MYLAR BALLOON USE IN CITY
PARKS, AND MAKING A FINDING OF EXEMPTION UNDER CEQA
WHEREAS, balloons made of foil, metallic foil, or other electrically conductive
material, also known as Mylar Balloons, pose a safety hazard when released into the air
as they can cause power outages, explosions, downed power lines and damaged
infrastructure when coming near or into direct contact with high-voltage power lines,
resulting in costly repairs and/or hours of power outages affecting City of Palm Desert
residents and businesses; and
WHEREAS, State law prohibits the outdoor release of any balloon made of
electrically conductive material that is inflated with a gas lighter than air (California Penal
Code Section 653.1), and requires an object of sufficient weight to be affixed to each
balloon at the time of sale or distribution to counter the lift capability of the balloon, and
also requires a permanent warning notice regarding the conductivity and danger of Mylar
Balloons, along with the manufacturer's name printed on the balloon (California Business
& Professions Code Section 22942); and
WHEREAS, on September 18, 2022, AB 847 Electrically Conductive Balloons was
chaptered into state law, further requiring any person who sells, offers for sale, or
manufacturers for sale in this state, any foil balloon, shall comply with the standardized
testing requirements to be established by the Institute of Electrical and Electronics
Engineers (IEEE) ensuring the balloon will not cause a fault at high-voltage electric
distribution levels no later than four (4) years from the commencement date, or on or
around January 1, 2031 (California Business & Professions Code Section 22942); and
WHEREAS, the City of Palm Desert desires to implement an additional measure
to prohibit the use of Mylar balloons at City parks to mitigate the dangerous impacts from
these balloons coming into contact with power lines and otherwise creating a negative
impact on the environment; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Recitals. The recitals above are each incorporated by reference and
adopted as findings by the City Council.
SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Title 11
Parks, Chapter 11.01 General Provisions, Section 11.01.010 Definitions is hereby
amended to include the definition of “Foil balloon” in alphabetical order as follows:
Item 2E-3
Ordinance No. ____ Page 2
“Foil balloon” means any balloon constructed of electrically conductive material,
including, foil, metallic foil, Mylar or other transparent plastic/polyester resin designed to
be inflated with air or other gas including a gas lighter than air causing it to float, and may
be used for decorative, toy, or entertainment purposes.”
SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Title 11
Parks, Chapter 11.01 General Provisions, Section 11.01.010 Definitions is hereby
amended to include the definition of “Gas lighter than air” in alphabetical order as follows:
“Gas lighter than air” means a gas that has a lower density than normal
atmospheric gases and rises above them as a result, including, but are not limited to
helium, hydrogen, nitrous oxide, methane, and nitrogen.”
SECTION 4. Addition to Municipal Code. Subsection AA. is added to Section
11.01.080 Prohibited conduct generally, Chapter 11.01 General Provisions, Title 11 Parks
of the Palm Desert Municipal Code to read as follows:
“11.01.080 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city, no person shall:
[…]
AA. Possess, bring, decorate with, or use a foil balloon that is filled with a gas
lighter than air.”
SECTION 5. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 6. CEQA. The City Council finds that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA
Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not
anticipated to result in a direct or reasonably foreseeable indirect physical change in the
environment, nor will the proposed changes have the potential for causing a significant
effect on the environment. This Ordinance is further exempt from the provisions of CEQA
pursuant to Section 15308 of the State CEQA Guidelines as an action to assure the
maintenance, restoration, enhancement, or protection of the environment.
Item 2E-4
Ordinance No. ____ Page 3
SECTION 7. 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 ________________, 20___.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on _________, 20___, and adopted at a
regular meeting of the City Council held on __________, 20___, 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 2E-5
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development
REQUEST: REQUEST FOR DIRECTION ON POTENTIAL USE OF RECYCLE FUND
MONIES FOR RESIDENTIAL SOLID WASTE AND RECYCLING RATE
ADJUSTMENT
RECOMMENDATION:
Provide direction to staff on potential use of Recycle Fund Monies for Residential Solid Waste
and Recycling Rate Adjustment.
BACKGROUND/ANALYSIS:
On March 10, 2022, the City Council adopted a resolution approving an amended franchise
agreement with Burrtec Waste and Recycling Services, LLC to collect solid waste, recyclables,
and organic waste. During this meeting, the City Council also conducted a majority protest public
hearing to receive public comment on proposed increases to solid waste and recycling service
rates. The Prop 218 notice that was mailed out to all residents included a proposed rate increase
schedule outlining rates that would be phased in over four years with the initial increase effective
July 1, 2022.
