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HomeMy WebLinkAbout0 Agenda Packet 2023-07-13 (43MB)CITY OF PALM DESERT PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (HYBRID MEETING) 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 REGULAR MEETING AGENDA Thursday, July 13, 2023 3:15 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, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 10 3:15 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 for up to three minutes. 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: June 22, 2023 B. Conference with Real Property Negotiat ions pursuant to Government Code Section 54956.8: 1. Property Description: 72-559 Highway 111 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Palm Desert Area Chamber of Commerce Under Negotiation: Price and Terms 2. Property Description: 9002 Shadow Ridge Road Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Marriott Ownership Resorts Under Negotiation: Price and Terms C. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation. 4:00 P.M. REGULAR MEETING RECONVENE REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Councilmember Nestande INSPIRATION: Councilmember Harnik REPORT OF CLOSED SESSION: City Attorney Hargreaves AGENDA Thursday, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 10 AWARDS, PRESENTATIONS, AND APPOINTMENTS CITY MANAGER COMMENTS A. FOURTH OF JULY CELEBRATION UPDATE B. OUTDOOR WORKER APPRECIATION DAY 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 for up to three minutes. 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 June 22, 2023. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued from January 14 through June 30, 2023. C. APPROVE SPONSORSHIP FOR CELEBRATE CV EVENT RECOMMENDATION: 1. Approve sponsorship in the amount of $25,000 for the Celebrate CV event scheduled for December 30, 2023. 2. Authorize the Director of Finance to appropriate $25,000 to Account No. 1104800-4306201, from available General Fund Reserves. D. APPROVE REVISIONS TO THE CITY OF PALM DESERT’S PUBLIC ART DEACCESSIONING POLICY RECOMMENDATION: Approve revisions to the City of Palm Desert’s Public Art Deaccessioning Policy for the City’s permanent public art collection. AGENDA Thursday, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 10 E. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS (APN) 627-101-002, 627-101-017, 627-101-033, 627-101-061, 627-101-062, AND ADJACENT RIGHT OF WAY SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert properties with APNs 627-101-002, 627-101-017, 627-101-033, 627-101-061, 627-101-062, and adjacent Right of Way surplus land for purposes of the Surplus Land Act. 2. Authorize staff to release a Notice of Availability for the sale of the properties. F. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS (APN) 640-370-018 AND 640-370-016 SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert properties with APNs 640-370-018 and 640-370-016 surplus land for purposes of the Surplus Land Act. 2. Authorize staff to release a Notice of Availability for the sale of the properties. G. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTY WITH ASSESSOR’S PARCEL NUMBER 627-164-012 SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert property with APN 627-164-012 surplus land for purposes of the Surplus Land Act. 2. Authorize staff to release a Notice of Availability for the sale of the property. H. APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2023-24 RECOMMENDATION: Approve a Resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2005-1 (University Park) for Fiscal Year 2023-24. I. APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2023-24 RECOMMENDATION: Approve Resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2021-1 (University Park) for Fiscal Year 2023-24. AGENDA Thursday, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 10 J. APPROVE A ONE YEAR EXTENSION TO THE CONTRACT BETWEEN THE CITY OF PALM DESERT AND CIRCUIT TRANSIT, INC., TO PROVIDE EL PASEO COURTESY CART SERVICES FOR FISCAL YEAR 2023/24 RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C43540 with Circuit Transit, Inc., in an amount not to exceed $219,241.02, including regularly scheduled, special events and flex hours for the operation of the El Paseo Courtesy Cart Program during Fiscal Year 2023/24. 2. Authorize the City Manager to execute said contract and allow the City Attorney to make non-substantive changes. K. HOUSING AUTHORITY: RATIFICATION OF MULTIPLE VENDOR CONTRACTS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY PROPERTIES IN THE AGGREGATE AMOUNT NOT TO EXCEED $270,000 RECOMMENDATION: 1. Ratify the award of multiple vendor contracts for construction management services entered between the City of Palm Desert and Anser Advisory Management LLC, MARRS Services, Inc., and MAAS Companies, Inc., to support the completion of capital improvement projects at the Housing Authority properties in the aggregate amount not to exceed $270,000. 2. Authorize the City to administer the contracts on behalf of the Housing Authority and authorize the City Manager to execute said contracts and subsequent task orders. 3. Authorize Director of Finance to transfer $100,000 from Housing Authority Account No. 8714195-4309200 to Account No. 8714195-4331100 for Fiscal Year 2022/23. 4. Direct the Director of Finance and Director of Public Works/Capital Projects to review annual expenditures and performance of the vendors under said contracts. 5. Authorize the contracts subject to the City Attorney’s non-monetary changes as to form. L. HOUSING AUTHORITY: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT HA 40360 WITH SOUTHWEST PROTECTIVE SERVICES, INC., FOR COURTESY PATROL SERVICES AT PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL AMOUNT NOT TO EXCEED $145,517.20 RECOMMENDATION: 1. Approve Amendment No. 2 to Contract HA 40360 with Southwest Protective Services, Inc., for courtesy patrol services at the Palm Desert Housing Authority properties effective September 1, 2023, for an additional one (1) year term in a total annual amount not to exceed $145,517.20 (includes an annual amount not to exceed $135,517.20 and up to $10,000 for additional services to be requested as needed). 2. Authorize the Executive Director to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. AGENDA Thursday, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 10 M. RECEIVE AND FILE A LETTER OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ GRANT APPLICATION TO THE CALIFORNIA TRANSPORTATION COMMISSION'S LOCAL TRANSPORTATION CLIMATE ADAPTATION PROGRAM RECOMMENDATION: Receive and file the letter of support for Coachella Valley Association of Governments’ grant application for the ACCESS Indian Canyon Project to the California Transportation Commission's Local Transportation Climate Adaptation Program. N. HOUSING AUTHORITY: APPROVE A RESOLUTION ADOPTING A RECORDS MANAGEMENT AND RETENTION POLICY RECOMMENDATION: Approve a Resolution adopting the Records Management Policy and Records Retention Schedules of the City of Palm Desert to apply to the Palm Desert Housing Authority, except as otherwise preempted by federal, state, or local law. O. REJECT ALL PROPOSALS FOR BUMP & GRIND TRAILHEAD RESTROOM PROJECT AND AUTHORIZE STAFF TO READVERTISE FOR PROPOSALS (PROJECT NO. 956-23) RECOMMENDATION: 1. Reject all proposals presented for Bump & Grind Trailhead Restroom Project. 2. Authorize Public Works staff to readvertise the project. P. RATIFY THE CITY MANAGER’S APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C40620 FOR THE DRAINAGE IMPROVEMENTS AT FIRE STATION NO. 71-COUNTRY CLUB DRIVE (PROJECT NO. 562-23) RECOMMENDATION: Ratify the City Manager’s approval of Change Order No. 2 to C40620 with Pro-Craft Construction for drainage improvements at Fire Station No. 71- Country Club Drive, in the amount of $125,000. Q. AUTHORIZE THE TRANSFER OF DEVELOPER DEPOSIT FOR PORTOLA AVENUE MEDIAN AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE PROJECT (PROJECT NO. 937-23/MLS00027) RECOMMENDATION: Authorize the Director of Finance to transfer developer deposit in the amount of $151,200 from Deposit Account No. 4000000-2220000 to Project Account No. 4004614-4337001 for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation. R. APPROVE FIRST AMENDMENT TO THE AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C43390 in the amount of $890,000 with Idea Peddler for marketing services. 2. Authorize the City Attorney to make non-substantive changes to the amendment and the City Manager to execute the agreement on behalf of the City. AGENDA Thursday, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 10 S. ADOPT A RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2024 RECOMMENDATION: Adopt a Resolution establishing dates for regular meetings of the Palm Desert City Council for the calendar year 2024. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. AWARD CONTRACT TO PALM SPRINGS LIFE / DESERT PUBLICATIONS, INC., TO PRODUCE PALM DESERT’S 50TH ANNIVERSARY CELEBRATION RECOMMENDATION: 1. Approve Contract with Palm Springs Life/Desert Publications, Inc., in the amount of $350,000 to produce Palm Desert’s 50th Anniversary Celebration scheduled for November 18, 2023. 2. Authorize staff to finalize negotiations of the Contract. 3. Authorize the City Manager to execute Contract, subject to the satisfaction of the City Attorney. 4. Authorize Director of Finance to appropriate $270,000 to Account No. 1104800-4306101, from available General Fund Reserves. B. APPROVE CONTRACT WITH COACHELLA VALLEY WATER DISTRICT FOR UTILITY CONFLICT RELOCATION IN ROUNDABOUT AT SAN PABLO AVENUE AND SAN GORGONIO WAY RECOMMENDATION: 1. Approve a Contract with Coachella Valley Water District (CVWD) for Utility Conflict Relocation at San Pablo Phase 1 Roundabout in the amount of $115,000 to prepare for installation of Sunburst sculpture by artist Donald Gialanella. 2. Approve project contingency in the amount of $30,000. 3. Authorize Director of Finance to appropriate $145,000 to the Restricted Capital Project Fund Account No. 4514342-4400100. 4. Authorize City Attorney to make any necessary, non-monetary changes to the CVWD Contract. 5. Approve gas line relocation by SoCalGas. 6. Authorize City Manager to sign all documents and waive all permit fees associated with execution of this project. AGENDA Thursday, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 10 C. AWARD CONTRACT NO. C45240 IN THE AMOUNT OF $3,057,420 TO MATICH CORPORATION OF SAN BERNARDINO, CALIFORNIA, FOR THE FRED WARING DRIVE STREET REHABILITATION PROJECT (PROJECT NO. 752-23/MST00008) RECOMMENDATION: 1. Make a finding that the project is categorically exempt from further review under the California Environmental Quality Act guidelines, Class 1 of Section 15301, and authorize the City Engineer to submit a Notice of Exemption. 2. Award Contract No. C45240, including bid alternate #1, in the amount of $3,057,420 to Matich Corporation of San Bernardino, California, for the Fred Waring Drive Street Rehabilitation Project. 3. Authorize the Director of Finance to set aside a 10% contingency in the amount of $306,000. 4. Authorize the Director of Finance to set aside an early completion incentive in the amount of $300,000. 5. Authorize the City Manager to review and approve written requests for the use of contingency for unanticipated conditions, per Section 3.30.170 Section B of Ordinance No. 1392. 6. Authorize the City Manager to review and approve the use of incentive funds if the requisite conditions have been met. 7. Authorize the City Manager or designee to execute the Agreement and the City Attorney to make non-monetary changes to the contract. 3. PUBLIC HEARINGS A. APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE CROSSINGS AT PALM DESERT APARTMENT PROJECT RECOMMENDATION: 1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Sixty Million Dollars $60,000,000.00 (the “Bonds”), to finance the acquisition, construction and development of the 176-unit Crossings at Palm Desert Apartments, a multifamily rental housing project located at located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert, California (the “Project”) and receive public comments. 2. Adopt a resolution in the form attached hereto approving the issuance of the Bonds by CSCDA for the benefit of A0357 Palm Desert, L.P., a California Limited Partnership (the "Borrower") a partnership of which Urban Housing Communities, LLC (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. AGENDA Thursday, July 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 9 of 10 B. APPROVE A POWER PURCHASE AGREEMENT WITH FOREFRONT POWER FOR THE DESERT WILLOW OVERFLOW LOT PHOTOVOLTAIC PROJECT (PROJECT NO. 777-14/CFA00005) RECOMMENDATION: 1. Conduct a Public Hearing and adopt a Resolution finding that the project will result in net cost savings to the City over the life of the 20-year contract and finding that the project is categorically exempt from further review pursuant to the requirements of the California Environmental Quality Act (CEQA). 2. Authorize the City Manager to execute the Power Purchase Agreement for the Photovoltaic Systems at the planned Overflow Lot. 3. Authorize the City Manager to negotiate non-monetary changes and clarifications to the agreements, in consultation with the City Attorney, as may be required to carry out the intent of the agreement. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, July 13, 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 de signated 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 provide d 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 Thursday, June 22, 2023 Minutes of the Regular Meeting of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) STUDY SESSION: A Study Session was called to order by Mayor Kelly on Thursday, June 22, 2023, at 2:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. All members of the City Council were present. The City Council received informational presentations regarding a Broadband Feasibility and Master Plan Study and the North Palm Desert Community Park design. The City Council also provided feedback on allowing right-of-way encroachments for railings and planters for outdoor dining on a case-by-case basis. No formal actions were taken on these topics. The City Council recessed at 3:27 p.m. and reconvened to call the regular meeting to order at 3:38 p.m. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, June 22, 2023, at 3:38 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. RECESS TO CLOSED SESSION: There being no member of the public wishing to speak on any closed session items, the City Council recessed to Closed Session and reconvened at 4:22 p.m. ROLL CALL: Present: Councilmembers Jan Harnik, Gina Nestande*, Karina Quintanilla, and Evan Trubee; and Mayor Kathleen Kelly. *Councilmember Nestande remote participated in accordance with AB 2449. Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Trubee led the Pledge of Allegiance. Item 1A-1 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES INSPIRATION: Mayor Kelly offered words of inspiration. REPORT OF CLOSED SESSION: Assistant City Attorney Shah announced that no reportable actions were taken. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION - GAY PRIDE MONTH Mayor Kelly presented a proclamation to Dave Powell and members of the Desert Business Association, expressing support for the LGBTQ+ community and recognizing the month of June as Gay Pride Month. CITY MANAGER COMMENTS A. BLOW SAND MITIGATION UPDATE Deputy Director of Public Works Chavez narrated a PowerPoint presentation and responded to City Council inquiries. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported their attendance at various meetings and events. Mayor Pro Tem Quintanilla requested staff consider replacing the American flag at City Hall. NON-AGENDA PUBLIC COMMENTS: Michael McDaniel, Director of Donor Recruitment for LifeStream, encouraged residents to participate in the Nine Cities Challenge which set a goal to collect 1,500 pints of blood. Lesley Miller, Palm Desert resident, urged the City Council to assist her in preserving her front yard trees, noting that Southern California Edison provided a notice regarding imminent removal of the tree(s). Mike Stafford, Palm Desert resident, spoke about the Coachella Valley Water District’s (CVWD) repeated late-night construction near the Genesis community and stated nearby residents were not notified of the work. City Manager Hileman advised that staff is working with Mr. Stafford and CVWD to address the nighttime construction; advised that Public Works will contact Ms. Miller to see if they City can assist her in preservation of the tree. Item 1A-2 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to approve the consent calendar with the removal of Item 1U for separate consideration and the deletion of Item 1S from the agenda. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to approve the Minutes of June 8, 2023. B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to approve warrants issued from June 1 through June 8, 2023. C. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C37370 IN THE AMOUNT OF $175,000 WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OPERATIONS OF THE PALM DESERT IHUB MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0 to: 1. Approve Amendment No. 1 to Contract No. C37370 in the amount of $175,000 with the Coachella Valley Economic Partnership (CVEP) for operations of the Palm Desert iHUB. 2. Authorize the City Attorney to make non-substantive changes to the agreement. 3. Authorize the City Manager to execute the Amendment. D. APPROVE THE INFORMATION SYSTEMS DEPARTMENT TECHNOLOGY EQUIPMENT PURCHASES IN AN AGGREGATE AMOUNT NOT TO EXCEED $190,000 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to approve the Information Systems Department technology equipment purchases in an aggregate amount not to exceed $190,000 and authorize City Manager to execute agreements. E. APPROVE ANNUAL COMPUTER SOFTWARE AND HARDWARE MAINTENANCE FOR THE LISTED VENDORS IN THE ESTIMATED AMOUNT OF $975,600 AND AUTHORIZE CITY MANAGER TO EXECUTE RENEWAL AGREEMENTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Approve annual computer software and hardware maintenance costs for the listed vendors in the estimated amount of $975,600. 2. Authorize the City Manager to execute renewal agreements. Item 1A-3 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES F. APPROVE A TEMPORARY WAIVER TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 (CONSUMPTION/ POSSESSION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY) FOR THE SALE AND CONSUMPTION OF ALCOHOL AT THE GALEN BUILDING LOCATED AT 72567 HIGHWAY 111 FOR FISCAL YEAR 2023/2024 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Authorize the City Manager to approve up to ten (10) temporary events waivers to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 (Consumption/Possession of Alcoholic Beverages on Public Property) at the Galen Building (72567 Highway 111) as needed for fiscal year 2023/2024. 2. Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required. G. APPROVE A TEMPORARY WAIVER TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 (CONSUMPTION/ POSSESSION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY) FOR THE SALE AND CONSUMPTION OF ALCOHOL AT THE HENDERSON BUILDING LOCATED AT 72559 HIGHWAY 111 FOR FISCAL YEAR 2023/2024 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Authorize the City Manager to approve up to five (5) temporary events waivers to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 (Consumption/Possession of Alcoholic Beverages on Public Property) at the Henderson Building (72559 Highway 111) as needed for fiscal year 2023/2024. 2. Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required. H. HOUSING AUTHORITY – AWARD AGREEMENT NO. HA45510 FOR HVAC MECHANICAL SYSTEMS WITH JOHN HARRISON CONTRACTING, INC., IN AN AMOUNT NOT TO EXCEED $190,000 PLUS CONTINGENCY MOTION BY COUNCILMEMBER TRUBEE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Award Agreement No. HA45510 for HVAC Mechanical Systems Services with John Harrison Contracting, Inc., for a period of three years, plus two one-year extensions at the Housing Authority residential rental properties, in an amount not to exceed $190,000 annually plus $28,500 for 15% contingency. 2. Authorize RPM Company, the Housing Authority’s contracted management company, to monitor the Agreement and authorize additional services within the contingency amount as determined to be necessary due to emergency actions and/or to proactively respond to the needs of the Properties. 3. Authorize the Executive Director to execute the Agreement and any documents necessary to effectuate the actions taken herewith and amend the terms as may be necessary. Item 1A-4 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 5 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES I. HOUSING AUTHORITY – ADOPT RESOLUTION NO. HA-114 ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FY 2023-24 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to adopt Housing Authority Resolution No. HA-114 establishing dates for regular meetings of the Palm Desert Housing Commission during FY 2023-24. J. ESTABLISH QUALIFIED VENDOR LIST FOR FISCAL YEAR 2023-24 AND 2024-25 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Approve the Qualified Vendor List for the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, the Palm Desert Housing Authority, and Desert Willow Golf Resort in accordance with Ordinance No. 1392 (Purchasing Ordinance). 2. Authorize City Manager to approve additional qualified submissions from vendors throughout the fiscal year. K. RESOLUTION NO. 2023-030 TO AUTHORIZE THE DESTRUCTION OF OBSOLETE RECORDS FROM THE CITY CLERK AND CITY MANAGER DIVISIONS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to adopt Resolution No. 2023-030 authorizing the destruction of obsolete records from the City Clerk and City Manager Divisions pursuant to the California Government Code Section 34090. L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1396 AMENDING CHAPTER 11 (PARKS) AS RELATED TO FACILITY CLASSIFICATIONS AND ALLOWABLE USE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1396. M. SECOND READING AND ADOPTION OF ORDINANCE NO. 1397 AMENDING TITLE 11 PARKS, CHAPTER 11.01 GENERAL PROVISIONS, PROHIBITING MYLAR BALLOON USE IN CITY PARKS, AND MAKING A FINDING OF EXEMPTION UNDER CEQA MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1397. N. LETTER OF OPPOSITION TO SENATE BILL 584 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to authorize the Mayor to issue a letter of opposition to Senate Bill 584 – Laborforce Housing: Short-Term Rental Tax Law. Item 1A-5 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 6 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES O. HOUSING AUTHORITY – RATIFICATION OF CONTRACT NO. A45110 WITH DEMO UNLIMITED, INC., IN THE AMOUNT OF $51,683.55 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Ratify the Executive Director’s authorization of Contract A45110 entered with Demo Unlimited, Inc., in the amount of $51,683.55 for the removal of ten carports at One Quail Place pursuant to Section 3.30.160 of the Palm Desert Municipal Code. 2. Appropriate $51,683.55 from the Housing Authority’s Committed Reserve Funds to Account Number 8714195-4331100, Housing Authority Replacement Expenditures. P. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C37610 WITH WILLDAN FINANCIAL SERVICES FOR COMPREHENSIVE USER FEE STUDY AND COST ALLOCATION PLAN MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Contract No. C37610 with Willdan Financial Services for Comprehensive User Fee Study and Cost Allocation Plan. 2. Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions in an additional amount not to exceed $15,000. 3. Authorize the City Manager to execute the subject amendment. Q. AWARD CONTRACT NO. C45010 IN THE AMOUNT OF $325,509 TO MLC CONSTRUCTORS, INC., OF CORONA, CALIFORNIA, FOR THE 2022-2023 BRIDGE PREVENTATIVE MAINTENANCE PROGRAM (PROJECT NO. P 759-23/MFA00007) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Award Contract No. C45010 in the amount of $325,509 to MLC Constructors, Inc., of Corona, California, for the 2022-2023 Bridge Preventative Maintenance Program. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $32,551. 3. Authorize the City Manager to review and approve written requests for the use of contingency for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1392. 4. Authorize City Manager or designee to review and approve written contract amendment requests up to the contingency amount. 5. Authorize the City Manager or designee to execute the Agreement and the City Attorney to make non-substantive changes to the contract. Item 1A-6 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 7 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES R. AWARD CONTRACT NO. C45210 IN THE AMOUNT OF $195,844 TO UNITED STORM WATER, INC., FOR THE FY 2022/23 CATCH BASIN AND DRAIN CLEANING PROJECT (PROJECT NO. 501-23/CDR00002) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Award Contract No. C45210 in the amount of $195,844 to United Storm Water, Inc., of City of Industry, California, for the FY 2022/23 Catch Basin and Drain Cleaning Project. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $19,585. 3. Authorize the City Manager to review and approve written requests for the use of contingency for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1392. 4. Authorize City Manager or designee to review and approve written contract amendment requests up to the contingency amount. 5. Authorize the City Manager to execute the Agreement and the City Attorney to make any non-substantive changes to the contract. S. APPROVE A ONE (1) YEAR EXTENSION TO THE CONTRACT BETWEEN THE CITY OF PALM DESERT AND CIRCUIT TRANSIT, INC., TO PROVIDE EL PASEO COURTESY CART SERVICES FOR FISCAL YEAR 2023/24 This item was deleted from the agenda at the request of staff. Item 1A-7 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 8 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES T. APPOINT AND REAPPOINT APPLICANTS TO THE CITY OF PALM DESERT’S ESTABLISHED BOARDS, COMMISSIONS, COMMITTEES, AND TASKFORCES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to appoint/Reappoint individuals to serve on the City of Palm Desert’s appointed bodies as follows: Architectural Review Commission James Blakeley (term ending June 30, 2026) Building Board of Appeals Joseph Gaugush Civic Engagement Committee John Holan (term ending June 30, 2026) Robin Stewart (term ending June 30, 2026) Franchon-Marie Siddiq (term ending June 30, 2026) Cultural Arts Committee Maureen Boren Pia Rose Debra Norby (Alternate) Kristen Olson Stone (Alternate) Cultural Resources Preservation Committee Kim Housken David Toltzmann Linda Vassalli Finance Committee Gretchen Heuring Homelessness Taskforce Rosemary Fisher-Anaya Housing Commission Jann Buller Kathleen Bauer Franchon-Marie Siddiq Marketing Committee Rolf Hoehn Ray Rodriguez Parks & Recreation Committee John Maldonado Dan Rademacher (Alternate) Planning Commission John Greenwood Joseph Pradetto Public Safety Committee Terry Kramer Douglas Luhring Kevin Wahlstrom Stephen Nelson (Alternate) Resource Preservation & Enhancement Committee Berlinda Blackburn Geoffrey Gregory Gustavo Gomez U. ACCEPT GRANT FROM COACHELLA VALLEY MOUNTAINS CONSERVANCY CLIMATE RESILIENCE & COMMUNITY ACCESS PROGRAM IN THE AMOUNT OF $300,000 (PROJECT NO. CPK00002) This item was removed for separate consideration on Page 10 of these Minutes. Item 1A-8 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 9 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES V. EXTEND PALM DESERT AQUATIC CENTER MARKETING SERVICES CONTRACT WITH FG CREATIVE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Authorize the first of two possible one-year extension options of Contract No. A43790 with FG Creative for Palm Desert Aquatic Center Marketing Services. 2. Authorize the City Attorney to make non-substantive changes to the Contract and the City Manager to execute the Contract on behalf of the City. W. CITY COUNCIL AND SUCCESSOR AGENCY – ADOPT RESOLUTION NO. 2023-017 DECLARING EIGHT (8) CITY OF PALM DESERT OWNED PARCELS AND RESOLUTION NO. SA-RDA 100 DECLARING SEVEN (7) PALM DESERT SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OWNED PARCELS LOCATED ON DESERT WILLOW DRIVE SURPLUS LAND AND AUTHORIZE STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE FIFTEEN (15) PARCELS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-017 declaring City of Palm Desert owned properties located on Desert Willow Drive with Assessor’s Parcel Numbers (APN) 620-370-002 (.20 acres), 620-370-003 (.20 acres), 620-370-004 (1.56 acres), 620-370-017 (.69 acres), 620-370- 018 (1.02 acres), 620-370-020 (3.61 acres), 620-370-033 (.94 acres), 620-370-043 (2.92 acres) surplus for the purposes of the Surplus Land Act (SLA). 2. Adopt Resolution No. SA-RDA 100 declaring Palm Desert Successor Agency to the Redevelopment Agency (SARDA) properties located on Desert Willow Drive with APNs 620-450-012 (16.91 acres), 620-450-013 (1.37 acres), 620-450-014 (.45 acres), 620-450- 016 (.85 acres), 620-450-017 (.19 acres), 620-450-018 (.67 acres), 620-450-020 (13.67 acres) surplus for the purposes of the SLA. 3. Authorize staff to release a Notice of Availability for the sale of the fifteen (15) properties as a single unit. X. APPROVE A THIRD AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR THE ADDITION OF A SCHOOL RESOURCE OFFICER MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to approve a third amendment to the agreement for law enforcement services between the City of Palm Desert and the County of Riverside for the addition of a school resource officer at Palm Desert Charter Middle school and authorize the Mayor to execute the amendment. Item 1A-9 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 10 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES CONSENT ITEMS HELD OVER: U. ACCEPT GRANT FROM COACHELLA VALLEY MOUNTAINS CONSERVANCY CLIMATE RESILIENCE & COMMUNITY ACCESS PROGRAM IN THE AMOUNT OF $300,000 (PROJECT NO. CPK00002) Mayor Pro Tem Quintanilla expressed her gratitude to staff for working to secure the grant. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY MAYOR KELLY, CARRIED 5-0, to: 1. Accept grant from Coachella Valley Mountains Conservancy Climate Resilience & Community Access program in the amount of $300,000 for the North Sphere Regional Park Improvements Project. 2. Authorize the City Manager to execute the agreement and all other documents associated with this grant. 2. ACTION CALENDAR: A. APPROVE OUTSIDE AGENCY FUNDING FOR FISCAL YEAR 2023-24 Director of Finance Chavez presented the staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve the award of Outside Agency Funding in the amount of $183,450 to the agencies listed on the staff report with associated restrictions and conditions, including confirmation of event prior to distribution, if applicable. 2. Authorize the Finance Director to consider alternative requests during the year provided the request is consistent with the original request. 3. Pending approval of the FY 2023-24 City of Palm Desert Financial Plan, authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. Item 1A-10 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 11 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. PROVIDE STAFF DIRECTION TO PROCEED WITH ALTERNATIVE DESIGN OPTIONS FOR LUPINE PLAZA PROJECT (PROJECT NO. CST00015) Economic Development Director Ceja narrated a PowerPoint presentation and responded to City Council inquiries. The following individuals spoke in support of Lupine Plaza Option 1, “Slow Street”: • Josi Boelzner, Palm Desert business owner • Paul Goodman, Palm Desert business owner • Cathy Green, Palm Desert business owner • Samuel Heaton, Palm Desert business owner MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Direct staff to proceed with Design Option No. 1 from the conceptual design study prepared by M.I.G. for improvements to Lupine Lane and to prepare the necessary construction drawings, California Environmental Quality Act analysis, engineering services, and all other services associated with the final design and construction of a permanent Lupine Plaza. 2. Authorize the City Manager to sign and make necessary changes and amendments to the contract with Interwest Consulting Group, Inc. (“Interwest”) to reflect changes to the project scope. 3. Authorize Director of Finance to reduce budget allocation to desired Option amount for the project. C. REQUEST FOR DIRECTION REGARDING THE PALM DESERT LIBRARY Assistant City Manager Escobedo narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to endorse staff pursuing withdrawal from the County system and pursue the establishment of a municipally-owned Palm Desert Library. Item 1A-11 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 12 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES D. RESOLUTIONS NO. 2023-018 AND HA 115: CITY COUNCIL AND HOUSING AUTHORITY - JOINT CONSIDERATION FOR APPROVAL OF ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120-028 AND A PORTION OF 694-120-029 AND APPROVING TWO LOAN IN THE AMOUNTS OF $3,425,000 AND $3,330,000 RESPECTIVELY FROM THE CITY AND FROM THE AUTHORITY’S LOW AND MODERATE INCOME HOUSING ASSET FUND FOR THE ACQUISITION AND CONSTRUCTION OF 239 AFFORDABLE HOUSING UNITS AND 2 MANAGER’S UNITS PURSUANT TO AN AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT Housing Manager Gonzales narrated a PowerPoint presentation and responded to City Council inquiries. Dan Horn, Palm Communities developer, shared additional information on the project and the particular funding mechanisms to be used, and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to adopt a City Resolution No. 2023-018 and Housing Authority Resolution No. HA 115: 1. Approving the conveyance by the City of Palm Desert (“City”) of a 10-acre parcel identified as APN 694-120-028 and a 0.49-acre parcel identified as a portion of APN 694-120-029 (collectively, the “Property”) and approving two loans in the amounts of $3,425,000 and $3,330,000 respectively from the City and the Authority’s Low and Moderate Income Housing Asset Fund (“Housing Fund”) to Palm Companies, LLC, (“Developer”) pursuant to an Amended and Restated Disposition, Development and Loan Agreement, substantially in the form attached hereto (“Amended and Restated DDLA”) and its exhibits, for the purchase of the Property and construction of 239 affordable housing units and two manager units in one phase (“Project”). 2. Authorizing the City to make a purchase money loan to the Developer for the purchase price of the Property ($3,425,000), to be repaid from a percentage of residual receipts (i.e., net income) from the Project over the term of the loan, with any accrued interest and unpaid principal coming due 55 years from the completion of the Project, with such loan being secured by a subordinate deed of trust on the Project. 3. Authorizing the Director of Finance to appropriate $3,330,000 from Unobligated Housing Fund balance to the appropriate budget line item(s). 4. Authorizing City/Authority, Mayor/Chairman, staff, and legal counsel to execute and record agreements and documents as described in the Amended and Restated DDLA, or which are otherwise deemed necessary or proper to effectuate the City Council and Authority resolutions, including the conveyance of the Property, the Authority’s funding commitment and related actions for the Project as set forth in the Amended and Restated DDLA. Item 1A-12 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 13 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES E. DISCUSSION REGARDING REDISTRICTING OPTIONS City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries. The following individuals spoke in support of transitioning to five (5) single member districts prior to the November 2024 Election: • Debbie Reed, Palm Desert resident • Linda Salas, Palm Desert resident • Gregg Akkerman, Palm Desert resident • Joan Speer, Palm Desert resident MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to direct staff to take the necessary steps to transition to five (5) single-member districts prior to the November 2024 Election and to eliminate use of Ranked Choice Voting in future elections. 3. PUBLIC HEARINGS A. APPROVE RESOLUTION NO. 2023-019 ADOPTING THE REPORT PROPOSING TO HAVE SOLID WASTE SERVICE CHARGES COLLECTED ON THE PROPERTY TAX ROLL FOR FISCAL YEAR 2023/2024 AND DIRECT THE CITY CLERK TO FILE SAID REPORT WITH THE RIVERSIDE COUNTY AUDITOR CONTROLLER TO PLACE SAID CHARGES ON THE TAX ROLL Deputy Director of Economic Development Lawrence presented a staff report and responded to City Council inquiries. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. No majority protest was filed. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to adopt Resolution No. 2023-019 adopting the report proposing to have solid waste service charges collected on the property tax roll for Fiscal Year 2023/2024 and direct the City Clerk to file said report with the Riverside County Auditor Controller to place said charges on the tax roll. Item 1A-13 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 14 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. CITY AND HOUSING AUTHORITY – APPROVAL OF RESOLUTIONS NO. 2023-020, 2023- 021, 2023-022, AND HA 116 RELATED TO THE ADOPTION OF THE FISCAL YEAR 2023/2024 FINANCIAL PLAN AND CAPITAL IMPROVEMENT PROGRAM Director of Finance Chavez narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Kelly opened and closed the joint public hearing, there being no member of the public wishing to speak. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-020 approving the Financial Plan and Capital Improvement Program (CIP) for the Fiscal Year July 1, 2023, through June 30, 2024, and authorizing the use of General Fund reserves, to the extent needed, to cover any revenue shortfall. 2. Adopt Resolution No. 2023-021 establishing the Appropriations Limit for the Fiscal Year 2023-2024. 3. Adopt Resolution No. HA 114 approving the Palm Desert Housing Authority Financial Plan for the Fiscal Year July 1, 2023, through June 30, 2024. 4. Adopt Resolution No. 2023-022 approving the Staffing Allocation and Salaries Resolution, setting the FY 2023-2024 Salary Schedules, Salary Ranges and Allocated Classifications. 5. Approve Out-of-State Travel as listed in memorandum included in the staff report. C. ADOPT AMENDMENT TO ANNUAL ACTION PLAN FOR FISCAL YEAR 2021-22 COMMUNITY DEVELOPMENT BLOCK GRANT Senior Contracts and Grants Analyst Barron presented a staff report and responded to City Council inquiries. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Adopt amendment to Annual Action Plan Fiscal Year 2021-22 Community Development Block Grant. 2. Approve the project amendment to Annual Action Plan Fiscal Year 2021-22 Community Development Block Grant. Item 1A-14 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 15 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES D. APPROVE FY 2023/24-2028/29 FIVE-YEAR CONSOLIDATED PLAN, ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING, FY 2023/24 ANNUAL ACTION PLAN, AND FUNDING AWARD RECOMMENDATIONS Senior Contracts and Grants Analyst Barron narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY COUNCILMEMBER X, SECOND BY MAYOR PRO TEM X, CARRIED 5-0, to: 1. Approve the City’s FY 2023/24-2028/29 Consolidated Plan, Analysis of Impediments to Fair Housing, and 2023/24 CDBG Annual Action Plan and subrecipient funding allocation as recommended by the Outside Agency Committee and authorize staff to submit to Housing and Urban Development. 2. Authorize the City Manager to execute any documents and/or amendments necessary to effectuate the actions taken herewith. E. RESOLUTION NOS. 2023-023 AND 2023-024: APPROVE THE ENGINEER’S REPORT FOR, AND THE LEVY AND COLLECTION OF, ANNUAL ASSESSMENTS WITHIN CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2023-24 Project Manager Gerry presented a staff report and responded to City Council inquiries. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-023 granting final approval of the 2023-24 Engineer’s Report for Consolidated Palm Desert Landscaping and Lighting District No. 1. 2. Adopt Resolution No. 2023-024 confirming the diagram and assessments and ordering the levy and collection of annual assessments in Consolidated Palm Desert Landscaping and Lighting District No. 1 for Fiscal Year 2023-24. Item 1A-15 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 16 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES F. RESOLUTION NO. 2023-025: APPROVE THE ENGINEER’S REPORT, ORDER THE LEVY AND COLLECTION OF ASSESSMENTS IN THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2023-24 Project Manager Gerry presented a staff report and responded to City Council inquiries. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to adopt Resolution No. 2023-025 granting final approval of the Engineer’s Report and order the levy and collection of annual assessments in the City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2023-24, pursuant to the provisions of The Benefit Assessment Act of 1982. G. RESOLUTION NOS. 2023-026 AND 2023-027: APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT’S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2023/24 Project Manager Gerry presented a staff report and responded to City Council inquiries. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-026 approving the Management District Plan for the President’s Plaza I Property and Business Improvement District for Fiscal Year 2023/24. 2. Adopt Resolution No. 2023-027 ordering the levy and collection of annual assessments within the President’s Plaza I Property and Business Improvement District for Fiscal Year 2023/24. Item 1A-16 CC, SARDA, & HA Meeting Minutes June 22, 2023 City of Palm Desert Page 17 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES H. RESOLUTION NOS. 2023-028 AND 2023-029: APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2023/24 Project Manager Gerry presented a staff report and responded to City Council inquiries. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-025 approving the Management District Plan for the President’s Plaza III Property and Business Improvement District for Fiscal Year 2023/24. 2. Adopt Resolution No. 2023-026 ordering the levy and collection of annual assessments within the President’s Plaza III Property and Business Improvement District for Fiscal Year 2023/24. 4. INFORMATION ITEMS None. ADJOURNMENT The City Council adjourned at 7:05 p.m. Respectfully submitted, Níamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: __/__/2023 Item 1A-17 [This page has intentionally been left blank.] Item 1B-1 Item 1B-2 Item 1B-3 Item 1B-4 Item 1B-5 Item 1B-6 Item 1B-7 Item 1B-8 Item 1B-9 Item 1B-10 Item 1B-11 Item 1B-12 Item 1B-13 Item 1B-14 Item 1B-15 Item 1B-16 Item 1B-17 Item 1B-18 Item 1B-19 Item 1B-20 Item 1B-21 Item 1B-22 Item 1B-23 Item 1B-24 Item 1B-25 Item 1B-26 Item 1B-27 Item 1B-28 Item 1B-29 Item 1B-30 Item 1B-31 Item 1B-32 Item 1B-33 Item 1B-34 Item 1B-35 Item 1B-36 Item 1B-37 Item 1B-38 Item 1B-39 Item 1B-40 Item 1B-41 Item 1B-42 Item 1B-43 Item 1B-44 Item 1B-45 Item 1B-46 Item 1B-47 Item 1B-48 Item 1B-49 [This page has intentionally been left blank.] Item 1B-50 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Shelby Goodwin, Special Events Coordinator Amy Lawrence, Deputy Director of Economic Development REQUEST: APPROVE SPONSORSHIP FOR CELEBRATE CV EVENT RECOMMENDATION: 1. Approve sponsorship in the amount of $25,000 for the Celebrate CV event scheduled for December 30, 2023. 2.Authorize Director of Finance to appropriate $25,000 to account number 1104800-4306201, from available General Fund Reserves. BACKGROUND/ANALYSIS: LocaliQ is requesting to hold Celebrate CV, a large-scale community event with an anticipated attendance of 5,000, at the Civic Center Park on Saturday, December 30, 2023. Elements of the event will include a large name headlining musical act, food trucks, community centric vendor booths, children’s areas, and more. Celebrate CV was held last year on El Paseo between San Pablo Avenue and Larkspur Lane with 2007 America Idol winner Jordin Sparks as the headlining act and brought an estimated attendance of over 5,000. In anticipation of the event, the organization submitted a community event sponsorship request in the amount of $50,000. Because the application for funding was received after the February 15th due date to be included for consideration with the FY 2023/24 budget, per the Community Event Sponsorship Policy, staff convened a meeting with the Community Sponsorship Subcommittee to discuss the application. During the meeting, the subcommittee indicated that they were comfortable recommending a $25,000 sponsorship for a non-ticketed event with a named non-profit beneficiary. Staff confirmed that the event organizer was amenable to this amount for a non-ticketed event and that the planned beneficiary is the Family YMCA of the Desert. Additionally, the sponsorship will include the City’s logo on all marketing materials and there will be an opportunity for the Mayor to welcome attendees during the event. In addition to the City sponsorship, LocaliQ noted renewal commitments from at least eight (8) large name sponsors from 2022’s event. Staff plans to return to City Council in August/September for municipal code waivers related to holding the event in the park. Strategic Plan: −Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. Item 1C-1 City of Palm Desert Celebrate CV Sponsorship Request Page 2 of 2 −Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. Committee Recommendation: On June 14, 2023, the Community Sponsorship Subcommittee reviewed the community event sponsorship request submitted by LocaliQ / Desert Sun for the Celebrate CV event and recommended sponsorship in the amount of $25,000. FINANCIAL IMPACT: Since this sponsorship was not included in the FY 2023/24 budget, an appropriation in the amount of $25,000 to account number 1104800-4306201, from available General Fund Reserves is necessary. REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Community Event Sponsorship Request – Celebrate CV Item 1C-2 Item 1C-3 Item 1C-4 Item 1C-5 Item 1C-6 Item 1C-7 Item 1C-8 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Erica Powell, Management Analyst REQUEST: APPROVE REVISIONS TO THE CITY OF PALM DESERT’S PUBLIC ART DEACCESSIONING POLICY RECOMMENDATION: Approve revisions to the City of Palm Desert’s Public Art Deaccessioning Policy for the City’s permanent public art collection. BACKGROUND/ANALYSIS: On June 12, 2003, the City Council adopted the current Public Art Deaccessioning Policy. This policy outlines a formal process by which artworks are permanently removed from public display from the City’s permanent public art collection through sale, donation, or disposal due to damage or deterioration, alteration to location of site-specific artwork, infeasibility to properly preserve or maintain, among other reasons. In response to the emergency removal of Desert Flower, Desert Star by Robert Peerless from the Park View and State buildings in 2022, and the possible forthcoming removal of Recreation Liberates by Jos Gomolka at the Palm Desert Community Center due to lobby renovation, staff found that the current policy would benefit from the following revisions. 1.Adding additional criteria for deaccessioning such as deterioration, loss of site, aesthetic value, failure to comply, and theft. 2.Changing the verbiage on offering the artist(s) the first right of purchase from, “The artist(s) should be given the first rights of purchase. If the artist(s) decide to purchase the work, s/he/they will be responsible for the cost of the removal of the work from the current site. If the artist(s) have deceased the legal heir(s) will have first rights of purchase. If it is a City project, the artist(s) can purchase the artwork at the original commission price.” to the following: o “The artist(s) will be given the first option to purchase or exchange the artwork. If the artist(s) decides to purchase the work, artist(s) will be responsible for the cost of the removal of the work from the current site. If the artist(s) is/are deceased, the legal heir(s) will have first rights of purchase. The artist(s) can purchase the artwork at fair market value according to the appraisals obtained by a qualified appraiser.” 3.Adding a section for provisions for emergency removal. In addition, the Policy has been generally updated and clarified. Item 1D-1 City of Palm Desert Revisions to the City of Palm Desert’s Public Art Deaccession Policy Page 2 of 2 FINANCIAL IMPACT: There is no fiscal impact associated with this request. REVIEWED BY: Department Director: Eric Ceja City Attorney: Jill Tremblay for Isra Shah Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Current City of Palm Desert’s Public Art Deaccessioning Policy 2.Proposed City of Palm Desert’s Public Art Deaccessioning Policy 3.Redlined Changes to the City of Palm Desert’s Public Art Deaccessioning Policy 4.City of Palm Desert’s Public Art Deaccessioning Form Item 1D-2 City Of Palm Desert Public Art Deaccessioning Policy POLICY Although the City of Palm Desert would like its public art to remain in situ for a minimum of 15 years (although 15 years is not a limit on the life of an artwork), it recognizes that public artwork is not necessarily going to remain there in perpetuity. Deaccessioning is the formal process by which objects are permanently removed from the Art in Public Places collection through transfer, donation, loss, sale, or involuntary destruction. Adverse public opinion does not justify the relocation or removal of permanently installed artwork. The consideration for deaccessioning a work of art shall involve the same degree of careful review as a decision to commission or purchase a work of art. All deaccessioning procedures must be in compliance with the Federal Visual Artists Rights Act (VARA). ELIGIBLE ARTWORK All artwork acquired through the Art in Public Places Program or through donation are eligible. In the case of donated artwork, all legal documents surrounding the donation must be reviewed and a legal opinion rendered by the City Attorney before proceeding with the deaccessioning process. CRITERIA FOR DEACCESSIONING: 1. The artwork has been damaged or deteriorated, and is deemed as not being cost effective to repair. 2. The condition or security of the artwork cannot be reasonably guaranteed. 3. In the case of site-specific artwork, the artwork is destroyed by severely altering its relationship to the site. 4. Due to unforeseen causes the artwork has become potentially hazardous to the public. 5. The owner is no longer able to continue to properly maintain, preserve or care for the work. 6. The owner desires to change the use of the property on which the artwork is located, and the artwork therefore becomes an obstacle. 7. The work has been found to have been falsely documented, decried or attributed and/or to be a forgery. SEQUENCE OF ACTION 1. The Art in Public Places staff/artwork owner will make reasonable effort to notify and consult with any living artist(s) whose work is being considered for deaccessioning as to the best procedure for the removal of the work. The City must allow the artist(s) 30 days to respond. 2. In the case that the artist(s) have deceased, their estate should be contacted. 3. The artist(s) should be given the first rights of purchase. If the artist(s) decide to purchase the work, s/he/they will be responsible for the cost of the removal of the work from the current site. If the artist(s) have deceased the legal heir(s) will have first rights of purchase. If it is a City project, the artist(s) can purchase the artwork at the original commission price. 4. For City projects, after communicating with the artist(s), City staff will contact the City Attorney with its plans for how to proceed with the deaccessioning. 5. Once approved by the City Attorney, City staff/artwork owner needs to fill out the appropriate Deaccessioning Worksheet. 6. From this worksheet, City staff will write a staff report addressing the proposed removal of the artwork. Included in the staff report should be the following: Item 1D-3 5/21/2003 2 a. The reason for the deaccessioning of the artwork. b. Cost of removal. c. If appropriate, record of independent assessment and valuation of the artwork. d. Record of the communications with the artist(s). e. Suggested method of removal (demolition, donation, sale, etc.) f. Original cost of artwork. g. If appropriate, current fair market value of the work. 7. The staff report will then be put on the Art in Public Places Commission’s agenda for a regularly scheduled meeting, where it will be reviewed and voted on. 8. If the Art in Public Places Commission approves the deaccession, City staff will bring the staff report before City Council for review and action. 9. After approval, all records need to be updated to reflect the deaccessioning of the work. 10. The deaccessioning process should be documented in both written and visual form. 11. If a City owned artwork is sold, proceeds should be deposited into the Art in Public Places fund. If a private developer piece is sold, the funds must be used to purchase a replacement work of art. 12. If a privately owned work is deaccessioned, the artwork owner has ninety (90) days to install a new, approved piece at the same location. If the new work is not installed within ninety days of the removal of the original piece, then the City has the right to revoke the location’s Certificate of Occupancy permit. If the owner anticipates the need for longer than ninety days s/he must petition the City for an extension before the 90 days expire. 