During a Study Session on August 26, 2021, the City Council formed a subcommittee consisting
of Mayor Pro Tem Karina Quintanilla and then Council Member Sabby Jonathon to provide
guidance to staff on Recycle Fund use for rate offset, agreement term, container colorization,
kitchen pails, and outreach. One recommendation that the subcommittee made was to consider
spending approximately $2 million from the Recycle Fund to create a more gradual increase to
residential rates.
Upon recent consultation with the City Attorney, staff was told that because the July 1, 2022, Prop
218 notice outlined annual rate increases through July 1, 2025, the City was not required to send
out another Prop 218 notice or hold another majority protest public hearing on rate increases until
a potential July 1, 2026, increase. As such, staff inadvertently overlooked the recommendation to
bring forth the request for direction on use of Recycle Fund monies to offset the solid waste and
recycling rate increase for residential customers until now.
Staff is hereby requesting direction from City Council on potential use of Recycle Fund monies to
offset the FY 2023/2024 residential rate increase so that we can move forward with a timely
mandatory public hearing and adoption of a resolution on June 22, 2023, for collection of solid
waste charges for individually billed residences to be placed on the County of Riverside
Assessor’s Property Tax Roll.
Item 2F-1
City of Palm Desert
Use of Recycle Fund for Offset of Solid Waste and Recycling Residential Rate Adjustment
Page 2 of 3
FINANCIAL IMPACT:
Per the attached estimated cash flow analysis report of the City’s Recycle Fund from FY 2023/24
to FY 2027/28, if the City Council were to approve use of $2 million from the Recycle Fund to
create a more gradual increase to residential rates between July 1, 2023 – July 1, 2025, by FY
2027/28, the fund would be reduced from just under $3 million to approximately $30,000. For
reference, below are the residential rate increases anticipated through July 1, 2025.
Effective Date Increase Per Residence Per Month
July 1, 2023 $4.71 (actual rate w/ CPI Adjustment)
July 1, 2024 $2.43 + CPI Adjustment
July 1, 2025 $0.63 + CPI Adjustment
Per Burrtec, Palm Desert has just under 30,000 residential customers, and if the City Council opts
to temporarily offset rates, we can reduce the amount selected from the Recycle Fee submitted
as part of the annual franchise payment. The City Council may opt to offset the increases less
significantly rather than using the entire $2 million over a three-year period. Listed below are four
options for City Council consideration:
July 1, 2023, Residential Rate Increase
No Offset Offset by $1.00 per
customer
Offset by $1.50 per
customer
Offset by $2.00 per
customer
Total Increase $4.71 Total Increase $3.71 Total Increase $3.21 Total Increase $2.71
Cost to Recycle Fund
$0.00
*Cost to Recycle Fund
$360,000
*Cost to Recycle Fund
$540,000
*Cost to Recycle Fund
$720,000
**$2,030,905 **$1,670,905 **$1,490,905 **$1,310,905
*Estimated annual Recycle Fee paid to the City by Burrtec is $240,000. Difference to be paid by the
City to Burrtec from the Recycle Fund.
**Ending cash balance (estimated) in FY 2027/2028 from attached Five Year Cash Flow Analysis –
Recycle Fund
Provided below is a list of residential solid waste and recycling rates for all nine Coachella Valley
cities along with their effective dates. Please note that this information was taken from each
respective City’s website, and some may not yet have incorporated rates for organics service
related to SB 1383. As you can see, even with the proposed $4.71 increase for FY 2023/2024,
Palm Desert is still the lowest residential rate in the Coachella Valley.
City Monthly Rate Effective
Palm Desert $19.84 FY 23/24 (Proposed)
La Quinta $21.10 (plus CPI) FY 23/24
Indio $22.43 FY 23/24
Indian Wells $25.37 FY 23/24
Cathedral City $25.69 2023 Calendar Year
Palm Springs $25.93 FY 22/23
Rancho Mirage $28.91 FY 23/24 (Proposed)
Coachella $29.94 FY 22/23
Desert Hot Springs $42.80 FY 22/23
Item 2F-2
City of Palm Desert
Use of Recycle Fund for Offset of Solid Waste and Recycling Residential Rate Adjustment
Page 3 of 3
Important to note is that monies in the Recycle Fund are used to implement programs specifically
related to Solid Waste and Recycling Services, including the new unfunded mandates imposed
by SB 1383 such as edible food recovery contract administration for Tier 1 and Tier 2 generators,
organic waste procurement (i.e., compost and mulch), outreach and education, enforcement,
consultants to manage compliance, etc. Significant reduction of the Recycle Fund could result in
having to use General Fund monies for these mandated services.
Given how early on we are with implementation of the City’s SB 1383 programs and that
commercial enforcement is required to begin in 2024, we really don’t know what true
programmatic costs will be to manage the programs or if other legislation will come in to play
requiring additional funding. For this reason, along with the fact that Palm Desert’s residential rate
is the lowest in the Coachella Valley, even with the FY 2023/2024 increase, staff’s
recommendation is to not utilize Recycle Fund monies to offset the rate increase.
REVIEWED BY:
Department Director: Eric Ceja
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Cash Flow Analysis of Recycle Fund from FY 23/24 – FY 27/28
2. Prop 218 notice from March 10, 2022, meeting
3. FY 23/24 Residential Rates (Proposed)
Item 2F-3
Five Year Cash Flow Analysis - Recycle Fund
RECYCLE FUND CASH FLOW ANALYSIS 2023-24 2024-25 2025-26 2026-27 2027-28
3,000,000$ 2,988,000$ 2,764,150$ 2,531,347$ 2,283,862$
Account No.Description Budget Estimated Estimated Estimated Estimated
3347202 Recycling*Estimated Recycling Grants 50,000$ 13,000$ 13,000$ 13,000$ 13,000$
3611000 Interest Income**Interest on fund balance 20,000$ 15,000$ 15,000$ 10,000$ 10,000$
3657202 Recycling - Wm***Recycling Fees on Rates 430,000$ 430,000$ 440,000$ 450,000$ 465,000$
Projected Total Revenue 500,000$ 458,000$ 468,000$ 473,000$ 488,000$
Account No.Description Budget Estimated Estimated Estimated Estimated
4100100 Salaries/Benefits*-$ 109,850$ 118,803$ 128,485$ 138,957$
-$ 109,850$ 118,803$ 128,485$ 138,957$
4309000 Professional - Other 170,000$ 180,000$ 190,000$ 200,000$ 210,000$
100,000$ 125,000$ 125,000$ 125,000$ 125,000$
70,000$ 70,000$ 70,000$ 70,000$ 70,000$
50,000$ 75,000$ 75,000$ 75,000$ 75,000$
Subtotal 390,000$ 450,000$ 460,000$ 470,000$ 480,000$
4219000 Supplies - Other 40,000$ 40,000$ 40,000$ 40,000$ 40,000$
15,000$ 15,000$ 15,000$ 15,000$ 15,000$
55,000$ 55,000$ 55,000$ 55,000$ 55,000$
4312000 Conferences/Seminars 20,000$ 25,000$ 25,000$ 25,000$ 25,000$
20,000$ 25,000$ 25,000$ 25,000$ 25,000$
4361000 Printing/Duplicating 30,000$ 30,000$ 30,000$ 30,000$ 30,000$
15,000$ 10,000$ 10,000$ 10,000$ 10,000$
45,000$ 40,000$ 40,000$ 40,000$ 40,000$
4363000 Dues 2,000$ 2,000$ 2,000$ 2,000$ 2,000$
2,000$ 2,000$ 2,000$ 2,000$ 2,000$
Projected Total Expenditures 512,000$ 681,850$ 700,803$ 720,485$ 740,957$
(12,000)$ (223,850)$ (232,803)$ (247,485)$ (252,957)$
2,988,000$ 2,764,150$ 2,531,347$ 2,283,862$ 2,030,905$
Subtotal
Beginning Cash Balance (estimated)
Revenues
Sources
Expenditures
Advertisements
Subtotal
SWANA/CRRA/ISRI
Used Oil Events Supplies
Subtotal
SWANA/CRRA/ISRI
Subtotal
Scope of Work
*Potential new position to assist with compliance beginning in FY 24/25, assumed 3% COLA and 5% annual merit increase thereafter
** Net excess of revenue over expenditures increases fund balance. Net deficit decreases fund balance.
Net Excess (Deficit) Projected**
Ending Cash Balance (estimated)
*23/24 Includes competitive grant funding. Subsequent years include only guaranteed City/County payment received for bottles/cans recycling programs.