13. All expenses related to the deaccessioning of a privately owned work of art are the responsibility of the artwork owner. 14. If it is a privately owned artwork, the owner must notify the Public Arts Manager when the deaccessioning process is complete. 15. If it is a City owned artwork, the City’s Risk Manager must be notified so that the work can be taken off the City’s insurance policy. DEACCESSIONING METHOD OPTIONS 1. If appropriate, every effort should be made to move the work to a new location (see the City of Palm Desert Public Art Relocation Policy). 2. Sell or trade of work either through auction, gallery resale or direct sale and put funds back into the Art in Public Places Fund. 3. Put the work in storage until a new, appropriate location can be found. 4. Donate work to a school, an educational or non-profit organization. 5. Dispose of work in an appropriate manner. Item 1D-4 City of Palm Desert’s Public Art Deaccessioning Policy DEFINITION Deaccession means the formal process to permanently remove a City-owned public artwork by selling, donating, or destroying it. POLICY A. The purpose of the Public Art Deaccessioning Policy (“Policy”) is to maintain a deaccession program that results in high-quality, City-owned public artwork; eliminate artworks that are unsafe, not repairable, or no longer meet the needs of the City, and respect the creative rights of artists. B. Although the City of Palm Desert would like each public artwork to remain in situ for a minimum of 15 years (although 15 years is not a limit on the life of an artwork), it recognizes that public artwork is not necessarily going to remain in place in perpetuity. C. Any proposal for removal, destruction, or relocation of an artwork shall be submitted to the Cultural Arts Committee by City staff and reviewed according to the policies and procedures contained herein and shall be deliberate and independent of political pressures, fluctuations in artistic taste, popularity, and public opinion. D. At regular intervals, the City’s public artwork collection shall be evaluated by the Cultural Arts Committee to determine the condition of each artwork and determine whether any artwork should be deaccessioned. APPLICABLE ARTWORK This Policy applies to all City-owned artwork acquired through the Public Art program or through donation. In the case of donated artwork, all legal documents surrounding the donation must be reviewed and a legal opinion rendered by the City Attorney before proceeding with the deaccessioning process. CRITERIA FOR DEACCESSIONING One or more of the following criteria must apply prior to an artwork being deaccessed: 1. Damage Beyond Repair - The artwork has been damaged and repair is unfeasible or repair costs would exceed the value of the artwork. 2. Safety - The artwork is deemed hazardous and a threat to public safety. 3. Deterioration - The artwork has deteriorated to the point that the restoration cost is greater than its monetary value or the artwork has deteriorated beyond the original design and restoration would prove impractical or would render the work essentially false. 4. Security - The condition or security of the artwork cannot be reasonably guaranteed or the City of Palm Desert cannot properly care for or store the artwork. 5. Site Alteration - In the case of site-specific artwork, the artwork has become inappropriate, is no longer accessible to the public, it is unsafe, or it is due to be destroyed and would severely alter its relationship to the site. Item 1D-5 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] 6. Excessive Maintenance - The artwork requires excessive or unreasonable maintenance. 7. Loss of Site – The current site is no longer available and no suitable alternate site for the artwork is available. 8. Aesthetic Value - The artwork is of poor quality or is judged to have little aesthetic and/or historical or cultural value. 9. Failure to Comply - If the approved terms of the contract pursuant to which the artwork was installed have not been fulfilled. 10. Inauthentic - The artwork is a forgery or in violation of existing copyright laws. 11. Theft – The artwork has been stolen. Any stolen artwork will be documented through an official police report and a report prepared by the entity that owns or is responsible for the site of loss. SEQUENCE OF ACTION / PROCEDURES 1. Deaccession requests may be submitted by a neighborhood organization, City department, independent City board or commission, or a City Council member. The Cultural Arts Committee will review each preliminary request. City staff will work with the applicant to bring a full proposal to the Cultural Arts Committee. 2. Staff will provide the applicant with a Deaccessioning Form that will serve as the applicant’s formal request for consideration by the Cultural Arts Committee. 3. Staff (with assistance from the property owner, if applicable) will make reasonable effort to notify and consult with any living artist(s) whose work is being considered for deaccession as to the best procedure for artwork removal. The City will allow the artist(s) 30 days to respond. 4. If the artist(s) is/are deceased, the City will make reasonable efforts to contact artist(s) estate. 5. After an attempt to contact the artist(s) is made, staff will consult with the City Attorney on how to proceed with the deaccessioning. 6. Once the request is reviewed by the City Attorney, the applicant will complete and return the Deaccessioning Form. 7. City staff will use the information from the Deaccessioning Form to complete a staff report addressing the proposed removal of the artwork. The staff report will provide all available relevant information and materials to the Cultural Arts Committee, including, but not limited to: a. Artist, Title, and Location of artwork. b. Name of property owner and contact information. c. Property owner at the time of commission or installation. d. Year commissioned/purchased, original cost of artwork, and applicable Art in Public Places (AIPP) fee. e. Dimensions and removal/re-installation instructions. f. Appraisal of the artwork provided by a qualified art appraiser and current condition of artwork. If appropriate, current fair market value of the artwork. g. Detailed reason for deaccessioning/relocating artwork. h. Proposed deaccession method or new location for artwork (relocation, sale, donation, demolition, etc.). Item 1D-6 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] i. Maintenance evaluation. j. Any relevant images. 8. The staff report will then be placed on the Cultural Arts Committee agenda at a regularly scheduled public meeting, where it will be reviewed and voted on. 9. If the Cultural Arts Committee approves the deaccession, City staff will bring the staff report before the City Council for review and final action. 10. If deaccession is approved by the City Council, all documents will be updated to reflect the deaccessioning of the artwork. Staff will review property records from the County Recorder’s Office and if an artwork covenant is recorded against the property, the City will cause a release covenant to be filed. 11. The deaccessioning process should be documented in both written and visual form. 12. If an artwork is sold, proceeds should be deposited into the Art in Public Places fund. 13. The City’s Risk Manager must be notified so that the work can be removed from the City’s insurance policy. DEACCESSIONING METHOD OPTIONS 1. If appropriate, reasonable efforts will be made to move the work to a new location within the City. If the artwork was designed for a specific site, City will consider the artist’s intent when deciding where to relocate the artwork. 2. The artist(s) will be given the first option to purchase or exchange the artwork. If the artist(s) decides to purchase the work, they will be responsible for the cost of the removal of the artwork from the current site. If the artist(s) is/are deceased, the legal heir(s) will have first rights of purchase. The artist(s) can purchase the artwork at fair market value according to the appraisals obtained by a qualified appraiser. 3. Put the work in storage until a new, appropriate location can be found. 4. Donate work to a school, an educational or non-profit organization. 5. Dispose of work in an appropriate manner. PROVISIONS FOR EMERGENCY REMOVAL In the event that the structural integrity or condition of an artwork is such that, in the opinion of the Public Art staff, the artwork presents an imminent threat to public safety, the City Manager may authorize its immediate removal without Cultural Arts Committee action or the artist’s consent and have the work placed in temporary storage. The artist and the Cultural Arts Committee will be notified of this action within 30 days. The Committee will then consider options for disposition: repair, reinstallation, maintenance or deaccessioning. If the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s Agreement with the City and County has not waived his/her rights under the California Art Preservation Act and the Visual Artists Rights Act, City staff will attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the City Manager shall proceed with the advice of the City Attorney. Item 1D-7 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] COMPLIANCE WITH APPLICABLE POLICIES AND REGULATIONS Deaccession and removal of artwork will be done in a manner that complies with all other applicable city, state, and federal procedures, policies and regulations. For example, deaccession and removal actions must comply with applicable procedures and laws relating to the disposition of city property and with laws protecting artists’ rights. Item 1D-8 City of Palm Desert’s Public Art Deaccessioning Policy DEFINITION Deaccession means the formal process to permanently remove a City-owned public artwork by selling, donating, or destroying it. POLICY A. The purpose of the Public Art Deaccessioning Policy (“Policy”) is to maintain a deaccession program that results in high-quality, City-owned public artwork; eliminate artworks that are unsafe, not repairable, or no longer meet the needs of the City, and respect the creative rights of artists. B. Although the City of Palm Desert would like each public artwork to remain in place for a minimum of 15 years (although 15 years is not a limit on the life of an artwork), it recognizes that public artwork is not necessarily going to remain in place in perpetuity. C. Any proposal for removal, destruction, or relocation of an artwork shall be submitted to the Cultural Arts Committee by City staff and reviewed according to the policies and procedures contained herein and shall be deliberate and independent of political pressures, fluctuations in artistic taste, popularity, and public opinion. D. At regular intervals, the City’s public artwork collection shall be evaluated by the Cultural Arts Committee to determine the condition of each artwork and determine whether any artwork should be deaccessioned. APPLICABLE ARTWORK This Policy applies to all City-owned artwork acquired through the Public Art Program or through donation. In the case of donated artwork, all legal documents surrounding the donation must be reviewed and a legal opinion rendered by the City Attorney before proceeding with the deaccessioning process. CRITERIA FOR DEACCESSIONING One or more of the following criteria must apply prior to an artwork being deaccessed: 1. Damage Beyond Repair - The artwork has been damaged and repair is unfeasible or repair costs would exceed the value of the artwork. 2. Safety - The artwork is deemed hazardous and a threat to public safety. 3. Deterioration - The artwork has deteriorated to the point that the restoration cost is greater than its monetary value or the artwork has deteriorated beyond the original design and restoration would prove impractical or would render the work essentially false. 4. Security - The condition or security of the artwork cannot be reasonably guaranteed or the City of Palm Desert cannot properly care for or store the artwork. 5. Site Alteration - In the case of site-specific artwork, the artwork has become inappropriate, is no longer accessible to the public, it is unsafe, or it is due to be destroyed and would severely alter its relationship to the site. Item 1D-9 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] 6. Excessive Maintenance - The artwork requires excessive or unreasonable maintenance. 7. Loss of Site – The current site is no longer available and no suitable alternate site for the artwork is available. 8. Aesthetic Value - The artwork is of poor quality or is judged to have little aesthetic and/or historical or cultural value. 9. Failure to Comply - If the approved terms of the contract pursuant to which the artwork was installed have not been fulfilled. 10. Inauthentic - The artwork is a forgery or in violation of existing copyright laws. 11. Theft – The artwork has been stolen. Any stolen artwork will be documented through an official police report and a report prepared by the entity that owns or is responsible for the site of loss. SEQUENCE OF ACTION / PROCEDURES 1. Deaccession requests may be submitted by a neighborhood organization, City department, independent City board or commission, or a City Council member. The Cultural Arts Committee will review each preliminary request. City staff will work with the applicant to bring a full proposal to the Cultural Arts Committee. 2. Staff will provide the applicant with a Deaccessioning Form that will serve as the applicant’s formal request for consideration by the Cultural Arts Committee. 3. Staff (with assistance from the property owner, if applicable) will make reasonable effort to notify and consult with any living artist(s) whose work is being considered for deaccession as to the best procedure for artwork removal. The City will allow the artist(s) 30 days to respond. 4. If the artist(s) is/are deceased, the City will make reasonable efforts to contact artist(s) estate. 5. After an attempt to contact the artist(s) is made, staff will consult with the City Attorney on how to proceed with the deaccessioning. 6. Once the request is reviewed by the City Attorney, the applicant will complete and return the Deaccessioning Form. 7. City staff will use the information from the Deaccessioning Form to complete a staff report addressing the proposed removal of the artwork. The staff report will provide all available relevant information and materials to the Cultural Arts Committee, including, but not limited to: a. Artist, Title, and Location of artwork. b. Name of property owner and contact information. c. Property owner at the time of commission or installation. d. Year commissioned/purchased, original cost of artwork, and applicable Art in Public Places (AIPP) fee. e. Dimensions and removal/re-installation instructions. f. Appraisal of the artwork provided by a qualified art appraiser and current condition of artwork. If appropriate, current fair market value of the artwork. g. Detailed reason for deaccessioning/relocating artwork. h. Proposed deaccession method or new location for artwork (relocation, sale, donation, demolition, etc.). Item 1D-10 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] i. Maintenance evaluation. j. Any relevant images. 8. The staff report will then be placed on the Cultural Arts Committee agenda at a regularly scheduled public meeting, where it will be reviewed and voted on. 9. If the Cultural Arts Committee approves the deaccession, City staff will bring the staff report before the City Council for review and final action. 10. If deaccession is approved by the City Council, all documents will be updated to reflect the deaccessioning of the artwork. Staff will review property records from the County Recorder’s Office and if an artwork covenant is recorded against the property, the City will cause a release covenant to be filed. 11. The deaccessioning process should be documented in both written and visual form. 12. If an artwork is sold, proceeds should be deposited into the Art in Public Places fund. 13. The City’s Risk Manager must be notified so that the work can be removed from the City’s insurance policy. DEACCESSIONING METHOD OPTIONS 1. If appropriate, reasonable efforts will be made to move the work to a new location within the City. If the artwork was designed for a specific site, City will consider the artist’s intent when deciding where to relocate the artwork. 2. The artist(s) will be given the first option to purchase or exchange the artwork. If the artist(s) decides to purchase the work, artist(s) will be responsible for the cost of the removal of the artwork from the current site. If the artist(s) is/are deceased, the legal heir(s) will have first rights of purchase. The artist(s) can purchase the artwork at fair market value according to the appraisals obtained by a qualified appraiser. 3. Put the work in storage until a new, appropriate location can be found. 4. Donate work to a school, an educational or non-profit organization. 5. Dispose of work in an appropriate manner. PROVISIONS FOR EMERGENCY REMOVAL In the event that the structural integrity or condition of an artwork is such that, in the opinion of the Public Art staff, the artwork presents an imminent threat to public safety, the City Manager may authorize its immediate removal without Cultural Arts Committee action or the artist’s consent and have the work placed in temporary storage. The artist and the Cultural Arts Committee will be notified of this action within 30 days. The Committee will then consider options for disposition: repair, reinstallation, maintenance or deaccessioning. If the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s Agreement with the City and County has not waived his/her rights under the California Art Preservation Act and the Visual Artists Rights Act, City staff will attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the City Manager shall proceed with the advice of the City Attorney. Item 1D-11 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] COMPLIANCE WITH APPLICABLE POLICIES AND REGULATIONS Deaccession and removal of artwork will be done in a manner that complies with all other applicable city, state, and federal procedures, policies and regulations. For example, deaccession and removal actions must comply with applicable procedures and laws relating to the disposition of city property and with laws protecting artists’ rights. Item 1D-12 City of Palm Desert Public Art Deaccessioning Form Date: _____ Artist: Title: Artist Phone: ____ Email: __________ Location of work: Name of property: Contact name: Phone: ___ Email: __________ Property owner at the time of commission: Year commissioned/purchased: ______ Purchase Price / Art in Public Places fee / Value at time of install: ______ Dimensions: Height: Width: Depth: Weight: Medium/Material: _______________________________________________________ Estimated current fair market value: Source of estimation: Proposed deaccession reviewed by City Attorney: Yes: No: Detailed reason for deaccessioning artwork: Proposed deaccessioning method: Item 1D-13 City of Palm Desert Public Art Deaccessioning Form New location for work (if it is being moved): Condition: Excellent Good Fair Poor Maintenance evaluation and instructions: Item 1D-14 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT-OWNED PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS (APN) 627-101- 002, 627-101-017, 627-101-033, 627-101-061, 627-101-062, AND ADJACENT RIGHT OF WAY SURPLUS LAND AND AUTHORIZE STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert properties with APNs 627-101-002, 627- 101-017, 627-101-033, 627-101-061, 627-101-062, and adjacent Right of Way surplus land for purposes of the Surplus Land Act (SLA). 2.Authorize staff to release a Notice of Availability (NOA) for the sale of the properties. BACKGROUND/ANALYSIS: At its meeting on December 15, 2022, the City Council approved a “Central Inventory” of City and Successor Agency to the Palm Desert Redevelopment Agency-owned properties. The inventory was developed to comply with the SLA, which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pursuant to Government Code Section 54230(a)(2). In late 2022, the City was in escrow for the sale of the aforementioned parcels, located on the southeast corner of Fred Waring Drive and San Pablo Avenue. Escrow on the parcels did not close, as the previous developer was not able to complete the proposed project. Therefore, staff is returning to the City Council to seek approval to dispose of the parcels. In order to dispose of the parcels, the City must first go through the formal process of declaring the properties surplus, consistent with the Surplus Land Act (SLA). The proposed action would satisfy this requirement with respect to the aforementioned properties. After the attached Resolution is approved, staff will be able to release a notice of Availability (NOA) that will be sent to designated entities who will have sixty (60) days to notify the City of their interest in acquiring the properties. If any interest is expressed in accordance with the requirements of the SLA, the City is required to engage in good faith negotiations for a period of not less than ninety (90) days in an attempt to reach a sales price and terms. Following these steps, the City must provide the California Department of Housing and Community Development (HCD) with a notification detailing the NOA/negotiation process. HCD will have thirty (30) days to review this process for compliance with the SLA. At the end of the thirty (30) day period, the City may sell the properties. If the City does not agree to a price and terms with any of the designated entities, or if no designated entity responded to the NOA, the City may dispose of the properties outside of the SLA. Item 1E-1 City of Palm Desert Resolution for Disposition Fred Waring/San Pablo Page 2 of 4 The SLA process as noted above does not authorize the disposition of the properties. Once the process is complete, staff will return to the City Council for approval to sell. If there is no interest in the properties, or if good faith negotiations are not successful, the City will have satisfied its SLA requirements, subject to review by HCD, and will be able to sell the properties on the open market. Project Description: Staff is seeking approval from the City Council to initiate the disposition process through an NOA and pursuant to the SLA for the City-owned. As set forth below, staff is also seeking approval of the attached Resolution. A map of the properties is below. Item 1E-2 City of Palm Desert Resolution for Disposition Fred Waring/San Pablo Page 3 of 4 The details of the properties to be included in the NOA include the following: APN Size (acres) Zoning Property Description General Plan Designation Minimum Sales Price 627-101- 002 .35 Downtown Edge District Vacant Land Downtown Fair Market Value (FMV) 627-101- 017 .02 Downtown Edge District Vacant Land Downtown Fair Market Value (FMV) 627-101- 033 .025 Downtown Edge District Vacant Land Downtown Fair Market Value (FMV) 627-101- 061 .46 Downtown Edge District Vacant Land Downtown Fair Market Value (FMV) 627-101- 062 .17 Downtown Edge District Vacant Land Downtown Fair Market Value (FMV) Right of Way .11 Downtown Edge District Vacant Land Downtown Fair Market Value (FMV) Total 1.135 To start the sales process for these parcels, the City Council is required by the SLA to declare by Resolution that the properties are not necessary for the City’s use and is surplus land. The Resolution contains these declarations, and once it is approved, staff will circulate the NOA to entities specified in the SLA. Additionally, the NOA will be posted on the City’s website. The release date for the NOA is undetermined at this time, but approval of the staff report and Resolution will allow staff the flexibility to release the NOA at the appropriate time. These properties have been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA). City staff has determined that the designation of these properties as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. When the properties are sold to a purchaser and that purchaser proposes a use for the properties that require a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. FINANCIAL IMPACT: The sale of the properties will require an appraisal estimated at $5,500 Funds for the purpose are available in the Economic Development Department’s account 1104430-4309102. Other professional real estate transaction costs, including title and escrow expenses, will be included in the sale of properties. Item 1E-3 City of Palm Desert Resolution for Disposition Fred Waring/San Pablo Page 4 of 4 REVIEWED BY: Department Director: Eric Ceja City Attorney: Isra Shah Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENT: 1. Resolution Item 1E-4 RESOLUTION NO. 2023-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTY OWNED BY THE CITY WITH ASSESSOR’S PARCEL NUMBERS (APN) 627-101-002, 627-101-17, 627-101-033, 627-101-061, 627-101-062, AND ADJACENT RIGHT OF WAY IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of that certain real property with APNs 627-101-002, 627-101-017, 627-101-033, 627-101-061, 627-101-062, and adjacent Right of Way in the City of Palm Desert and described in Exhibit “A,” attached hereto and made a part of hereof (“Property”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus land and not necessary for the City’s use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations; and WHEREAS, a portion of the Property, being APN 627-101-002, is improved with an unoccupied single-family home, and the balance of the Property is unimproved and none of the Property is being used for City work or operations and City staff has evaluated the Property for its potential to be used for City work or operations; and WHEREAS, City staff has determined that the Property is not suitable for the City’s use; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities in accordance with the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Item 1E-5 Resolution No. 2023-____ SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use within the meaning of the Act. The basis for this declaration is that due to the size, location, and development on the Property, the site is not feasible for the City’s use. SECTION 3. The City Clerk is hereby directed to send a notice of availability of the Property for sale, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the Property as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Property in compliance with the Act. ADOPTED ON ________________, 2023. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 1E-6 Resolution No. 2023-____ I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20__. ANTHONY J. MEJIA CITY CLERK Item 1E-7 APN:627101033 APN:627101061 APN:ROW APN:627101002 APN:627101017 APN:627101062 APN:627101033 APN:627101061 APN:ROW APN:627101002 APN:627101017 APN:627101062 Date: 1/31/2019 I VICINITY MAP APN(s) 627-101-002, 017, 033, 061, 062 & ROW westerly of 061, 062 of size ~4,672sf City Owned 1.55 Acres Item 1E-8 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS (APN) 640-370- 018 AND 640-370-016 SURPLUS LAND AND AUTHORIZE STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert properties with APNs 640-370-018 and 640- 370-016 surplus land for purposes of the Surplus Land Act (SLA). 2. Authorize staff to release a Notice of Availability (NOA) for the sale of the properties. BACKGROUND/ANALYSIS: At its meeting of December 15, 2022, the City Council approved a “Central Inventory” of City and Successor Agency to the Redevelopment Agency-owned properties. The inventory was developed to comply with the SLA, which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pursuant to Government Code Section 54230(a)(2). In order to dispose of the parcels, the City must first go through the formal process of declaring the properties surplus, consistent with the SLA. The proposed action would satisfy this requirement with respect to the aforementioned properties. After the attached Resolution is approved, staff will be able to release a NOA that will be sent to designated entities that will have sixty (60) days to notify the City of their interest in acquiring the properties. If any interest is expressed in accordance with the requirements of the SLA, the City is required to engage in good faith negotiations for a period of not less than ninety (90) days in an attempt to reach a sales price and terms. Following these steps, the City must provide the California Department of Housing and Community Development (HCD) with a notification detailing the NOA/negotiation process. HCD will have thirty (30) days to review this process for compliance with the SLA. At the end of the thirty (30) day period, the City may sell the properties. If the City does not agree to a price and terms with any of the designated entities, or if no designated entity responded to the NOA, the City may dispose of the properties outside of the SLA. The SLA process as noted above does not authorize the disposition of the properties. Once the process is complete, staff will return to the City Council for approval to sell. If there is no interest in the properties, or if good faith negotiations are not successful, the City will have satisfied its SLA requirements, subject to review by HCD, and will be able to sell the properties on the open market. Staff is seeking approval from the City Council to initiate the disposition process through an NOA and pursuant to the SLA for the City-owned parcels. As set forth below, staff is also seeking approval of the attached Resolution. Item 1F-1 City of Palm Desert Resolution for Disposition – Entrada del Paseo Page 2 of 3 A map of the properties, also known as Entrada del Paseo, is below. The details of the properties to be included in the NOA include the following: APN Size (acres) Zoning Property Description General Plan Designation Minimum Sales Price 640-370-018 2.01 P-C-(3) S.P.Vacant Land Regional Retail Fair Market Value (FMV) 640-370-016 .68 P-C-(3) S.P.Vacant Land Regional Retail Fair Market Value (FMV) Total 2.69 To start the sales process for these parcels, the City Council is required by the SLA to declare by Resolution that the properties are not necessary for the City’s use and is surplus land. The Resolution contains these declarations, and once it is approved, staff will circulate the NOA to entities specified in the SLA. Additionally, the NOA will be posted on the City’s website. The release date for the NOA is undetermined at this time, but approval of the staff report and Resolution will allow staff the flexibility to release the NOA at the appropriate time. Item 1F-2 City of Palm Desert Resolution for Disposition – Entrada del Paseo Page 3 of 3 These properties have been reviewed with respect to the applicability of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.). City staff has determined that the designation of these properties as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. When the properties are sold to a purchaser and that purchaser proposes a use for the properties that require a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. FINANCIAL IMPACT: The sale of the properties will require an appraisal estimated at $4,500. Funds for this purpose are available in the Economic Development Department’s account 1104430-4309102. Other professional real estate transaction costs, including title and escrow expenses, will be included in the sale of properties. REVIEWED BY: Department Director: Eric Ceja City Attorney: Isra Shah Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENT: 1. Resolution Item 1F-3 RESOLUTION NO. 2023-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTY OWNED BY THE CITY WITH ASSESSOR’S PARCEL NUMBERS (APN) 640-370-018 AND 640-370- 016 ARE SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of that certain real property with APN 640-370-018 and 640-370-016 in the City of Palm Desert and described in Exhibit “A,” attached hereto and made a part hereof (“Property”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus land and not necessary for the City’s use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations; and WHEREAS, the Property, is unimproved and none of the Property is being used for City work or operations and City staff has evaluated the Property for its potential to be used for City work or operations; and WHEREAS, City staff has determined that the Property is not suitable for the City’s use; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written Notice of Availability of the Property to certain designated entities in accordance with the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. Item 1F-4 Resolution No. 2023-____ SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use within the meaning of the Act. The basis for this declaration is that due to the size, location, and development on the Property, the site is not feasible for the City’s use. SECTION 3. The City Clerk is hereby directed to send a Notice of Availability of the Property for sale, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the Property as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Property in compliance with the Act. ADOPTED ON ________________, 2023. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 1F-5 Resolution No. 2023-____ I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2023. ANTHONY J. MEJIA CITY CLERK Item 1F-6 Item 1F-7 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTY WITH ASSESSOR’S PARCEL NUMBER 627-164-012 SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY RECOMMENDATION: 1. Adopt a Resolution declaring City of Palm Desert property with Assessor’s Parcel Number (APN) 627-164-012 surplus land for purposes of the Surplus Land Act (SLA). 2. Authorize staff to release a Notice of Availability (NOA) for the sale of the property. BACKGROUND/ANALYSIS: At its meeting of December 15, 2022, the City Council approved a “Central Inventory” of City and Successor Agency to the Redevelopment Agency-owned property. The inventory was developed to comply with the SLA, which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pursuant to Government Code Section 54230(a)(2). In order to dispose of the parcel, the City must first go through the formal process of declaring the property surplus, consistent with the SLA. The proposed action would satisfy this requirement with respect to the aforementioned property. After the attached Resolution is approved, staff will be able to release a NOA that will be sent to designated entities that will have sixty (60) days to notify the City of their interest in acquiring the property. If any interest is expressed in accordance with the requirements of the SLA, the City is required to engage in good faith negotiations for a period of not less than ninety (90) days in an attempt to reach a sales price and terms. Following these steps, the City must provide the California Department of Housing and Community Development (HCD) with a notification detailing the NOA/negotiation process. HCD will have thirty (30) days to review this process for compliance with the SLA. At the end of the thirty (30) day period, the City may sell the property. If the City does not agree to a price and terms with any of the designated entities, or if no designated entity responded to the NOA, the City may dispose of the property outside of the SLA. The SLA process as noted above does not authorize the disposition of the property. Once the process is complete, staff will return to the City Council for approval to sell. If there is no interest in the property, or if good faith negotiations are not successful, the City will have satisfied its SLA requirements, subject to review by HCD, and will be able to sell the property on the open market. Staff is seeking approval from the City Council to initiate the disposition process through an NOA and pursuant to the SLA for the City-owned parcel. As set forth below, staff is also seeking approval of the attached Resolution. Item 1G-1 City of Palm Desert Resolution for Disposition Portola Avenue/El Cortez Way Page 2 of 3 A map of the property, which is located just northeast of Portola Avenue and El Cortez Way, is below. The details of the property to be included in the NOA include the following: APN Size (acres) Zoning Property Description General Plan Designation Minimum Sales Price 627-164-012 .43 R-2 Vacant Land Conventional Suburban Neighborhood Fair Market Value (FMV) To start the sales process for this property, the City Council is required by the SLA to declare by Resolution that the property is not necessary for the City’s use and is surplus land. The Resolution contains these declarations, and once it is approved, staff will circulate the NOA to entities specified in the SLA. Additionally, the NOA will be posted on the City’s website. The release date for the NOA is undetermined at this time, but approval of the staff report and Resolution will allow staff the flexibility to release the NOA at the appropriate time. This property has been reviewed with respect to the applicability of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.). City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined Item 1G-2 City of Palm Desert Resolution for Disposition Portola Avenue/El Cortez Way Page 3 of 3 by the CEQA Guidelines Section 15378. When the property is sold to a purchaser and that purchaser proposes a use for the property that require a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. FINANCIAL IMPACT: The sale of the property will require an appraisal estimated at $1,500. Funds for this purpose are available in the Economic Development Department’s account 1104430-4309102. Other professional real estate transaction costs, including title and escrow expenses, will be included in the sale of property. REVIEWED BY: Department Director: Eric Ceja City Attorney: Isra Shah Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENT: 1. Resolution Item 1G-3 RESOLUTION NO. 2023-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTY OWNED BY THE CITY WITH ASSESSOR’S PARCEL NUMBER (APN) 627-164-012 IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of that certain real property with APN 627-164-012 in the City of Palm Desert and described in Exhibit “A,” attached hereto and made a part of hereof (“Property”); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220- 54234 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus land and not necessary for the City’s use. The land must be declared either surplus or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations; and WHEREAS, the Property, is unimproved and none of the Property is being used for City work or operations and City staff has evaluated the Property for its potential to be used for City work or operations; and WHEREAS, City staff has determined that the Property is not suitable for the City’s use; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written Notice of Availability of the Property to certain designated entities in accordance with the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. Item 1G-4 Resolution No. 2023-____ SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use within the meaning of the Act. The basis for this declaration is that due to the size, location, and development on the Property, the site is not feasible for the City’s use. SECTION 3. The City Clerk is hereby directed to send a Notice of Availability of the Property for sale, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the Property as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Property in compliance with the Act. ADOPTED ON ________________, 2023. ____________________________ KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 1G-5 Resolution No. 2023-____ I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20__. ANTHONY J. MEJIA CITY CLERK Item 1G-6 Item 1G-7 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Mitchell Arbaugh, Accountant REQUEST: APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2023-24 RECOMMENDATION: That the City Council approve a resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2005-1 (University Park) (the “CFD”) for Fiscal Year 2023-24. BACKGROUND/ANALYSIS: The CFD is located in the area north of Desert Willow between Portola and Cook Street, whose improvements are financed with the proceeds of the CFD’s $50 million and $17.915 million bonds issued to fund the improvements for streets, infrastructure, water, sewer, park improvements, and land acquisitions. The proceeds of the 2005-1 Bonds were primarily used to pay a portion of the Series 2006 Bonds, as well as costs incurred in connection with the issuance of the Bonds. The Series 2006 Bonds were issued for the purpose of providing funds to pay the costs of acquiring public facilities, specifically the utility undergrounding for the CFD. Annually, the City Council must approve the levy of the special tax. Staff requests that the City Council authorize the levy of a special tax to pay for costs and expenses related to this District. The maximum rate of the special tax for the next fiscal year is attached to the resolution as Exhibit A. Approval of the resolution will allow the County Auditor to collect taxes as they become due. FINANCIAL IMPACT: The CFD 2005-1 (University Park) bonds are repaid through taxes collected on the respective parcels located within the boundaries. Approval of the resolution will allow the parcels to be levied for the 2023-2024 tax year and provide the city with the funds to pay the debt service on a timely basis. REVIEWED BY: City Attorney: Lolly Enriquez (RWG-Bond Counsel) Finance Director: Liberty Urban for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman Item 1H-1 City of Palm Desert Resolution to Levy Special Tax in CFD NO. 2005-1 for FY 23-24 Page 2 of 2 ATTACHMENTS: 1. Resolution 2. Exhibit “A” – Proposed Special Tax Rates Item 1H-2 RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Palm Desert (hereinafter referred to as the "Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, as authorized pursuant to the terms and provisions of the "Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 2005-1 shall hereinafter be referred to as "District" and, WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this City Council intends to establish the specific rate of the special tax to be collected for the next fiscal year. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2023/2024) for the referenced District, will not exceed the rates as set forth in the attached, referenced and incorporated Exhibit “A”. SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Council, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties, procedures and sale in case of any delinquency for ad valorem taxes. The Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 5. Monies above collected shall be paid into the District funds. SECTION 6. Upon receipt from the County of the final secured tax roll, the special tax consultant shall determine the special tax levy needed to meet the Special Tax Requirement, which shall not exceed the rates shown in Exhibit A hereto. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "Public Improvements, Special Tax" or by any other suitable designation, the installment of the Special Tax, and for the exact rate and amount of said tax. Item 1H-3 RESOLUTION NO. ___________ 2 SECTION 7. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. SECTION 8. Special Taxes are to be levied on non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2023/2024 Tax Roll subsequent to the submittal deadline of August 10, 2023, the City Council directs the City of Palm Desert staff or their agents to bill such parcels directly via U.S. mail using the rates as determined in Section 6. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California this ______ day of , 2023 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: _________________________________________ KATHLEEN KELLY, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: ___________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ___________________________ CITY ATTORNEY Item 1H-4 Exhibit “A” Community Facilities District No. 2005-1 (University Park) Proposed Special Tax Rates Fiscal Year 2023/2024 The following tables summarize the Maximum and the Proposed Special Tax Rates relating to each land use class. Zones A – D LAND USE CLASS SPECIAL TAX RATE MULTIPLIER MAXIMUM SPECIAL TAX RATE PROPOSED SPECIAL TAX RATE (1) Developed Property Zone A Per Acre $21,000 $21,000 Zone B Per Acre $27,000 $27,000 Zone C Per Acre $27,000 $27,000 Zone D Per Acre $23,000 $23,000 Undeveloped & Provisional Undeveloped Property Zone A Per Acre $21,000 $21,000 Zone B Per Acre $27,000 $27,000 Zone C Per Acre $27,000 $27,000 Zone D Per Acre $23,000 $23,000 (1)The Proposed Special Tax Rates to be Levied for Fiscal Year 2023/2024 will not exceed the Maximum Special Tax Rates described above, and the actual special tax shall be determined by the special tax consultant upon receipt from the County of the final secured tax roll. Zone E LAND USE CLASS SPECIAL TAX RATE MULTIPLIER RESIDENTIAL FLOOR AREA MAXIMUM SPECIAL TAX RATE PROPOSED SPECIAL TAX RATE(1) Single Family Property Per square foot of Residential Floor Area > 2,300 $1.44 $1.44 Single Family Property Per square foot of Residential Floor Area 2,300 - 1,725 $1.67 $1.67 Single Family Property Per square foot of Residential Floor Area < 1,725 $1.38 $1.38 Multifamily Property Per square foot of Residential Floor Area N/A $1.50 $1.50 Non Residential Per Acre N/A $28,000 $28,000 Undeveloped Per Acre N/A $28,000 $28,000 (1)The Proposed Special Tax Rates to be Levied for Fiscal Year 2023/2024 will not exceed the Maximum Special Tax Rates described above and the actual special tax shall be determined by the special tax consultant upon receipt from the County of the final secured tax roll. Item 1H-5 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Mitchell Arbaugh, Accountant REQUEST: APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2023-24 RECOMMENDATION: That the City Council approve a resolution authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2021-1 (University Park) (the “CFD”) for Fiscal Year 2023-24 BACKGROUND/ANALYSIS: The CFD is located in the area north of Desert Willow between Portola and Cook Street whose improvements are financed by the issuance of the CFD’s $15.2 million special tax bonds, Series 2021, issued to fund the remaining public improvements. The proceeds of the Bonds were primarily used to pay and defease the CFD No. 2005-1 Pro Rata Bonds, as well as fund a portion of the public capital improvements required for development of property within the district. Public capital improvement projects included: •Developer contributions to reservoir facilities constructed by Coachella Valley Water District (CVWD) •On-site water pipelines for Phase 1 •Well site improvements for Phase 1 •On-site sewer pipelines for Phase 1 •Storm drainage facilities for Phase 1 •Street improvements for Phase 1 Annually, the City Council must approve the levy of the special tax. Staff requests that the City Council authorize the levy of a special tax to pay for costs and expenses related to this District. The maximum rate of the special tax for the next fiscal year is attached to the resolution as Exhibit A. Approval of the resolution will allow the County Auditor to collect taxes as they become due. FINANCIAL IMPACT: The CFD 2021-1 (University Park) bonds are repaid through taxes collected on the respective parcels located within the boundaries. Approval of the resolution will allow the parcels to be levied for the 2023-2024 tax year and provide the city with the funds to pay the debt service on a timely basis. Item 1I-1 City of Palm Desert Resolution to Levy Special Tax in CFD NO. 2021-1 for FY 23-24 Page 2 of 2 REVIEWED BY: Bond Attorney: Lolly Enriquez (RWG – Bond Counsel) Finance Director: Liberty Urban for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution 2.Exhibit “A” – Proposed Special Tax Rates Item 1I-2 RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Palm Desert (hereinafter referred to as the "Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, as authorized pursuant to the terms and provisions of the "Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 2021-1 shall hereinafter be referred to as "District" and, WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this City Council intends to establish the specific rate of the special tax to be collected for the next fiscal year. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2023/2024) for the referenced District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit “A”. SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Council, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties, procedures and sale in case of any delinquency for ad valorem taxes. The Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 5. Monies above collected shall be paid into the District funds. SECTION 6. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the Special Tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit “A”. SECTION 7. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Item 1I-3 RESOLUTION NO. ___________ 2 SECTION 8. Special Taxes are to be levied on non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2023/2024 Tax Roll subsequent to the submittal deadline of August 10, 2023, the City Council directs the City of Palm Desert staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit “A”. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California this ______ day of , 2023 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: _________________________________________ KATHLEEN KELLY, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: ___________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ___________________________ CITY ATTORNEY Item 1I-4 Exhibit “A” Community Facilities District No. 2021-1 (University Park) Proposed Special Tax Rates Fiscal Year 2023/2024 The following tables summarize the Assigned and the Proposed Special Tax Rates relating to each land use class. Zone 1 (1)The Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be increased by two percent (2%) of the amount in effect the prior Fiscal Year. (2)The Proposed Special Tax Rates to be Levied for Fiscal Year 2023/2024 will not exceed the Assigned Special Tax Rates described above. Zone 2 (1)The Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be increased by two percent (2%) of the amount in effect the prior Fiscal Year. (2)The Proposed Special Tax Rates to be Levied for Fiscal Year 2023/2024 will not exceed the Assigned Special Tax Rates described above. LAND USE CLASS SPECIAL TAX RATE MULTIPLIER RESIDENTIAL FLOOR AREA ASSIGNED SPECIAL TAX RATE(1) PROPOSED SPECIAL TAX RATE(2) Developed & Provisional Welfare Property 1 Single Family Property Per Residential Unit ≥2500 $2,392.92 $2,392.92 2 Single Family Property Per Residential Unit 2400-2499 $2,314.89 $2,314.89 3 Single Family Property Per Residential Unit 2300-2399 $2,262.87 $2,262.87 4 Single Family Property Per Residential Unit 2200-2299 $2,184.84 $2,184.84 5 Single Family Property Per Residential Unit 2100-2199 $2,106.81 $2,106.81 6 Single Family Property Per Residential Unit 2000-2099 $2,002.77 $2,002.77 7 Single Family Property Per Residential Unit 1900-1999 $1,664.64 $1,664.64 8 Single Family Property Per Residential Unit 1800-1899 $1,612.62 $1,612.62 9 Single Family Property Per Residential Unit < 1800 $1,326.51 $1,326.51 10 Non-Residential Property Per Acre NA NA NA Provisional, Approved, & Undeveloped Property Per Acre NA $16,041.93 $16,041.93 LAND USE CLASS SPECIAL TAX RATE MULTIPLIER RESIDENTIAL FLOOR AREA ASSIGNED SPECIAL TAX RATE(1) PROPOSED SPECIAL TAX RATE(2) Developed& Provisional Welfare Property 1 Single Family Property Per Residential Unit ≥3400 $3,147.21 $3,147.21 2 Single Family Property Per Residential Unit 3200-3399 $3,095.19 $3,095.19 3 Single Family Property Per Residential Unit 3000-3199 $2,991.15 $2,991.15 4 Single Family Property Per Residential Unit 2800-2999 $2,913.12 $2,913.12 5 Single Family Property Per Residential Unit 2600-2799 $2,783.07 $2,783.07 6 Single Family Property Per Residential Unit 2400-2599 $2,731.05 $2,731.05 7 Single Family Property Per Residential Unit 2200-2399 $2,705.04 $2,705.04 8 Single Family Property Per Residential Unit 2000-2199 $2,679.03 $2,679.03 9 Single Family Property Per Residential Unit < 2000 $2,574.99 $2,574.99 10 Non-Residential Property Per Acre NA NA NA Provisional, Approved, & Undeveloped Property Per Acre NA $20,102.61 $20,102.61 Item 1I-5 RESOLUTION NO. ___________ 4 Zone 3 (1)The Assigned Special Tax for Developed, Provisional Welfare, Provisional, Approved, and Undeveloped Property shall be increased by two percent (2%) of the amount in effect the prior Fiscal Year. (2)The Proposed Special Tax Rates to be Levied for Fiscal Year 2023/2024 will not exceed the Assigned Special Tax Rates described above. LAND USE CLASS SPECIAL TAX RATE MULTIPLIER RESIDENTIAL FLOOR AREA ASSIGNED SPECIAL TAX RATE(1) PROPOSED SPECIAL TAX RATE(2) Developed & Provisional Welfare Property 1 Single Family Property Per Residential Unit ≥2500 $2,392.92 $2,392.92 2 Single Family Property Per Residential Unit 2400-2499 $2,314.89 $2,314.89 3 Single Family Property Per Residential Unit 2300-2399 $2,262.87 $2,262.87 4 Single Family Property Per Residential Unit 2200-2299 $2,184.84 $2,184.84 5 Single Family Property Per Residential Unit 2100-2199 $2,106.81 $2,106.81 6 Single Family Property Per Residential Unit 2000-2099 $2,002.77 $2,002.77 7 Single Family Property Per Residential Unit 1900-1999 $1,664.64 $1,664.64 8 Single Family Property Per Residential Unit 1800-1899 $1,612.62 $1,612.62 9 Single Family Property Per Residential Unit < 1800 $1,326.51 $1,326.51 10 Apartment Property Per Residential Unit NA $780.30 $780.30 11 Non-Residential Property Per Acre NA NA NA Provisional, Approved, & Undeveloped Property Per Acre NA $23,577.54 $23,577.54 Item 1I-6 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Vanessa Mager, Management Analyst REQUEST: APPROVE A ONE (1) YEAR EXTENSION TO THE CONTRACT BETWEEN THE CITY OF PALM DESERT AND CIRCUIT TRANSIT, INC., TO PROVIDE EL PASEO COURTESY CART SERVICES FOR FISCAL YEAR 2023/24 RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C43540 with Circuit Transit, Inc., in an amount not to exceed $219,241.02, including regularly scheduled, special events and flex hours for the operation of the El Paseo Courtesy Cart Program during Fiscal Year (FY) 2023/24. 