**Estimated interest decreases over time due to projected market forecast.
***Includes annual fees received from Burrtec and funds received from Riverside County Assessor's Office for residental tax roll billing.
Mailings
Recycling Coordinator
Subtotal
HHW Operating Charges
Consulting Services
Recycling Field Consultant
Misc SB 1383 Compliance
Recycling Containers
Item 2F-4
Item 2F-5
Item 2F-6
Item 2F-7
Item 2F-8
Rate Category
Customer Rates
(July 1, 2022 - June 30,
2023)
Individually Billed Customers (Tax Roll Billed)
- 96 Gallon Carts $15.13 $19.84 per unit per month*
- 64 Gallon Carts $12.48 $17.05 per unit per month*
- 32 Gallon Carts $9.80 $14.23 per unit per month*
Marrakesh Rate (2x/week Collection)$29.43 $34.90 per unit per month*
Automated Walk-in Fee - for Three Carts $22.00 $23.17 per unit per month
Automated Walk-in Fee - additional Carts $11.00 $11.58 per cart per month
Manual Refuse Curbside Service
Manual Refuse Curbside Service $16.46 $21.24 per unit per month*
Manual Walk-in Service $27.44 $32.80 per unit per month*
Manual In-Ground Can $26.13 $31.42 per unit per month*
Master-Billed Customers
- 96 Gallon Carts $13.67 $18.30 per unit per month*
- 64 Gallon Carts $11.30 $15.81 per unit per month*
- 32 Gallon Carts $8.94 $13.32 per unit per month*
Automated Walk-in Fee - for Three Carts (4)$19.58 $20.62 per unit per month
Manual Refuse Curbside Service
- Single Family or Multi-Family 1x/wk. Collection $14.86 $19.56 per unit per month*
- Single Family or Multi-Family 2x/wk. Collection $18.99 $23.91 per unit per month*
- Mobile Home Park $13.67 $18.30 per unit per month*
- Manual In-Ground Can $18.40 $23.29 per unit per month*
- Manual In-Ground Can 2x/wk. Collection $22.55 $27.66 per unit per month*
Refuse Carts
- 96 Gallon Carts $6.66 $7.01 per cart per month
- 64 Gallon Carts $5.32 $5.60 per cart per month
- 32 Gallon Carts $4.01 $4.22 per cart per month
Organic Materials or Recyclable Materials Cart $2.95 $3.11 per cart per month
Other Residential Services
Extra Pick-up of all Carts (upon Customer request only)$50.00 $52.65 per pickup
Residential Cart Contamination fee $10.00 $10.53 per cart per
occurrence
Replacement Kitchen Pail (upon Customer request only)$7.00 $7.35
Bulky Item Pick-ups
Single-Family - includes four items no charge no charge
Multi-Family Complex - includes four items (per Section 4.5.2)no charge no charge
Bulky Items - Over allotted 4 items per pickup $14.91 $15.70 per additional item
Bulky Item Pick-up - Multi-Family Complexes over allotted pick-ups per
Section 4.5.2 (4 item limit)$62.88 $66.21 per pickup
Restart Fee - (2)$21.26 $22.39 per occurrence
Returned Check Fee $25.26 $26.60 per check
Cart Exchange - Entire HOA Section 4.3.1.2 $6.00 $6.32 per cart
HHW Service Charge (3)$19.58 $20.62 per stop
(1) Per unit for single and Multi-Family Dwellings with Cart service.
(2) Following voluntary or involuntary suspension of service.
(3) Company to invoice the City for at-home HHW Collection service per section 4.7.14.A.9.
Exhibit A - Residential Maximum Rates
City of Palm Desert
(4) Disabled Persons, identified as those meeting the DMV requirement for N1-Permanent disabled parking placard, shall receive such service
for no additional charge per Section 4.3.4.
Automated Cart Service Based on Refuse Cart Size - Includes one Refuse, one Recycling, and one Organic Materials Cart
(1)
Automated Cart Service - Includes one Refuse, one Recycling, and one Organic Materials Cart (1)
Additional Residential Carts for Individual or Master-Billed Customers
* These Residential rates are subject to the special rate adjustment phase-in identified in Section 6.9.
Customer Rates
(July 1, 2023 - June 30, 2024)
Item 2F-9
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