2. Authorize the City Manager to execute said contract and allow the City Attorney to make non- substantive changes. BACKGROUND/ANALYSIS: At its July 14, 2022, regular City Council meeting, Council approved a contract with Circuit Transit, Inc., for the operation of three (3) vendor owned El Paseo Courtesy Carts. As part of Council consideration, staff recommended approval of a one (1) year contract with options for two (2) one (1) year extensions for the operations of three (3) vendor owned El Paseo Courtesy Carts seven (7) hours per day, seven (7) days per week mid-October through May. The FY 2022/23 agreement has expired as of May 29, 2023, and based on the satisfactory performance of the current vendor, staff is recommending that Council approve the first of the two (2) one-year extension for the operations of three (3) vendor owned El Paseo Courtesy Carts. Approval of staff’s recommendation will allow the City to extend the contract with Circuit Transit, Inc. for the operation of the El Paseo Courtesy Carts for one (1) year in an amount not to exceed $219,241.02 for FY 2023/24. The total cost includes standard shuttle service as well, as an allotment of potential overtime hours needed to assist with Special Events on El Paseo. The amendment includes an increase related to inflationary impacts seen in the industry, especially insurance. With Council’s approval the operation of the carts will commence on October 13, 2023, and end on May 27, 2024. Aproval of Amendment No. 1 of the El Paseo Courtesy Cart operator’s contract aligns with the City’s Envision Palm Desert Strategic Plan in the following areas: • Economic Development Priority 4: Expand and raise awareness of business-friendly services in order to retain and attract business. Item 1J-1 City of Palm Desert Approve a one (1) year extension with Circuit Transit, Inc. for El Paseo Courtesy Cart Services Page 2 of 2 • Transportation Priority 3: De-emphasize the use of single/low occupancy vehicles and optimize multiple modes of travel. FINANCIAL IMPACT: Funds in the amount of $219,241.02 have been included in the FY 2023/24 budget in Courtesy Cart Account Number 1104416-4368100. 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. Amendment No. 1 – El Paseo Courtesy Cart Service 2. C43540 Circuit Transit - Executed Agreement Item 1J-2 AMENDMENT NO. 1 TO AGREEMENT NO. C43540 FOR SERVICES TO OPERATE THE EL PASEO COURTESY CART SERVICE BETWEEN THE CITY OF PALM DESERT AND CIRCUIT TRANSIT, INC. 1. Parties and Date. This Amendment No. 1 to the Agreement for Services to Operate the El Paseo Courtesy Cart service is made and entered into as of this 13th day of July 2023, by and between the City of Palm Desert (“City”) and Circuit Transit, Inc., a Corporation with its principal place of business at 501 E. Las Olas Blvd, Suite 300, Fort Lauderdale, FL 33301 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 The City and Contractor entered into Contract No. C43540 dated July 14, 2022 (“Agreement”), under which Contractor operated the City’s seasonal, on-demand shuttle service along El Paseo for the period dating mid-October 2022 through May 2023. 2.2 The City and Contractor now desire to amend the Agreement to extend the term of the Agreement, and to update the operations schedule for shuttle service. 3. Terms. 3.1 The introductory paragraph of the Agreement is hereby amended to delete the reference to the period October 14, 2022 through May 29, 2023, and to read as follows: “This Agreement dated July 14, 2022 is entered into between the City of Palm Desert (CITY) and Circuit Transit, Inc. (CONTRACTOR), for the operation of the El Paseo Courtesy Cart Service, a non-fixed route public transit service within the City of Palm Desert (“Project”).” 3.2 Section 2 (Vehicle Operation) of the Agreement is hereby renamed and amended in its entirety, to read as follows: “2. Scope of Services and Term: A. General Scope of Services: CONTRACTOR promises and agrees to furnish to CITY all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project described in the CONTRACTOR’S Proposal dated June 29, 2022, attached hereto as Exhibit B ("Services"). 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. B. Vehicle Operation: Vehicles shall be in regular service seven days per week, 11:00 a.m. through 6:00 p.m. daily, (days subject to change by the CITY), including holidays, except Christmas Day and Thanksgiving Day, as follows: Initial contract operating period: October 14, 2022 - May 29, 2023 First Amendment operating period: October 13, 2023 - May 27, 2024 Item 1J-3 Contract No. C43540 Page 2 of 7 CONTRACTOR shall operate the vehicles in accordance with the applicable operating schedule, attached hereto as Exhibit “A” (“Schedule”). Vehicles are permitted to be out of service for one half-hour plus two 15- minute breaks during each seven-hour operating period. No breaks shall be taken consecutively or concurrently. At the direction of the CITY, more hours may be added to the schedule described herein or may be reduced from this schedule. In the event that the number of hours is changed, the contract amount will be adjusted accordingly by application of the unit rates contained in Exhibit B. The CITY retains the right to increase, decrease, or, with thirty (30) days’ notice, to suspend or cancel the service for any period at any time. The CONTRACTOR shall provide neatly-attired professional drivers whose appearance is appropriate for the context in which they will be working (company golf shirts, for example). C.Term: The term of this Agreement shall be from July 14, 2022, to May 27, 2024, unless earlier terminated as provided herein. CONTRACTOR shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Further renewal(s) would be subject to a CPI increase. Execution is completed when all parties have signed the agreement. Agreement is subject to annual budget approval by the City Council. If not approved during the budget process the agreement will be cancelled according to the termination procedures outlined below. D.Termination Prior to Expiration of Term: CITY may terminate this Agreement at any time, with or without cause, upon thirty (30) day’s written notice to the CONTRACTOR. Upon receipt of the notice of termination, the CONTRACTOR shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the CITY, CONTRACTOR shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by CITY. CITY shall be entitled to reimbursement for any compensation paid in excess of the services rendered. CONTRACTOR may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to the CITY only in the event of substantial failure by the CITY to perform in accordance with the terms of this Agreement through no fault of CONTRACTOR. 3.3 A New Section 2.5 (Independent Contract; Control and Payment of Subordinates) is hereby added to the Agreement, to read as follows: “2.5 Independent Contractor; Control and Payment of Subordinates. 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 shall not be employees of CITY and shall at all times be under CONTRACTOR’S exclusive direction and control. Neither CITY, or any of its officials, officers, directors, employees or agents shall have control Item 1J-4 Contract No. C43540 Page 3 of 7 over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as set forth in this Agreement. 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.” 3.4 Section 4 (Fees and Payment) of the Agreement is hereby amended in its entirety to read as follows: A. Operation of the El Paseo Courtesy Cart Service: CONTRACTOR shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement per Exhibit "B". The total compensation shall not exceed Two Hundred Nineteen Thousand Two Hundred and Forty-One Dollars and Two Cents ($219,241.02) per year, without written approval of the City Council or City Manager, as applicable. B. Payment of Compensation: CONTRACTOR shall submit to CITY monthly invoices which provide a detailed description of the Services and hours rendered by CONTRACTOR. 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 CONTRACTOR'S fees, the CITY shall give written notice to CONTRACTOR within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 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 may 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. C. Reimbursement for Expenses: CONTRACTOR shall not be reimbursed for any expenses unless authorized in writing by CITY or included in Exhibit “B”. D. 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.” 3.5 A new Section 7 (Amendment; Modification) is hereby added to the Agreement, to read as follows: “7. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.” Item 1J-5 Contract No. C43540 Page 4 of 7 3.6 A new Section 8 (Delivery of Notices) is hereby added to the Agreement, to read as follows: “8. 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: Circuit Transit INC 501 E Las Olas Blvd, Suite 300 Fort Lauderdale, FL 33301 ATTN: Daniel Kramer, Vice President, Operations & Business Development, Circuit City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Economic Development Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.” 3.7 Exhibit “A” is hereby amended to add the 2023 – 2024 City of Palm Desert Neighborhood Electric Vehicle (NEV) Operations Schedule, attached hereto and incorporated herein by reference. 3.8 Exhibit “B” page 18 is hereby amended to add the 2023-2024 Compensation schedule, attached hereto and incorporated herein by reference. 3.9 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.10 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.11 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.12 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Item 1J-6 Contract No. C43540 Page 5 of 7 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO CONTRACT NO. C43540 BETWEEN THE CITY OF PALM DESERT AND CIRCUIT TRANSIT, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Agreement for Services to Operate the El Paseo Courtesy Cart service as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hilman City Manager ATTEST: By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney CIRCUIT TRANSIT, INC. By: Its: Printed Name: By: Its: Printed Name: QC: MN Insurance: _____ Initial Review _____ Final Approval Item 1J-7 Contract No. C43540 Page 6 of 7 “EXHIBIT A” 2023 – 2024 City of Palm Desert Neighborhood Electric Vehicle (NEV) Operations Schedule Regular Month # of Days Hours Per Day Total Hours Per Cart October 13 – 31, 2023 19 7 133 November 1-30, 2023 (excluding Thanksgiving) 29 7 203 December 1-31,2023 (excluding Christmas) 30 7 210 January 1-31, 2024 31 7 217 February 1-29, 2024 29 7 203 March 1-31, 2024 31 7 217 April 1-30, 2024 30 7 210 May1-27, 2024 27 7 203 Total Annual Regular Hours - One (1) Cart 1596 Total Annual Regular Hours - Two (2) Cart 1596 Total Annual Regular Hours - Three (3) Cart 1596 Total Annual Regular Hours for all Three (3) Carts 4788 Potential Overtime Hours – (At the direction of the City, but not to exceed) Month(s) Hours Per Month Number of Months Total Hours Per Cart October 2023 – February 2023 4 5 20 March 2024 55 1 55 April – May 2024 3 2 6 Potential Overtime Hours - One (1) Cart 81 Potential Overtime Hours - Two (2) Cart 81 Potential Overtime Hours - Three (3) Cart 81 Total Potential Overtime Hours for all Three (3) Carts 243 Item 1J-8 Contract No. C43540 Page 7 of 7 “EXHIBIT B” COMPENSATION Standard Vehicle Straight Time: $42.57/car/hr Overtime: $53.64/car/hr ADA Vehicle Straight Time: $43.99/car/hr Overtime: $55.06/car/hr Annual Straight Time Standard (based on two vehicles) 3,192 $42.57 $135,883.44 Annual OT Standard (based on two vehicles) 162 $53.64 $8,689.68 Annual Straight Time ADA (based on one vehicle) 1,596 $43.99 $70,208.04 Annual OT ADA (based on one vehicle) 81 $55.06 $4,459.86 Annual Total 5,031 - $219,241.02 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. Item 1J-9 Contract No. C43540 1 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx AGREEMENT FOR SERVICES TO OPERATE THE EL PASEO COURTESY CART SERVICE OCTOBER 14, 2022 THROUGH MAY 29, 2023 This Agreement dated July 14, 2022 is entered into between the City of Palm Desert ( CITY) and Circuit Transit, Inc. (CONTRACTOR), for the operation of the El Paseo Courtesy Cart Service, a non-fixed route public transit service within the City of Palm Desert. This Agreement shall cover the period beginning on October 14, 2022, and ending on May 29, 2023. 1. Background: The CITY desires that CONTRACTOR operate the El Paseo Courtesy Cart Service along El Paseo within the City of Palm Desert during the contract period. The CONTRACTOR will provide these services while operating three ( 3) Neighborhood Electric Vehicles (NEV) owned by the CONTRACTOR. The courtesy cart services are offered free of charge to the general public and shoppers on El Paseo, and the CONTRACTOR shall neither charge for services nor solicit tips in any manner for the services. 2. Vehicle Operation: Vehicles shall be in regular service seven days per week in accordance with the attached Schedule (Exhibit “A”): 11:00 a.m. through 6:00 p.m. daily, starting October 14, 2022 - May 29, 2023 (days subject to change by the CITY), including holidays, except Christmas Day and Thanksgiving Day. Vehicles are permitted to be out of service for one half-hour plus two 15-minute breaks during each seven-hour operating period. No breaks shall be taken consecutively. At direction of the CITY, more hours may be added to the schedule described herein or may be reduced from this schedule. In the event that the number of hours is changed, the contract amount will be adjusted accordingly by application of the unit rates contained in the CONTRACTOR’s Proposal (Exhibit “B"). The CITY retains the right to increase, decrease, or, with thirty (30) days’ notice, to suspend or cancel the service for any period at any time. The CONTRACTOR shall provide neatly-attired professional drivers whose appearance is appropriate for the context in which they will be working (company golf shirts, for example). 3. Vehicle Maintenance: CONTRACTOR shall perform all maintenance on the vehicles in accordance with the manufacturer’s recommendations. CONTRACTOR will also perform routine safety inspections every fourteen (14) days during the term of this Agreement. All vehicle maintenance costs are included in this Agreement. 4. Fees and Payment: Payment to CONTRACTOR will be made as follows: A. Operation of the El Paseo Courtesy Cart Service: An amount not to exceed two-hundred four thousand one hundred dollars and no/100 cents ($204,100) yearly for the cost of operating the courtesy cart service. Contractor shall not commence work under this Agreement until it has provided Item 1J-10 Contract No. C43540 2 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx evidence satisfactory to the City of Palm Desert that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor(s) to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor(s) has secured all insurance required under this section. 5. Indemnification: CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“CITY indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of the CONTRACTOR’s performance of its obligations under this agreement or out of the operations conducted by CONTRACTOR, including the CITY indemnitee’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY indemnitees. In the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this agreement the CONTRACTOR shall provide a defense to the CITY indemnitees or at the CITY’s option reimburse the CITY indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. i. 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, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. ii. 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 City of Palm Desert, its officers, agents, employees and volunteers. iii. Umbrella or Excess Liability Insurance: Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of Item 1J-11 Contract No. C43540 3 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx not less than $4,000,000 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 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; Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; and Policies shall "follow form" to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies iv. Taxi Cab Companies – Commercial Auto Liability Insurance: Contractor shall maintain Taxi Cab Companies – Commercial Auto Liability Insurance with limits of at least $1,000,000 combined single limit) covering all vehicles to be operated by CONTRACTOR, and all drivers. OTHER PROVISIONS OR REQUIREMENTS Insurance for Subcontractors: All subcontractors shall be included as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subcontractors' liability policies. Contractor shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. 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. 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 sub- consultants. 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 Item 1J-12 Contract No. C43540 4 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx 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. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance 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. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 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. Primary and Non-Contributing Insurance: All 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. 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 Item 1J-13 Contract No. C43540 5 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx shall be available to the City. Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment of premium for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability and automobile liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 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. 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. Pass Through Clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, 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. 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 substantial additional cost to the CONTRACTOR, the City and CONTRACTOR may renegotiate CONTRACTOR’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 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 Item 1J-14 Contract No. C43540 6 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx considered to comply with these specifications unless approved by City. 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. 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. 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. Annual Driver Review: CONTRACTOR shall at least annually review the performance and DMV history of each driver and advise the City of any incidents that have occurred driving or otherwise in the performance of the driver duties. CONTRACTOR shall be responsible for appropriate training of all drivers (new and old) in their duties and proper vehicle operation. A. Payments: CONTRACTOR shall invoice the CITY by the fifteenth of each calendar month for the preceding month’s fees. Terms of the invoices shall be net thirty days. 6. Other: CONTRACTOR shall make available City of Palm Desert information in the NEVs. The CITY shall furnish brochures and printed literature in adequate quantities such that CONTRACTOR can restock the information carried in the vehicles on an as-needed basis. CONTRACTOR shall not charge persons wishing to use the parking shuttle service, nor shall the driver solicit tips in any matter. Use of a tip basket is expressly forbidden. All Drivers shall be subject to review and approval by the CITY. Drivers will be required to be able to answer questions and give information regarding the City of Item 1J-15 Contract No. C43540 7 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx Palm Desert, and its history, in a courteous and helpful manner. At the request of the CITY, CONTRACTOR shall replace any driver found lacking in professionalism or courtesy, or not presenting him/herself in a neat and professional manner while on duty. Driver shall be responsible for retrieving NEV from the supplied storage location and for returning the NEV there at the end of each shift. Driver will also be responsible for recharging the vehicle and promptly reporting any malfunctions of either the vehicle or the recharging apparatus maintained at the storage location. CONTRACTOR is responsible for providing all cleaning materials needed to maintain the exterior and interior of the vehicles in a like-new condition. SIGNATURES ON NEXT PAGE] Item 1J-16 Contract No. C43540 8 C:\Users\gsanchez\Desktop\After Meeting Follow Up\07-04-2022 After Mtg Follow-up\2K C43540\C43540 Agreement.docx SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND CIRCUIT TRANSIT, INC IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CITY OF PALM DESERT CONTRACTOR By: By: Jan C. Harnik, Mayor Print Name Title Attest: Anthony J. Mejia, City Clerk Approved as to form: Robert W. Hargreaves, City Attorney QC: Insurance: Initial Review Final Review Daniel Kramer (Jul 28, 2022 13:23 PDT) Daniel Kramer Vice President, Operations & Business Development Daniel Kramer Robert Hargreaves (Jul 28, 2022 15:55 PDT) Anthony Mejia (Aug 1, 2022 11:35 PDT) mr mr Item 1J-17 Contract No. C43540 Exhibit A 2022 - 2023 City of Palm Desert NEV Operations Schedule Month # of Days Hours Per Day Total Hours Per Cart Regular Hours October 14 - 31, 2022 18 7 126 November 1-30, 2022 (excluding Thanksgiving) 29 7 203 December 1-31, 2022 (Excluding Christmas) 30 7 210 January 1-31, 2023 31 7 217 February 1-28, 2023 28 7 196 March 1-31, 2023 31 7 217 April 1-30, 2023 30 7 210 May 1-29, 2023 29 7 203 Total Annual Regular Hours - One (1) Cart 1582 Total Annual Regular Hours - Two (2) Carts 3164 Total Annual Regular Hours - Three (3) Carts 4746 Overtime Hours Month(s) Hours Per Month Number of Months Total Hours Per Cart October 2022 - February 2023 4 5 20 March 2023 64 1 64 April - May 2023 4 2 8 Total Annual Overtime Hours - One (1) Cart 92 Total Annual Overtime Hours - Two (2) Carts 184 Total Annual Overtime Hours - Three (3) Carts 276 Item 1J-18 Request for Proposal Operations of Neighborhood Electric Vehicles NEV as a Courtesy Cart Service 2022 REQ 127 for City of Palm Desert Prepared for: City of Palm Desert 73 510 Fred Waring Drive Palm Desert, CA 92260 Date:June 29, 2022 Prepared by:Circuit Transit Inc Daniel Kramer, Vice President of Operations & New Business daniel@ridecircuit.com | 562 252 6680 James Mirras, COO & Co-Founder james@ridecircuit.com | 631 903 4448 Exhibit B Contract No. C43540 Item 1J-19 Table of Contents Cover Letter 3 Experience and Technical Competence 5 References REDACTED 5 Firm Staffing 5 Driver Requirements 6 Local Hiring Preferences 7 Training 7 Customer Service 8 Subcontractors 10 Proposed Method to Accomplish the Work 10 Vehicles 10 Vehicle Maintenance 12 Access to Additional Vehicles 13 Storage & Charging 13 Advanced Cleaning 13 Service Design 14 Fixed Route Option 14 On-Demand Option 15 Pricing- CONFIDENTIAL 18 Project Team Resumes 19 Case Studies 24 Case Study San Diego, CA 25 Case Study New Rochelle, NY 30 Case Study Hollywood, FL 33 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 2 of 36 Contract No. C43540 Item 1J-20 Cover Letter Circuit Transit Inc ridecircuit.com June 29, 2022 Deborah Glickman Management Analyst 73510 Fred Waring Dr Palm Desert, CA 92260 Email:dglickman@cityofpalmdesert.org Phone: 760 776 6441 Re: Request for Proposals RFP for Operations of Neighborhood Electric Vehicles NEV as a Courtesy Cart Service Dear Ms. Glickman, This submittal is for the City of Palm Desert RFP for Operations of Neighborhood Electric Vehicles NEV as a Courtesy Cart Service.This proposal will show that Circuit Transit Inc has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in neighboring San Diego, Orange and Los Angeles counties and local knowledge and familiarity with the City of Palm Desert. Circuit is an active service provider in Southern California that's responsible for the successful deployment and management of services that are very similar in scope to those described in the RFP. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV Shuttle Services in the US. With successful operations in 30 markets across California, Texas, New York, New Jersey, California and South Florida, Circuit provides both national expertise and local experience. Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has West Coast offices in Los Angeles and San Diego. The company's officers and project leads are as follows: Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 3 of 36 Contract No. C43540 Item 1J-21 James Mirras COO / Co-Founder Daniel Kramer VP of Operations & Sales Email: james@ridecircuit.com Email: daniel@ridecircuit.com Tel: 631 903 4448 Tel: 562 252 6680 James and Daniel have the authority to negotiate and contractually obligate the company. Daniel will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to work with the City to provide a turn-key service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Daniel Kramer VP, Operations & Business Development, Circuit Transit Inc daniel@ridecircuit.com 562 252 6680 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 4 of 36 Contract No. C43540 Item 1J-22 Experience and Technical Competence Circuit Transit is an experienced operator with over 11 years of experience helping communities enhance mobility and reduce transportation-related emissions while promoting local economic development and creating local jobs. We have a professional team with expertise in operations, marketing, technology, reporting and more. We are incredibly excited about the opportunity to work with the City of Palm Desert to run an effective and measurable NEV program throughout the El Paseo Shopping District. We have the proven capabilities and background in operating sustainable NEV programs to provide residents and visitors a safe and broadly accessible zero-emissions transportation option, having provided over 6 million rides to date. Our team has experience designing and operating programs to address parking issues, congestion, improve accessibility and circulation, and provide economic benefits to the local community. Circuit offers the City of Palm Desert the opportunity to hire an experienced operator who can bring an innovative approach to the existing El Paseo Courtesy Carts program. Circuit has operated similar services in nearby communities of Southern California, including Chula Vista, San Diego, Newport Beach, Huntington Beach, Marina del Rey, Venice, Santa Monica, Culver City, Leimert Park (a disadvantaged community in Los Angeles), and SoFi Stadium in Inglewood. Circuit also was selected with the City of Chula Vista for a CARB Clean Mobility Options grant focused on first/last-mile transportation solutions for seniors which launched earlier this month. Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EV’s and NEVs. Our proven model provides a fun alternative to single occupancy vehicle trips SOVs), reduces Vehicle Miles Traveled VMTs), creates local jobs, and covers the last mile at little or no cost to the rider. In 2021, Circuit helped its partners reduce traffic and congestion by over 1 million vehicle miles traveled VMTs) and reduced greenhouse gas emissions by 535 metric tons CO2, saving over 60,000 gallons of gas while providing over 6 million rides in our fully electric fleet since starting. References -REDACTED Firm Staffing Circuit has a professional team to assist with the planning, launch, implementation, and reporting for the program and any service extensions. The key team members detailed below have expertise in national operations, marketing, advertising sales, technology, reporting, innovation, grant writing and expansion - as well as local expertise in Southern California markets. In each of our markets, we build for long-term ongoing success and have the team to achieve it. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 5 of 36 Contract No. C43540 Item 1J-23 Each Circuit location has a dedicated team of managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Local teams are overseen by a regional management structure and corporate operations team. If selected as the operator of the Courtesy Carts program, Circuit anticipates hiring one Operations Supervisor to report to Daniel Kramer, along with 4 6 drivers who would report to the Operations Supervisor including one Shift Supervisor. Operations Supervisor Full-time hired position On-site at all times during service hours, drives 40 hours per week Responsible for day-to-day operations, vehicles and staff Reports directly to Regional General Manager Direct reports are Shift Supervisors and Driver Ambassadors Perform dispatch and customer service responsibilities as needed Shift Supervisor Full-time hired positions On-site at all times during service hours, drives 40 hours per week Perform dispatch and customer service responsibilities as needed Additional training and responsibilities Shift reporting and “hand-off” submissions Driver Ambassadors Full-time and part-time employees Circuit- hired, W2 employees) Living-wage pay and benefits Follow Circuit operational policies and local rules for revenue service What We Look For In A Driver Outgoing, Inviting, Friendly Local Resident and/or Local Knowledge Safe & Responsible Customer Service experience Team oriented Self-Motivated with a focus on development Dependability All of these local teams are supported by a strong, diverse and experienced national team. The Corporate” team at Circuit has a variety of backgrounds including experience with: technology and technology development, bookkeeping, finance and accounting, marketing, communications, advertising sales, parking, real estate development, transportation planning, grant writing, management, staffing, hiring, training, fare collection and transportation law. Driver Requirements Legal: All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 6 of 36 Contract No. C43540 Item 1J-24 Insurance Clearance, Drug & Alcohol Testing, Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. Personality: Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well our partners (city, sponsors, etc.). We look for motivated, outgoing, excited and responsible employees to represent our brand. Pre-Hire Driver Exam: Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. Local Hiring Preferences Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals is ensuring staff are familiar with the location and can serve as knowledgeable ambassadors. Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. As we have done in other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified, local candidates. Training Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. We look for motivated, outgoing, excited and responsible employees to represent our brand. Ongoing training is conducted on a quarterly basis to update on safety, optimal vehicle operation, customer service, assisting riders with disabilities, and operational protocol. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the contracting agency, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: Safe operation of an electric vehicle Efficient operation of an EV, maximizing battery efficiency Advanced cleaning procedures Safety guidelines and policies COVID19 advanced safety and cleaning policies and procedures Customer service and passenger relations ADA regulations and operations Use of the Driver Mobile App Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 7 of 36 Contract No. C43540 Item 1J-25 Communications policies Emergency procedures and plan Accident reporting/procedures Circuit also provides ongoing training and retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and law enforcement departments for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Driver retention is a factor that the company is proud of and over the past 18 months (and through COVID 19 Circuit boasts a retention rate of 88% across all of our operations. This is the result of the diverse work environment that Circuit creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. Our riders consistently rate our drivers highly and list them as one of their favorite things about the service. Circuit drivers are ambassadors to the city and the community - for visitors as well as residents of the region. We often receive feedback from riders that they wish the service was in their community as well - showing that there is unmet demand, and that the model for this service is replicable and seen as an asset to the region and community. My driver] was above and beyond the best ever introduction to your city, your company, and your concept. Just could not be more impressed. Want to tell everyone I can in Seattle that we need a service like you provide; along with representatives like [my driver]. Thank you!!” Thanks for a memorable introduction to your beautiful city.” Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We additionally include customer relations as a part of our training program, which includes updates to policy related to COVID19 and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This would cover training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees would have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training would be a multistep process including initial shadowing of another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 8 of 36 Contract No. C43540 Item 1J-26 including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Circuit has a customer service phone number and email. Riders can also submit feedback within the mobile application and through the website. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. Our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Circuit can provide updates and reports on Customer Service to the City as needed. Key Personnel Circuit has brought together a diverse team with expertise in neighborhood electric vehicle operations, micro-mobility, electric carshare, parking, and curbside management. This collaborative team has extensive experience in first/last mile operations, mobility hubs, grant writing, electric vehicle operations, and maintenance, designing and scaling pilot programs, and local community outreach and engagement. All project partners have deployed services and technology with live demonstrations and municipal partnerships. The team is happy to bring on additional expertise and partners if desired. Short biographies are provided for key team members below for Circuit. One-page resumes for each are available in Project Team Resumes. Daniel Kramer, Vice President of Operations & Business Development,will oversee the launch and ongoing operation of the Courtesy Carts program. Daniel is based in Los Angeles and would be on the ground in Palm Desert on a regular basis. Daniel will be the City’s primary point of contact. James Mirras, COO / Co-Founder,will work closely with Daniel to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Palm Desert. Tucker Costello, Managing Director, Internal Development,will handle the location deployment within the mobile app, testing, and coordination with operations staff, handle features requests, and lead ongoing testing and technical support if the City elects to utilize Circuit’s mobile app. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 9 of 36 Contract No. C43540 Item 1J-27 Anita Chen, General Counsel,will assist in contract negotiations and ensure required registrations and regulations are met. Subcontractors Circuit does not intend to use any Subcontractors for this project. Proposed Method to Accomplish the Work With 11 years, 150 vehicles, 9 states, and 30 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. In Palm Desert, Circuit will provide its turn-key micro-transit solution using a fleet of all-electric Waev (formerly Polaris) GEM e61 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Palm Desert. Circuit’s services can be implemented quickly and are proven to be cost-efficient and effective in tackling mobility challenges. Circuit will leverage its regional and local knowledge and resources to help the City design a scalable and sustainable program. Vehicles For this program, we propose using a total of 2 3 all-weather, all-electric Waev GEM e6 neighborhood electric vehicles. Circuit has extensive experience and expertise operating and maintaining these vehicle types for use in on-demand micro-transit operations and specifically in Southern California. Waev GEM e6 neighborhood electric vehicle 1 https://gem.polaris.com/en-us/e6/specs/ Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 10 of 36 Contract No. C43540 Item 1J-28 The GEM vehicles seat 6 passengers (including the driver) and are made in the United States. The slim and efficient design reduces interference with traffic and decreases passenger loading time. The cars are ideal vehicles for short-range, sustainable, about-town transportation. Circuit will deploy the model year 2020 or later vehicles for this program. While Circuit uses these vehicles in its other markets and intends on using them in the City, it has designed all of its systems so that the vehicles can be interchangeable. It is ready and willing to consider and implement other options such as different vehicles, larger capacity shuttles, and autonomous vehicles (if/when the technology is available). Each vehicle includes an iPad display which can allow riders to take selfies using our photo booth application and see digital advertising videos from our sponsors. Each driver has an iPhone to see ride requests, safely communicate with management and riders, and optimize routes. Additional benefits include: Range Over 8 hours of range achieved Environmental Impact Less carbon emissions, reducing the City’s carbon footprint Numerous Vehicles Operating numerous vehicles increases the flexibility to customize the service to best serve the needs of the public Ridership The car’s design is fun and inviting in nature, encouraging riders to hop aboard Interior Comfort The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, cup holders, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver Open Air Feel Each rider has their own window and door. The vehicle windows can be rolled down partially or fully for an open air feel, providing more comfort and safety. Maintenance Circuit has GEM certified mechanics on staff that can maintain and perform warranty work on the vehicles. Extra vehicles are also available if a car is inoperable Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 11 of 36 Contract No. C43540 Item 1J-29 Circuit is happy to work with the City of Palm Desert to scale services with additional vehicles as demand increases. Circuit’s vehicle branded with Santa Monica Pride Month campaign and Circuit’s Brightline+ service providing on-demand rides to/from all Brightline Train stations Circuit’s all-weather GEM vehicles shuttling visitors in Plymouth, MA and displayed at a launch event in Pompano Beach, FL. Vehicle Maintenance Circuit has GEM certified technicians and mechanics on staff that maintain and perform warranty work on all vehicles. Extra vehicles are also available in surrounding markets to temporarily replace a vehicle that is inoperable and may be out of service for an extended time. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to plan future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 12 of 36 Contract No. C43540 Item 1J-30 Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and have a local maintenance team in San Diego to manage regular and ongoing maintenance for this service. Access to Additional Vehicles Given our nearby operations, we are readily able to supply additional GEM electric vehicles on short notice on an as-needed basis. In the event, a vehicle needs maintenance, Circuit’s in-house maintenance team can be on-site within 24 hours, and work can be outsourced to our dealer/partner CartMart who has a sales and maintenance team nearby in La Quinta. The vehicle manufacturer, Waev, is also nearby in Anaheim and can help on an as-needed basis. If needed, a new vehicle can be brought to the market, or for events, within 24 48 hours. We have 35 vehicles within Southern California that are Circuit owned and therefore we have immediate access to this fleet. Storage & Charging Circuit plans to utilize the City of Palm Desert’s storage and charging infrastructure. As stated in the question & answer section of OpenGov, “The City has a parking garage area in the parking garage at The Gardens on El Paseo parking structure. There are plugs available where the City carts are charged.” Advanced Cleaning Vehicles will be regularly cleaned in the interior and exterior to maintain a safe and clean environment, professional looking appearance, and comfortable experience for riders. This is part of our standard cleaning, health, and safety protocol. There has since been an increased attention to the service Circuit offers as ridership for mass transit and rideshare services with independent contractors has dwindled. There is increased demand for smaller, lower capacity transit services that are easier to perform regular sanitizing between riders and options to keep groups separated. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 13 of 36 Contract No. C43540 Item 1J-31 Circuit has incorporated advanced cleaning and safety measures in line with best practices under the current pandemic crisis, including additional training for drivers and operational staff. These measures have included regular cleaning of vehicles, masks required for riders and drivers, turning off the app pooling feature, reducing vehicle passenger capacity, and fitting and adding physical plastic partitions between passenger seating rows and between passengers and the driver. We have incorporated in-app and email/social media messaging to notify passengers of changes. Our operations team has piloted advanced cleaning through ultraviolet technology in partnership with UVC technology startup Dimer.2 We have worked closely with our City Partners to coordinate any service changes and have implemented advanced safety measures. We added rider messaging to remind riders of requirements to use the service and note local service changes. We adjusted to help deliver food in partnership with food banks, restaurants, and grocery stores and transport visiting nurses between their hotel and hospital. We have also implemented rigorous safety measures to keep our drivers and the community safe. In Hollywood, we instituted mandatory COVID 19 testing for drivers as well as temperature checks with an infrared thermometer prior to each shift. Service Design Fixed Route Option While Circuit’s experience is in tech-enabled, on-demand shuttle services, we are more than capable of operating this program as the current Courtesy Carts program does along a fixed route on El Paseo between Portola Avenue and Highway 74. 2 https://www.ridecircuit.com/circuit-and-dimer Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 14 of 36 Contract No. C43540 Item 1J-32 On-Demand Option Alternatively, Circuit proposes utilizing our proprietary rider app to offer an on-demand service to cover El Paseo as well as surrounding businesses in a demand-based coverage area with point-to-point service where riders can request a ride to/from any location within the geo-fenced service map. Circuit’s pooling algorithm will further reduce single-occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. Circuit has a custom proprietary mobile app for requesting rides available for Android and iPhone. Website:www.ridecircuit.com Apple:https://apps.apple.com/us/app/ride-circuit/id988052033 Android:https://play.google.com/store/apps/details?id=com.thefreeride.rider Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.7 rating on the App Store and a 4.2 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other microtransit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 6M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 15 of 36 Contract No. C43540 Item 1J-33 Our dynamic pooling feature has resulted in 30%increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators in the Southern California region. Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Circuit is able to use its technology to track rider data, vehicle management and driver scheduling, while also delivering valuable reports. Using this data, for example, Circuit is able to adjust service hours and/or number of cars on times, days, months and seasons. Our program is flexible, allowing changes within 24 hours, and can be scaled to achieve the maximum level of service. Option #1 Geofenced Service Area The first on-demand option allows riders to request a ride from any two points within the geofenced service area. Riders can enter a specific address, business name, use the “current location” option. Circuit’s geofenced service area model and ride request screen within the Ride Circuit mobile application. service area shown above is for example purposes only and can be designed to the City’s preference Option #2 Circuit Connects Virtual Stops Alternatively, Circuit’s virtual stop option, called Circuit Connect’s, allows the City of Palm Desert to designate any number of virtual stops throughout the service area. Ride requests must begin and end at any of the predetermined virtual stops. A rider is still able to enter an address, business name or use the “current location” option, after which the app will show the nearest virtual stop with a description of the location for the request or to walk to. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 16 of 36 Contract No. C43540 Item 1J-34 Circuit’s virtual stops model in the El Paseo service location Circuit Connects) Redacted] CONFIDENTIAL Management dashboard showing the ability to add/adjust virtual stops in the El Paseo service location above) Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 17 of 36 Contract No. C43540 Item 1J-35 Pricing-CONFIDENTIAL In addition to the pricing added to OpenGov, Circuit summarized pricing options below to include the option of using the existing Courtesy Carts fleet as well as an option to use Circuit’s GEM vehicles. Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 18 of 36 Contract No. C43540 Item 1J-36 Project Team Resumes Project Team resumes continue on the following pages: Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 19 of 36 Contract No. C43540 Item 1J-37 DANIEL KRAMER daniel@ridecircuit.com | 562 252 6680 SUMMARY Daniel is the Vice President of Operations & Business Development and works with clients to develop first/last mile transportation programs. His commercial real estate background and sales experience have been key to developing our private developer and municipal sales strategy, which has led to valuable pilot projects. He is an integral part in launching service in US markets, planning for international expansion, assisting in managing operations, and focusing on quality control. Daniel has led key projects with disadvantaged communities and state grants in Circuit’s California market, including programs focused on low income communities of color, senior citizens 55 and older, and beach and parks access. He has experience managing various community stakeholders, state grant requirements and budgets, and optimizing services based on community feedback. PROFESSIONAL EXPERIENCE Circuit Transit Los Angeles, CA Vice President of Operations & Business Development Oct 2017 present Pizza Rock Restaurant Group Long Beach, CA Real Estate Manager Jan 2017 Aug 2018 KZ Companies Irvine, CA Real Estate Associate July 2015 Sept 2016 Marcus & Millichap Long Beach, CA Broker May 2014 July 2015 EDUCATION The University of Arizona Bachelor of Arts Communications Graduated 2014 Harvard Business School Online Certificate Sustainable Business Strategy Completed Nov 2019 ADHI Schools LLC Passed CA Real Estate Salesperson Exam Passed Exam Mar 2014 AFFILIATIONS ICSC, International Council of Shopping Centers Member NAIOP, Commercial Real Estate Development Association Member California Department of Real Estate License # 01943292 OSHA 30 Hour Construction Certified SKILLS Negotiation, communication, problem solving, critical thinking, time management, adaptability, passionate, detail-oriented Experience with the following tools: Excel, Publisher, Project, PowerPoint, Co-Star, SketchUp, arcGIS Led projects with title sponsors, including major events for PGA and NFL Hiring and team building across diverse operational teams, including setting up local hiring preferences and coordinating with workforce development programs Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 20 of 36 Contract No. C43540 Item 1J-38 JAMES MIRRAS james@ridecircuit.com | 631 903 4448 SUMMARY James Mirras is Co-Founder and COO/CFO of Circuit. James received his BS in Finance from University of Florida. Prior to Circuit, James worked for Morgan Stanley NYSE MS in New York City as an intern then associate on the repurchase agreement trading desk. After nearly 3 years at Morgan Stanley, James set off to manage Circuit (then, Hamptons Free Ride) Finance and Operations full time. His attention to detail, people skills and strong work ethic helped create a solid foundation that the company has been able to grow. James will leverage these skills and experience, including implementing nationwide operations as well as the Circuit NR pilot program, to ensure a smooth transition and expansion of the pilot program into a sustainable longer-term service. With over 11 years of experience in transportation operations, he has led the development of our operational s and standardization for scalability, including training programs, handbooks, policies, and our COVID 19 respon combined with his financial expertise has allowed Circuit to achieve its current scale and plan for future growt PROFESSIONAL EXPERIENCE Circuit Transit New York, NY COO / Co-Founder 2010 present Created vertically integrated platform for all-electric microtransit systems at intersection of technology, people, and operations Experienced electric vehicle operator with over 11 years of experience operating and maintaining electric vehicles, including custom fabrication, advertising campaign installation, and charging infrastructure management Oversees and directs national, regional, and local operations Built, hired, and developed a team of over 300 national, regional, and local operations employees, including a regional and local management structure and driver ambassador program, recently achieving an 89% retention rate Launched over 40 new markets across 9 states, with successful long term markets of 10 years of continuous operation Developed fleet management, insurance programs, and fleet procurement strategies across operating markets Developed Standard Operating Procedures, Emergency Action Plan, Driver Manuals, and other key training and procedural documents in coordination with legal and compliance experts Developed impact metrics and monthly reporting documentation for City and other partners Morgan Stanley New York, NY Associate 2009 2012 On the line team for financing firm’s daily operating activities Performed front end and back end activities of prime brokerage business with client facing order processing to execute and settle trades Experience with high-level client management and meeting client expectations for a heavily regulated industry EDUCATION University of Florida Gainesville, FL B.S. Finance 2005 2009 PROFESSIONAL MEMBERSHIPS, AFFILIATIONS, CERTIFICATIONS National Rural Transit Assistance Program RTAP ADA Training Completion Association for Commuter Transportation, member Amazon Web Services Accelerator Los Angeles Cleantech Incubator, Market Access Program, Los Angeles CA Urban-X Accelerator, New York NY CivStart Accelerator, Washington DC Joules Accelerator, Duke Energy, Durham NC Leading Cities Accelicity Accelerator, Boston MA Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 21 of 36 Contract No. C43540 Item 1J-39 TUCKER COSTELLO tucker@ridecircuit.com | 631 255 3075 SUMMARY Tucker Costello handles internal business and technical development. Over a decade of hands-on hardware and software implementation in personal, academic, and business settings has given him a deep understanding of how technology can enhance our work. When he is not facilitating with the development team or testing the latest app updates, Tucker is using his understanding of systems architecture and team communication to keep us connected and focused. He has led our technology suite build, including our Ride Circuit app for iOS & Android, Driver App for iOS, Admin Panel (web-based dashboard), Backend services, Data collection and reporting, In-car iPad app Photo Booth/Advertiser content), and Circuit website. PROFESSIONAL EXPERIENCE Circuit Transit New York, NY Managing Director, Internal Development 2016 present Project management for software development, including project scoping, prioritization, quality assurance and testing, and ongoing improvements and maintenance Backend management of Circuit databases, technical services, technical maintenance program, and data privacy Maintain architecture, software systems, and technology subscriptions and develop proactive plans for technology resilience Manage inventory and security protocols for physical technology and infrastructure, including laptops, mobile devices, and other technology systems Overseeing customer service processes and feedback loops through the app, website, email, and phone Manage internal technical administration processes, including software and tools for team communication, scheduling, data and information storage, data querying, and permissions Ross School East Hampton, NY Assistant Director, Community Programs 2008 2016 EDUCATION Skidmore College Bachelor of Arts Media & Communications Saratoga Springs, NY 2008 2012 PROFESSIONAL MEMBERSHIPS & AFFILIATIONS Amazon Web Services Smart Cities Accelerator Mobility Cohort Urban-X Accelerator, New York NY TECHNICAL EXPERIENCE Technical project management JQuery, JavaScript iOS and Android mobile app product development and launch Web application, custom dashboard and reporting development Quality Assurance testing User Experience / User Interface Design, Technical Customer Support Research in API planning and implementation Familiarity with Web Content Accessibility Guidelines WCAG 2.1 compliance requirements Familiarity and experience with data privacy standards and management Experience with the following technical services and project management tools: Mixpanel, Monday.com, Tableau, Firebase, TestFlight, Squarespace, Twilio, SendGrid, MongoDB, AWS, BugSnag, DataDog, Google API, GitHub, GraphHopper, Google My Maps Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 22 of 36 Contract No. C43540 Item 1J-40 ANITA CHEN anita@ridecircuit.com | 917 922 7070 SUMMARY Anita is a seasoned In-House Counsel whose main goal is to protect the interests of the company and its employees. Proven ability to navigate complex legal issues, provide timely and practical advice, and manage outside counsel. A strong combination of legal, business and people acumen. PROFESSIONAL EXPERIENCE Circuit Transit Los Angeles, CA In-House Counsel February 2018 Present Legal Services Of New York Manhattan, New York Board of Directors January 2008 May 2012 Law Office of Anita L. Chen New York, New York Attorney at Law March 2002 January 2005, February 2007 December 2011 Legal Services Of New York New York, New York Staff Attorney January 2005 February 2007 Civil Court of the City Of New York Brooklyn, New York Staff Attorney April 2004 January 20057 Lebouef, Lamb, Greene & Macrae, L.L.P.Brooklyn, New York Litigation Associate September 1997 April 2001 South Brooklyn Legal Services Brooklyn, New York Of Counsel, Housing Unit May September 1999 EDUCATION Touro College Jacob D. Fuchsberg Law Center Uchsberg Law Center Juris Doctor May 1997 New York University Bachelor of Science in Finance and Marketing May 1992 ADMISSIONS New York State, S.D.N.Y. and E.D.N.Y. SKILLS Industry Knowledge: Transportation Law, Corporate Law, Employment Law Technical Skills: Microsoft Word, Google Suite. Legal Research, Legal Writing Soft Skills: Communication, Research, Legal Writing, Legal Research, Legal Analysis, Notary Public Language: Cantonese Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 23 of 36 Contract No. C43540 Item 1J-41 Case Studies Case Studies for Circuit programs continue on the following pages: Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 24 of 36 Contract No. C43540 Item 1J-42 Case Study San Diego, CA Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 25 of 36 Contract No. C43540 Item 1J-43 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 26 of 36 Contract No. C43540 Item 1J-44 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 27 of 36 Contract No. C43540 Item 1J-45 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 28 of 36 Contract No. C43540 Item 1J-46 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 29 of 36 Contract No. C43540 Item 1J-47 Case Study New Rochelle, NY Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 30 of 36 Contract No. C43540 Item 1J-48 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 31 of 36 Contract No. C43540 Item 1J-49 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 32 of 36 Contract No. C43540 Item 1J-50 Case Study Hollywood, FL Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 33 of 36 Contract No. C43540 Item 1J-51 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 34 of 36 Contract No. C43540 Item 1J-52 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 35 of 36 Contract No. C43540 Item 1J-53 Palm Desert RFP #2022-REQ-127 for City of Palm Desert Page 36 of 36 Contract No. C43540 Item 1J-54 C43540 Circuit Transit Final Audit Report 2022-08-02 Created:2022-07-26 By:M. Gloria Sanchez CMC (gsanchez@cityofpalmdesert.org) Status:Signed Transaction ID:CBJCHBCAABAA9HmMIDvrlUvhUXsriip5dV83XnOASVmF C43540 Circuit Transit" History Document created by M. Gloria Sanchez CMC (gsanchez@cityofpalmdesert.org) 2022-07-26 - 7:10:23 AM GMT- IP address: 64.60.5.80 Document emailed to Mariana Rios (mrios@cityofpalmdesert.org) for approval 2022-07-26 - 7:18:06 AM GMT Email viewed by Mariana Rios (mrios@cityofpalmdesert.org) 2022-07-26 - 7:18:24 AM GMT- IP address: 104.28.85.121 Document approved by Mariana Rios (mrios@cityofpalmdesert.org) Approval Date: 2022-07-26 - 3:49:35 PM GMT - Time Source: server- IP address: 64.60.5.80 Document emailed to Daniel Kramer (daniel@ridecircuit.com) for signature 2022-07-26 - 3:49:38 PM GMT Email viewed by Daniel Kramer (daniel@ridecircuit.com) 2022-07-27 - 2:51:15 AM GMT- IP address: 74.125.209.51 Document e-signed by Daniel Kramer (daniel@ridecircuit.com) Signature Date: 2022-07-28 - 8:23:10 PM GMT - Time Source: server- IP address: 70.168.251.142 Document emailed to robert.hargreaves@bbklaw.com for signature 2022-07-28 - 8:23:13 PM GMT Email viewed by robert.hargreaves@bbklaw.com 2022-07-28 - 10:53:54 PM GMT- IP address: 104.28.123.109 Signer robert.hargreaves@bbklaw.com entered name at signing as Robert Hargreaves 2022-07-28 - 10:55:01 PM GMT- IP address: 107.77.212.91 Document e-signed by Robert Hargreaves (robert.hargreaves@bbklaw.com) Signature Date: 2022-07-28 - 10:55:03 PM GMT - Time Source: server- IP address: 107.77.212.91 Item 1J-55 Document emailed to Jan Harnik (jharnik@cityofpalmdesert.org) for signature 2022-07-28 - 10:55:05 PM GMT Email viewed by Jan Harnik (jharnik@cityofpalmdesert.org) 2022-08-01 - 6:34:08 PM GMT- IP address: 64.60.5.80 Document e-signed by Jan Harnik (jharnik@cityofpalmdesert.org) Signature Date: 2022-08-01 - 6:34:39 PM GMT - Time Source: server- IP address: 64.60.5.80 Document emailed to Anthony Mejia (amejia@cityofpalmdesert.org) for signature 2022-08-01 - 6:34:42 PM GMT Email viewed by Anthony Mejia (amejia@cityofpalmdesert.org) 2022-08-01 - 6:35:22 PM GMT- IP address: 203.78.172.33 Document e-signed by Anthony Mejia (amejia@cityofpalmdesert.org) Signature Date: 2022-08-01 - 6:35:39 PM GMT - Time Source: server- IP address: 64.60.5.80 Document emailed to mrios@cityofpalmdesert.org for approval 2022-08-01 - 6:35:41 PM GMT Email viewed by mrios@cityofpalmdesert.org 2022-08-01 - 11:17:34 PM GMT- IP address: 188.212.140.226 Signer mrios@cityofpalmdesert.org entered name at signing as Mariana Rios 2022-08-02 - 5:24:14 PM GMT- IP address: 64.60.5.80 Document approved by Mariana Rios (mrios@cityofpalmdesert.org) Approval Date: 2022-08-02 - 5:24:15 PM GMT - Time Source: server- IP address: 64.60.5.80 Agreement completed. 2022-08-02 - 5:24:15 PM GMT Item 1J-56 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: RATIFICATION OF MULTIPLE VENDOR CONTRACTS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY PROPERTIES, IN THE AGGREGATE AMOUNT NOT TO EXCEED $270,000 RECOMMENDATION: 1.Ratify the award of multiple vendor contracts for construction management services entered between the City of Palm Desert (“City”) and Anser Advisory Management LLC (“Anser”), MARRS Services, Inc. (“MARRS”), and MAAS Companies, Inc. (“MAAS”), to support the completion of capital improvement projects at the Housing Authority properties in the aggregate amount not to exceed $270,000. 2.Authorize the City to administer the contracts on behalf of the Housing Authority and authorize the City Manager to execute said contracts and subsequent task orders. 3. Authorize Director of Finance to transfer of $100,000 from Housing Authority Account Number 8714195-4309200 to Account Number 8714195-4331100 for fiscal year 2022/23. 4.Direct the Director of Finance and Director of Public Works/Capital Projects to review annual expenditures and performance of the vendors under said contracts. 5.Authorize the contracts subject to the City attorney’s non-monetary changes as to form. BACKGROUND/ANALYSIS: On February 16, 2023, the City Council approved multiple vendor contracts for Construction Management Services with Anser and MARRS, in an amount not to exceed $11,739,394 as a result of a Request for Proposal (“RFP”). Subsequently, on March 23, 2023, the City Council authorized an additional construction management provider MAAS. A copy of the RFP, proposal and vendor contract(s) are on file with the City Clerk’s Office. The goal of the City with this approval is to have available and to use the expertise of the multiple construction management consultants to support completion of several deferred capital improvement repair and maintenance projects, including projects at the Housing Authority properties. Shortly after the City’s approval, the City Manager approved a task proposal with MAAS and Anser to complete a Health and Safety Assessment and Project Inspections at the Housing Authority properties. In addition to the 2022/23 task order, the Housing Authority has a need for further construction management services to support planned and unforeseen/emergency projects in the 2023/24 fiscal year. The City will continue to administer the multiple vendor contracts on behalf of the Housing Authority. Item 1K-1 Palm Desert Housing Authority Ratification of Answer, MAARS and MASS Construction Management Services Contract Page 2 of 2 The multiple vendor contracts will be managed on behalf of the Housing Authority in a task order format. Upon agreement of proposal and terms, a task order agreement will be issued to the consultant. Tasks and expenses for the Housing Authority will be closely monitored to ensure the three aggregate contract amounts do not exceed $270,000. Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting on July 12, 2023. Upon request, a verbal report will be provided. FINANCIAL IMPACT: Task orders may be issued in an aggregate amount not to exceed $270,000 and paid from the Housing Authority Capital Replacement Fund. There is no financial impact to the City’s General Fund. REVIEWED BY: Department Director: Eric Ceja City Attorney: Isra Shah Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo Executive Director: Todd Hileman Item 1K-2 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Celina Cabrera, Management Analyst REQUEST: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT HA 40360 WITH SOUTHWEST PROTECTIVE SERVICES, INC. FOR COURTESY PATROL SERVICES AT PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL AMOUNT NOT TO EXCEED $145,517.20 RECOMMENDATION: 1. Approve Amendment No. 2 (“Amendment”) to Contract HA 40360 with Southwest Protective Services, Inc. for courtesy patrol services at the Palm Desert Housing Authority (“Authority”) properties effective September 1, 2023, for an additional 1-year term in a total annual amount not to exceed $145,517.20 (includes an annual amount not to exceed $135,517.20 and up to $10,000 for additional services to be requested as needed). 2. Authorize the Executive Director to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. BACKGROUND/ANALYSIS: On August 27, 2020, following an RFP process, the Authority’s Board approved a contract with Southwest Protective Services, Inc. (“Southwest”) to provide courtesy patrol services at the Housing Authority’s 15 properties (“Properties”). The contract’s initial 2-year term was amended by the Authority’s Board on July 14, 2022, to extend it for an additional one (1) year term. Amendment No. 2 would represent the second extension of the three (3) permitted optional 1- year term extensions. Southwest has performed satisfactorily and was presented an option to renew by the Authority. Staff has negotiated the attached proposal for Amendment No. 2 of the original contract, set to expire August 30, 2024. The proposal includes a 5% increase over the current term. Commission Recommendation: Housing Commission will review this recommendation at its regular meeting on July 12, 2023. Upon request, a verbal report will be provided at the Housing Authority’s regular meeting on July 13, 2023. FINANCIAL IMPACT: The fiscal impact of the request is the annual cost of the agreement based on a not-to-exceed amount of $135,517.20 plus $10,000 for additional services as needed. Funds have been budgeted in the FY 2023/24 operating budget allocated within each of the 15 Housing Authority Properties. REVIEWED BY: Item 1L-1 City of Palm Desert Approval of Amendment No. 2 to HA-40360 Southwest Protective Service, Inc. Page 2 of 2 Department Director: Eric Ceja City Attorney: Oscar Verdugo Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Original Courtesy Patrol Agreement, HA-40360, with Southwest Protective Service, Inc. 2. Amendment No. 1 to HA-40360 3. Amendment No. 2 to HA-40360 4. Southwest proposal for services September 1, 2023, through August 31, 2024 Item 1L-2 Item 1L-3 Item 1L-4 Item 1L-5 Item 1L-6 Item 1L-7 Item 1L-8 Item 1L-9 Item 1L-10 Item 1L-11 Item 1L-12 Item 1L-13 Item 1L-14 Item 1L-15 Item 1L-16 Item 1L-17 Item 1L-18 CONTRACT NO. HA40360 AMENDMENT NO.1 TO THE COURTESY PATROL SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND SOUTHWEST PROTECTIVE SERVICE, INC., DBA SOUTHWEST SECURITY, CORP. Parties and Date. This Amendment No. 1 to the COURTESY PATROL SERVICES AGREEMENT is made and entered into as of this 141h day of July 2022, by and between the Palm Desert Housing Authority ("Housing Authority") and Southwest Protective Service, Inc dba Southwest Security., a Corporation with its principal place of business at 45100 Golf Center Parkway, Suite E, Indio, CA 92201 (Consultant). The Housing Authority and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The Housing Authority and Consultant have entered into an agreement entitled Courtesy Patrol Services Agreement dated August 27, 2020 Agreement' or "Contract") for the purpose of retaining the services of consultant to provide Security Patrol Services for Palm Desert Housing Authority Properties. 2.2 Amendment. The Housing Authority and Consultant desire to amend the Agreement to extend the term and for additional compensation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 of the Agreement. 3. Terms. 3.1 Term. Section 3.1.2. of the Agreement is hereby amended in its entirety to read as follows: 3.1.1 The term of this Agreement shall be from September 1, 2022, to August 31, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Compensation. Section 3.3.1. of the Agreement is hereby amended in its entirety to read as follows: 3.2.1 Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "'I" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred twenty-eight thousand and five hundred eighty dollars ($128,580) without written approval of the City's Director Item 1L-19 Contract No. HA40360 of Public Works or his/her designee. Extra work may be authorized as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. Exhibit 1. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1 all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" or "Contract' appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON FOLLOWING PAGE] Page 2 of 4 Rev W11-2-20 WKMW.0W01132"50W.1 Item 1L-20 Contract No. HA40360 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO COURTESY PATROL SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND SOUTHWEST PROTECTIVE SERVICES, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Courtesy Patrol Services Agreement as of the day and year first above written. PALM DESERT HOUSING AUTHORITY Approved By: Todd Hil man (Jul 31, 202213:39 PDT) L. Todd Hileman, Executive Director Attested By: Anth ny Mep ug 1, 022 12:27 PDT) Anthony J. Mejia, Secretary APPROVED AS TO FORM: By. os (Ad 31, 202213:13 PDT) Best Best & Krieger LLP Special Counsel SOUTHWEST PROTECTIVE SERVICES, INC. Jason Jac 05:25 PDT) Signature Jason Jackson Name President & CEO Title Signature Name Title QC- MN Insurance: 2 Initial Review Page 3 of 4 00 rinai Keview Revised 11-2-20 66K 72500.00001\32445060.1 Item 1L-21 Contract No. HA40360 Exhibit 1 Page 4 of 4 Revised 11-2-20 BBK 725M00001\32445060.1 Item 1L-22 SOUTHWEST SECLJti' P.O.Box 2915, EL CENTRO, CA 92244 • INFO@SOUTHWESTSECURITY.NET . PPO# 18035 OFFICE: (760)970-4500 • FAX: (760)970-4510 , MOBILE: (760)996-1285 Ms. Teresa Vakili VIA E-MAIL TRANSMISSION: TeresaVakilir2romsomnanx.som General Manager RPM Company- Palm Desert Housing Authority 72-600 Fred Waring Drive Palm Desert, California 92260 June 29, 2022 RE: Contract extension September 1, 2022, through August 31,2023 Ms. Vakili, In response to Ms. Jessica Gonzales's letter, dated June 13, 2022 inquiring whether or not Southwest Protective Services, Inc., dba: Southwest Security would like to extend the terms of the agreement one (1) additional year. However, due to the unforeseen State minimum wage increase that will take place on January 1, 2023, and the historic rise in fuel costs (Per ycharts.com, California's average fuel rates for August 2020, $3.16 per gallon- May 2022, $5.87 per gallon - 85% increase), Southwest Security proposes the following rates for consideration for September 1, 2022 - August 30, 2023. September 1, 2022 -August 30, 2023 Foot Patrol Fee: $23.65 per hour Vehicle Patrol Fee: $9.075.00 per month The above proposed rates reflect a 5% annual increase to the "Foot Patrol Fee", and a 10% annual increase to the "Vehicle Patrol Fee". Very truly yours, SOUTHWEST PROTECTIVE SERVICES, INC. SOUTHWEST SECURITY s/s H. Jason Jackson President & CEO Cell: (760) 996-1285 Email: Mackson@SOUTHWESTSECURITY.NET Item 1L-23 HA40360 Amendment No. 1 Southwest Security Final Audit Report 2022-08-01 Created: 2022-07-20 By: Michelle Nance (mnance@cityofpalmdesert.org) Status: Signed Transaction ID: CBJCHBCAABAAY95kkg1EljoV1CKv0UPyeeMJR3yPKHAN HA40360 Amendment No. 1 Southwest Security" History Document created by Michelle Nance (mnance@cityofpalmdesert.org) 2022-07-20 - 8:47:11 PM GMT Document emailed to Mariana Rios (mrios@cityofpalmdesert.org) for approval 2022-07-20 - 8:50:07 PM GMT Email viewed by Mariana Rios (mrios@cityofpalmdesert.org) 2022- 07-21 - 7:07:23 PM GMT Document approved by Mariana Rios (mrios@cityofpalmdesert.org) Approval Date: 2022-07-21 - 7:10:16 PM GMT - Time Source: server Document emailed to Jason Jackson(jjackson@southwestsecurity.net) for signature 2022-07-21 - 7:10:20 PM GMT Email viewed by Jason Jackson Qjackson@southwestsecurity.net) 2022-07-21 - 8:04:40 PM GMT Email viewed by Jason Jackson(jjackson@southwestsecurity.net) 2022- 07- 26 - 6:15:43 PM GMT Email viewed by Jason Jackson Qjackson@southwestsecurity.net) 2022-07-31 - 12:24:22 PM GMT Document e-signed by Jason Jackson Qjackson@southwestsecurity.net) Signature Date: 2022-07-31 - 12:25:07 PM GMT - Time Source: server Document emailed to carlos.campos@bbklaw.com for signature 2022-07-31 - 12:25:09 PM GMT Email viewed by carlos.campos@bbklaw.com 2022-07-31 - 8:12:35 PM GMT a Adobe Acrobat Sign Item 1L-24 5b Signer carlos.campos@bbklaw.com entered name at signing as Carlos Campos 2022-07-31 - 8:13:21 PM GMT Document e-signed by Carlos Campos (carlos.campos@bbklaw.com) Signature Date: 2022-07-31 - 8:13:22 PM GMT - Time Source: server Document emailed to Todd Hileman (thileman@cityofpalmdesert.org) for signature 2022- 07-31 - 8:13:24 PM GMT Email viewed by Todd Hileman (thileman@cityofpalmdesert.org) 2022- 07-31 - 8:13:34 PM GMT 4' , Document e-signed by Todd Hileman (thileman@cityofpalmdesert.org) Signature Date: 2022-07-31 - 8:39:10 PM GMT - Time Source: server Document emailed to Anthony Mejia (amejia@cityofpalmdesert.org) for signature 2022-07-31 - 8:39:13 PM GMT Email viewed by Anthony Mejia (amejia@cityofpalmdesert.org) 2022-07-31 - 8:48:29 PM GMT C 6 Document e-signed by Anthony Mejia (amejia@cityofpalmdesert.org) Signature Date: 2022-08-01 - 7:27: 40 PM GMT - Time Source: server Document emailed to mrios@cityofpalmdesert.org for approval 2022- 08-01 - 7:27:44 PM GMT Email viewed by mrios@cityofpalmdesert.org 2022-08-01 - 11:07:26 PM GMT Signer mrios@cityofpalmdesert.org entered name at signing as Mariana Rios 2022- 08-01 - 11:08:22 PM GMT Document approved by Mariana Rios (mrios@cityofpalmdesert.org) Approval Date: 2022-08-01 - 11:08:24 PM GMT - Time Source: server Agreement completed. 2022- 08-01 - 11:08:24 PM GMT a Adobe Acrobat Sign Item 1L-25 CONTRACT NO. HA40360 AMENDMENT NO. 2 TO THE COURTESY PATROL SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND SOUTHWEST PROTECTIVE SERVICE, INC., DBA SOUTHWEST SECURITY, CORP. 1. Parties and Date. This Amendment No. 2 to the COURTESY PATROL SERVICES AGREEMENT is made and entered into as of this 13th day of July 2023, by and between the Palm Desert Housing Authority (“Housing Authority”) and Southwest Protective Service, Inc. dba Southwest Security, a California corporation with its principal place of business at 45100 Golf Center Parkway, Suite E, Indio, CA 92201 (“Consultant”). The Housing Authority and Consultant are sometimes individually referred to herein as a “Party” and collectively as the “Parties.” 2. Recitals. 2.1 Agreement. Housing Authority and Consultant entered into an agreement titled Courtesy Patrol Services Agreement dated August 27, 2020 (“Agreement” or “Contract”) for the purpose of retaining the services of consultant to provide Security Patrol Services for Palm Desert Housing Authority Properties. 2.2 Amendment. Housing Authority and Consultant now desire to amend the Agreement to extend the Agreement term and to provide for additional compensation. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Sections 3.1.2 and 3.6.14 of the Agreement. 3. Terms. 3.1 Term. Section 3.1.2. of the Agreement is hereby amended in its entirety to read as follows: “3.1.2 The term of this Agreement shall be from September 1, 2023, to August 31, 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. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.” 3.2 Compensation. Section 3.3.1. of the Agreement is hereby amended in its entirety to read as follows: 3.3.1 Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "1" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Thirty-Five Thousand Five Hundred Item 1L-26 Contract No. HA40360 Page 2 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 Seventeen Dollars and 20/100 ($135,517.20) without written approval of the Housing Authority’s Executive Director or his/her designee. Extra work may be authorized as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. Exhibit 1. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2 all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Item 1L-27 Contract No. HA40360 Page 3 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO COURTESY PATROL SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND SOUTHWEST PROTECTIVE SERVICES, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Courtesy Patrol Services Agreement as of the day and year first above written. PALM DESERT HOUSING AUTHORITY Approved By: L. Todd Hileman, Executive Director Attested By: Anthony J. Mejia, Secretary APPROVED AS TO FORM: By: Best, Best & Krieger LLP Special Counsel SOUTHWEST PROTECTIVE SERVICES, INC. Signature Name Title QC: ____________ Insurance: _________ _________ Initial Review Final Review Item 1L-28 Contract No. HA40360 Page 4 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 Exhibit 1 Item 1L-29 Item 1L-30 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Anthony J. Mejia, City Clerk Thomas Soule, Public Affairs Manager REQUEST: RECEIVE AND FILE A LETTER OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ GRANT APPLICATION TO THE CALIFORNIA TRANSPORTATION COMMISSION'S LOCAL TRANSPORTATION CLIMATE ADAPTATION PROGRAM RECOMMENDATION: Receive and file the letter of support for Coachella Valley Association of Government’s (CVAG) grant application for the ACCESS Indian Canyon Project to the California Transportation Commission's Local Transportation Climate Adaptation 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 the ACCESS Indian Canyon Project to the California Transportation Commission's Local Transportation Climate Adaptation Program. Specifically, the grant request is to make improvements that increase the resiliency of Indian Canyon Drive that help to decrease road closures due to flood and sandstorm events. 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 1M-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@CITYOFPALMDESERT.ORG June 27, 2023 Tanisha Taylor, Interim Executive Director California Transportation Commission 1120 N Street Sacramento, CA 95814 Re: CVAG’s ACCESS Indian Canyon Drive Project – Support Dear Ms. Taylor: I am writing on behalf of the City of Palm Desert to express our strong support for the Coachella Valley Association of Governments (CVAG) application to the California Transportation Commission's Local Transportation Climate Adaptation Program. CVAG's ACCESS project aims to protect vulnerable communities from frequent and prolonged road closures on Indian Canyon Drive caused by weather events. Frequent sandstorms, including haboobs, cause zero visibility for drivers and reduced tractions. In addition, rainfall easily creates flooding, which can close the road for days. If awarded funds from LTCAP, CVAG's ACCESS project will help make resiliency improvements to Indian Canyon Drive, enhancing public health and safety while improving the quality of life for residents and visitors in the Coachella Valley. Addressing this issue is crucial as climate change continues to adversely impact our desert environment, leading to more extreme weather events like flooding and sandstorms. These natural occurrences cause significant damage to our roads, disrupting transportation networks and negatively affecting the lives of residents, businesses, and visitors. The closure of Indian Canyon Drive, for example, cuts off access to job centers, schools, childcare, essential goods, and medical services, including the region's sole Level 1 Trauma Center, Desert Regional Medical Center. Delays resulting from detours during medical emergencies can be a matter of life or death. During severe winds or flooding, our first responders are tasked with rescuing drivers who become stuck in the sand, mud, and dangerous currents. Visitors to the Coachella Valley who are unaware of the dangers presented by Indian Canyon are at great risk when they try to circumvent barriers. Implementing a dedicated program to tackle these challenges is crucial to safeguarding the accessibility and safety of our road infrastructure, ensuring that our community remains protected, connected, and resilient even in the face of changing climatic conditions. CVAG's ACCESS project represents a vital step towards building a resilient transportation system capable of withstanding the challenges posed by climate change and ensuring the well-being of our community. Therefore, we wholeheartedly support CVAG's application to the LTCAP for the ACCESS Indian Canyon Drive project and eagerly anticipate your favorable consideration. Sincerely, Kathleen Kelly, Mayor City of Palm Desert Item 1M-2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: July 12, 2023 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: APPROVE A RESOLUTION ADOPTING A RECORDS MANAGEMENT AND RETENTION POLICY RECOMMENDATION: Approve a Resolution adopting the Records Management Policy and Records Retention Schedules of the City of Palm Desert to apply to the Palm Desert Housing Authority, except as otherwise preempted by federal, state, or local law. BACKGROUND/ANALYSIS: On December 15, 2022, the City Council adopted resolution No. 2022-98, adopting a Records Management Policy and Records Retention schedules (“Policy”) for the City of Palm Desert (“City”). The Palm Desert Housing Authority (“Housing Authority”) has customarily followed the City’s Policy. The adoption of this resolution would memorialize the Housing Authority’s acceptance of the City’s Policy as its own. Strategic Plan: This request represents routine administrative business of the Palm Desert Housing Authority. This request does not apply directly to a specific strategic plan goal. Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting of July 12, 2023. Upon request, a verbal report will be provided at the Authority Board’s regular meeting of July 13, 2023 FINANCIAL IMPACT: There is no direct fiscal impact with this request. REVIEWED BY: Department Director: Eric Ceja Special Counsel to the Housing Authority: Brendan B. Kearns, Richards, Watson & Gershon Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo Executive Director: Todd Hileman ATTACHMENTS: 1.Resolution No. HA - ___, including Exhibit A - Records Management Program and Retention Schedules for the City of Palm Desert. Item 1N-1 RESOLUTION NO. __________ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, ADOPTING THE RECORDS MANAGEMENT POLICY AND RECORDS RETENTION SCHEDULES OF THE CITY OF PALM DESERT THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The Records Management Policy and Records Retention Schedules of the City of Palm Desert, attached hereto as Exhibit “A,” are hereby adopted in their entirety. These policies and schedules shall apply to the Palm Desert Housing Authority, except as otherwise preempted by federal, state, or local law. PASSED, APPROVED AND ADOPTED by the Palm Desert Housing Authority, this 13th day of July 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN KELLY, CHAIRMAN ATTEST: ANTHONY J. MEJIA, SECRETARY Item 1N-2 RESOLUTION NO. ____________ EXHIBIT A RECORDS MANAGEMENT POLICY AND RECORDS RETENTION SCHEDULES Item 1N-3 RECORDS RETENTION SCHEDULE: BOARDS, COMMISSIONS & COMMITTEES Page BC&C-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). BOARDS, COMMISSIONS & COMMITTEES (Used by All Departments who staff an Advisory Body) City Clerk BC&C-001 Applications for Boards, Commissions or Committees - Successful / Active Includes Oath of Office & Appointment Letter Term + 4 years Department preference; GC §34090 City Clerk BC&C-002 Applications for Boards, Commissions or Committees - Unsuccessful 2 years GC §34090 City Clerk BC&C-003 Attendance Lists - Boards, Commissions, or Committees 2 years Preliminary drafts not retained in the ordinary course of business; GC §34090 Staffing Dept.BC&C-004 Boards and Committees: AUDIO OR VIDEO RECORDINGS of Meetings / Audio Recordings & Video Recordings P City preference - Resolution No. 2022-30 ; State law only requires for 30 days for audio, 90 days for video; GC §54953.5(b); GC §§34090.7, 34090 Staffing Dept.BC&C-005 Boards, Commissions, & Committees: City Council Subcommittees (Composed solely of less than a quorum of the City Council) 2 years All recommendations are presented to the City Council; GC §34090 et seq. (Outside Agency)BC&C-006 Boards, Commissions, & Committees: External Organizations (e.g. County Board of Supervisors) When No Longer Required Non-records - See separate records retention schedule for City Boards, Commissions & Committee. Lead Dept.BC&C-007 Committees Internal - Attended by employees: All Records (e.g. Records Management Committee, In-House Task Forces, etc.) 2 years GC §34090 Staffing Dept.BC&C-008 Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL AGENDAS, AGENDA PACKETS 2 years Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, 54960.1(c)(1) Staffing Dept.BC&C-009 Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL MINUTES & BYLAWS P Notes taken to facilitate the writing of the minutes can be destroyed after minutes have been adopted; GC §34090 et seq. City Clerk BC&C-010 Committee Membership Database (MS Access)Indefinite Data Fields / Records are interrelated; GC §34090 Palm Desert, CA ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Ver. 3.0 If highlighted the record has not been approved for Conversion of Hard Copy to Electronic Record Item 1N-4 Ver. 3.0 RECORDS RETENTION SCHEDULE: BOARDS, COMMISSIONS & COMMITTEES Page BC&C-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). City Clerk BC&C-011 Committee Rosters / Term Roster / Boards, Commissions and Committees (Maddy Act)2 years GC §34090 City Clerk BC&C-012 Ethics Training / Harassment Prevention Training - Certificates for City Council and Committees and Commissions ONLY 5 years GC §§34090, 53235.2(b), 53237.2(b) Palm Desert, CA ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for Conversion of hard copy to electronic record. Item 1N-5 Ver. 21.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY COUNCIL SUPPORT City Clerk CC-000 City Council Correspondence / Mayor's Correspondence 2 years GC §34090 CITY CLERK City Clerk CC-001 Agendas / Agenda Packets / Staff Reports - IMAGED (City Council, Redevelopment, Successor Agency, Oversight Board, Housing Authority, Financing Authority, Library Authority, Parking Authority) P Department Preference; GC §34090 et seq. City Clerk CC-002 Agreements / Contract - ALL - If Imaged, Infrastructure, CIPs, DDAs, OPAs, MOUs, MOAs, PSAs (Purchase & Sale Agreements, if Imaged) Agreement or Contract includes all contractual obligations (e.g. Amendments, Scope of Work or Successful Proposal) & Insurance Certificates Examples of Infrastructure: Architects, CIPs (Capital Improvement Projects,) franchise agreements, subdivision improvement agreements, development, Joint Powers, MOUs, retirement, water rights, etc. P Other contracts are maintained by the Lead Department managing the contract; Department Preference; All infrastructure, JPAs, & Mutual Aid contracts should be permanent for emergency preparedness; Statute of Limitations is 4 years; 10 years for Errors & Omissions; land records are permanent by law; CCP §337 et. seq., GC §34090; Contractor has retention requirements in 48 CFR 4.703 City Clerk CC-003 Agreements / Contracts - ALL - Non-Infrastructure that are NOT Imaged (includes Recurring) Agreement or Contract includes all contractual obligations (e.g. Amendments, Scope of Work or Successful Proposal) & Insurance Certificates Examples of NON-Infrastructure: PSAs (Purchase & Sale Agreements), Consulting, disposal, City Manager employment contracts, leases, loans, mutual aid, professional services, settlement, services, etc. Completion + 10 years Other contracts are maintained by the Lead Department managing the contract; Covers E&O Statute of Limitations; Published Audit Standards=4-7 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for Conversion of Hard Copy to Electronic Record Item 1N-6 Ver. 21.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). City Clerk CC-009 Bond Official Statements / Transcripts / Certificates of Participations (COPs) See Bank Statements for statement retention. Fully Defeased + 10 years Department Preference; Statute of Limitations for bonds, mortgages, trust deeds, notes or debentures is 6 years; Bonds issued by local governments are 10 years; There are specific requirements for disposal of unused bonds; ; CCP §§336 et seq. 337.5(a); 26 CFR 1.6001-1(e): GC §43900 et seq. City Clerk CC-011 Claim Runs 5 years Department Preference; GC §34090 City Clerk CC-012 Claims (Liability Claims) Final Resolution + 5 years Department Preference; Covers various statute of limitations; CCP §§ 337 et seq.; GC §§ 911.2, 34090, 34090.6; PC §832.5 City Clerk CC-052 Closed Session Materials 10 years Department Preference; GC §34090 City Clerk CC-015 Contract File: Specifications, Unsuccessful Proposals 2 years GC §34090 City Clerk CC-053 Economic Interest Filings (FPPC 700 Series Forms - Statement of Economic Interests): ELECTRONICALLY FILED 10 years Statements filed electronically are required for 10 years; City maintains copies only; original statements are filed with FPPC; GC §81009(f)(g); GC §84615 City Clerk CC-016 Economic Interest Filings (FPPC 700 Series Forms - Statement of Economic Interests): ALL 7 years City maintains original statements; GC §81009(e)&(g); GC §81009(f)&(g); 2 CCR 18615(d) City Clerk CC-017 FPPC Form 801 (Gift to Agency Report) 7 years Must post on website; FPPC Regulation 18734(c); GC §81009(e) City Clerk CC-018 FPPC Form 802 (Event Ticket / Pass Distributions Agency Report)7 years Should post on website for 4 years; FPPC Regulation 18734(c); GC §81009(e) City Clerk CC-048 FPPC Form 803 (Behested Payment Report)7 years FPPC Regulation 18734(c); GC §81009e City Clerk CC-049 FPPC Form 804 (Agency Report of New Positions)P FPPC Regulation 18734(c); GC §81009e City Clerk CC-050 FPPC Form 805 (Agency Report of Consultants)P GC §34090; FPPC Regulation 18734(c); GC §81009(e) City Clerk CC-019 FPPC Form 806 (Agency Report of Public Official Appointments)7 years Must post on website; 2 CCR 18702.5(b)(3); GC §34090; GC §81009(e) ELECTIONS - CONSOLIDATED City Clerk CC-020 Campaign Filings (FPPC 400 Series Forms & Form 501): SUCCESSFUL CANDIDATES (Elected Officials) All, whether filed electronically or not P For Electronic Filings, Data that has been maintained for at least 10 years may then be archived in a secure format; Paper must be retained for at least 2 years; GC §81009(b)&(g); GC §84615(i) Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-7 Ver. 21.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-3 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). City Clerk CC-021 Campaign Filings (FPPC 400 Series Forms & Form 501): UNSUCCESSFUL CANDIDATES Includes Unsuccessful Candidates Without Committees that Don't File Electronically 5 years Candidates without committees are not required to file their statements, reports or copies online or electronically; Paper must be retained for at least 2 years; GC §81009(b)&(g); GC §84615 City Clerk CC-021.1 Campaign Disclosure Statements (FPPC 400 Series Forms, 501 Form): UNSUCCESSFUL CANDIDATES, ELECTRONICALLY FILED - WITH or WITHOUT Committees 10 years Statements filed electronically are required for 10 years; GC §81009(b)&(g); GC §84615 City Clerk CC-022 Campaign Filings (FPPC 400 Series Forms): THOSE NOT REQUIRED TO FILE ORIGINAL WITH CITY CLERK (copies)4 years Paper must be retained for at least 2 years; GC §81009(b)(g) City Clerk CC-023 Campaign Filings (FPPC 400 Series Forms): OTHER COMMITTEES (PACS - not candidate-controlled)7 years Paper must be retained for at least 2 years; GC §81009(c)(g) City Clerk CC-024 Elections - GENERAL, WORKING or ADMINISTRATION Files (Correspondence, Applications for Vacancies on the Council, Precinct Maps, County Election Services, Candidate Statements to be printed in the Sample Ballot, etc.) 2 years GC §34090 City Clerk CC-025 Candidate File: Nomination Papers - SUCCESSFUL CANDIDATES Term of Office + 4 years Department Preference; Statewide guidelines proposes 4 years for successful candidates, 2 years for unsuccessful; CA law states term of office and 4 years after the expiration of term and does not delineate between the two; EC §17100 City Clerk CC-026 Candidate File: Nomination Papers - UNSUCCESSFUL CANDIDATES Election + 4 years Statewide guidelines proposes 4 years for successful candidates, 2 years for unsuccessful; CA law states term of office and 4 years after the expiration of term and does not delineate between the two; EC §17100 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-8 Ver. 21.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-4 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). City Clerk CC-027 Elections - Petitions (Initiative, Recall or Referendum) Results + 8 months or Final Examination if No Election + 1 year after petition examination if petition is insufficient Not accessible to the public; The 8 month retention applies after election results, or final examination if no election, unless there is a legal or FPPC proceeding. EC §§17200(b)(3), 17400 City Clerk CC-028 Prop. 218 Fees & Charges: Ballots and/or protest letters 2 years GC §53753(e)(2) City Clerk CC-029 Prop. 218 Fees & Charges: Undeliverable Mail 3 months Transitory records not retained in the ordinary course of business; GC §34090 (End of Elections Section) City Clerk CC-051 Enterprise System Catalogue (posted on line)2 years GC §34090 (SB 272) City Clerk CC-031 Grand Jury Reports (Pertaining to City Operations)5 years Department preference (matches the retention of the Grand Jury); GC §34090 City Clerk CC-032 Historical Records & Historical Projects (e.g. Incorporation, City Seal, Awards of significant historical interest, etc.)P City Clerk determines historical significance; records can address a variety of subjects and media. Some media may be limited because of the media's life expectancy; GC §34090 City Clerk CC-035 Insurance Certificates (where they cannot be matched to an agreement)11 years Department preference to cover all statute of limitations; CCP §337 et. seq., GC §34090 City Clerk CC-036 Minutes (City Council, Redevelopment, Successor Agency, Oversight Board, Housing Authority, Financing Authority, Library Authority, Parking Authority) P GC §34090 City Clerk CC-037 Municipal Code Administration, Distribution, etc. When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §34090 City Clerk CC-038 Municipal Code and History File (always retain 1 supplement)P GC §34090 City Clerk CC-039 Ordinances (City Council)P GC §34090 et. seq. Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-9 Ver. 21.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-5 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). City Clerk CC-040 Proclamations / Commendations / Memoriums / Recognitions / Resolutions of Appreciation, etc.2 years GC §34090 City Clerk CC-041 Proof of Publication / Public Notices / Certificate of Posting / Legal Advertising (Usually kept with Project Files) 2 years Statute of Limitations on Municipal Government actions is 3 - 6 months; CCP§337 et seq; GC §34090 City Clerk CC-042 Real Property - Records that Affect the Title to Real Property (Deeds, Easements, Liens, Right-of-Ways, etc.)P GC §34090 City Clerk CC-043 Recordings of City Council Meetings - Audio or Video Recordings P Council Policy (Resolution 2022-30); State law only requires for 30 days for Audio recordings; Video recording of meetings are only required for 90 days; GC §§34090.7, 34090 GC §54953.5(b) City Clerk CC-045 Records Retention Schedules / Amendments to Records Retention Schedules / Records Destruction Authorizations (Resolutions) P GC §34090 et. seq. City Clerk CC-045.1 Redistricting Web Page / District Boundary Web Page (Map, Redistricting Process, Agendas, Calendars, Notice, etc.)10 years EC §21608(g); GC §34090 City Clerk / Lead Dept.CC-046 Request for Public Records 2 years GC §34090 City Clerk CC-047 Resolutions (City Council, Redevelopment, Successor Agency, Oversight Board, Housing Authority, Financing Authority, Library Authority, Parking Authority) P GC §34090 et. seq. City Clerk CC-054 Secretary of State Statement of Facts / Registry of Public Agencies 2 years GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-10 Ver. 9.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY MANAGER City Manager CM-001 City Manager Correspondence (Interoffice, Citizens, Legislative Positions, Organizations, etc.)2 years GC §34090 City Manager CM-002 COPS (Citizens On Patrol) Unsuccessful or Pending Applicants 3 years Department preference (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(1)(i)&(ii), GC §§12946, 12960, 34090 City Manager CM-003 COPS (Citizens On Patrol) Applications & Agreements - Successful Inactive / Separation + 3 years Department preference (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(1)(i)&(ii), GC §§12946, 12960, 34090 City Manager CM-004 COPS General Files 3 years Department preference; GC §34090 City Manager / Lead Dept. CM-005 Projects, Programs, Department Files, Events, Subject & Issues (Issues and/or projects will vary over time - e.g. Hotels, Developments, etc.)2 years GC §34090 City Manager CM-010 Speech Notes / PowerPoint Presentations When No Longer Required Notes, drafts, or preliminary documents; GC §34090 et seq. Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-11 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY WIDE (Used by All Departments) Lead Dept.CW-007 Agreements & Contracts: ADMINISTRATIVE FILES / ORIGINAL CONTRACTS Not Approved by the City Council (Correspondence, Project Administration, Project Schedules, Certified Payrolls, Insurance Certificates, Invoices, Logs, RFP, etc.) Completion + 10 years Covers E&O Statute of Limitations (insurance certificates are filed with agreement); Published Audit Standards=4-7 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090 Lead Dept.CW-008 Agreements & Contracts: ADMINISTRATIVE FILES (with Grant Funding) / ORIGINAL CONTRACTS Not Approved by the City Council (Correspondence, Project Administration, Project Schedules, Certified Payrolls, Insurance Certificates, Invoices, Logs, RFP, etc.) Completion + 10 years or After Funding Agency Audit, if required, whichever is longer Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; statewide guidelines propose 4 years; 2 CFR 200.334; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a), 29 CFR 97.42; OMB Circular A-110 & A- 133; GC §34090, GC §8546.7 Lead Dept.CW-009 Agreements & Contracts: UNSUCCESSFUL BIDS, UNSUCCESSFUL PROPOSALS or RESPONSES to RFPs (Request for Proposals) and/or RFQs (Request for Qualifications) that don't result in a contract 2 years The RFP / RFQ and the successful proposal becomes part of the agreement or contract (City Clerk is OFR); GC §34090 Lead Dept.CW-019 City Attorney Opinions 2 years Department Preference; GC §34090 Lead (Responding) Dept. CW-022 Complaints / Concerns from Citizens Computer Tracking Software or Correspondence 2 years City preference; Statute of Limitations for personal property, fraud, etc. is 3 years; Claims must be filed in 6 months; 340 et seq., 342, GC §34090 Dept. that Authors Document or Receives the City's Original Document CW-025 Correspondence - ROUTINE (Content relates in a substantive way to the conduct of the public's business) (e.g. Letters, Memorandums, e-mails, text messages, social media posts on City accounts / pages, Administrative, Chronological, General Files, Reading File, Working Files, etc.) 2 years GC §34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-12 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Dept. that Authors Document or Receives the City's Original Document CW-026 Correspondence - TRANSITORY / PRELIMINARY DRAFTS, Interagency and Intraagency Memoranda not retained in the ordinary course of business Content NOT Substantive (does not pertain to City business), or NOT made or retained for the purpose of preserving the informational content for future reference (e.g. calendars, checklists, e-mails or social media postings that do not related in a substantive way to the conduct of City business, invitations, instant messaging, logs, mailing lists, meeting room registrations, preliminary notices, staff videoconference chats, notes and recordings, stop work notices, supply inventories, telephone messages, text messages, transmittal letters, thank yous, requests from other public agencies, undeliverable envelopes, visitors logs, voice mails, webpages, etc.) When No Longer Required Electronic and paper records are filed and retained based upon their content. E-mails, electronic records, or social media postings where either the Content relates in a substantive way to the conduct of the public's business, or ARE made or retained for the purpose of preserving the informational content for future reference are saved outside the e-mail system by printing them out and placing them in a file folder, or saving them electronically; If not mentioned here, consult the City Attorney to determine if a record is considered transitory / preliminary drafts. GC §34090, GC §6252; 64 Ops. Cal. Atty. Gen. 317 (1981)); City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017 Lead Dept.CW-028 Drafts & Notes: Drafts that are revised (retain final version) When No Longer Required As long as the drafts and notes are not retained in the "Regular Course of Business". Consult the City Attorney to determine if a record is considered a draft. GC §§34090, 6252, 6254(a) Dept. that Authors Document or Receives the City's Original Document CW-063 e-mail 5 years City preference; pursuant to City Ordinance No. 1234; GC §34090 Lead Dept.CW-029 Facility Use Applications / Facility Use Permits 2 years GC §34090 Lead Dept.CW-030 GIS Database / Data / Layers (both City-wide and Specialized) When No Longer Required The Lead Department should print out historical documents (or save source data) prior to replacing the data, if they require the data or output for historical purposes; Department Preference (Preliminary documents); GC §34090 et seq. Lead Dept.CW-031 Grants (UNSUCCESSFUL Applications, Correspondence)2 years GC §34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-13 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-3 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Lead Dept.CW-032 Grants / CDBG / FEMA Claims / OES Claims / Reimbursable Claims (SUCCESSFUL Reports, other records required to pass the funding agency's audit, if required) Applications (successful), grant agreement, program rules, regulations & procedures, reports to grant funding agencies, correspondence, audit records, completion records After Funding Agency Audit, if required - 5 years Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; statewide guidelines propose 4 years 2 CFR 200.334; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a), 29 CFR 97.42; OMB Circular A-110 & A- 133; GC §34090; GC §8546.7 Lead Dept.CW-035 Leave Requests / Vacation Requests 1 year City Preference; Preliminary draft / transitory record; GC §34090, GC §6252 Lead Dept.CW-036 Material Safety Data Sheet (MSDS) / Safety Data Sheet (SDS) / Chemical Use Report Form (or records of the chemical / substance / agent, where & when it was used) 30 years Previous MSDS may be obtained from a service; MSDS may be destroyed as long as a record of the chemical / substance / agent, where & when it was used is maintained for 30 years; Applies to qualified employers; Claims can be made for 30 years for toxic substance exposures; 8 CCR 3204(d)(1)(B)(2 and 3), 29 CFR 1910.1020(d)(1)(i), GC §34090 Lead Dept.CW-039 Newspaper Clippings When No Longer Required Non-records - may be obtained from the newspaper company; GC §34090 Staffing Dept.CW-040 Notices: Public Hearing Notices and Proofs of Publications Project Approval + 2 years Statute of Limitations on Municipal Government actions is 3 - 6 months; CCP§337 et seq; GC §34090 Human Resources CW-042 Personnel Files Send to Human Resources Upon Separation or Transfer Ensure records kept in Department files comply with City policy (all originals are sent to Human Resources); GC §34090.7 Lead Dept.CW-043 Personnel Files (Supervisor's Notes) When No Longer Required Preliminary drafts; Notes maintained in a separate folder to be incorporated into performance evaluation, or to document progressive discipline; GC §34090 et seq. Lead Dept.CW-044 Personnel Work Schedules 2 years GC §34090 Lead Dept.CW-045 Public Relations / Press Releases 2 years GC §34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-14 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-4 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Lead Dept. (Who Ordered the Appraisal) CW-046 Real Estate Appraisal Reports: Property NOT purchased, Loans not funded, etc.2 years Not accessible to the public; Statewide Guidelines show 2 years; GC §§34090, 6254(h) Lead Dept. (Who Ordered the Appraisal) CW-047 Real Estate Appraisal Reports: Purchased Property, Funded Loans 5 years Not accessible to the public until purchase has been completed; meets grant auditing requirements; 2 CFR 200.334; 24 CFR 91.105(h), & 570.502(a); 29 CFR 97.42, GC §34090 CW-048 Reference Materials: Brochures, Manuals, Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc: Produced by OUTSIDE ORGANIZATIONS (League of California Cities, Chamber of Commerce, etc.) When No Longer Required Non-Records Lead Dept.CW-049 Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc: Produced by YOUR Department 2 years Statewide guidelines propose superseded + 2 or 5 years; GC §34090 Lead Dept.CW-050 Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc: Produced by OTHER Departments When Superseded Copies; GC §34090.7 Lead Dept.CW-052 Reports and Studies (Historically significant - e.g., Zoning Studies)P Administratively and Historically significant, therefore retained permanently; GC §34090 Lead Dept.CW-053 Reports and Studies (other than Historically significant reports - e.g. ADA Reports, Annual Reports)10 years Information is outdated after 10 years; statewide guidelines propose 2 years; If historically significant, retain permanently; GC §34090 Lead Dept.CW-055 Special Projects / Subject Files / Issue Files 2 years Department Preference; GC §34090 et seq. Lead Dept.CW-056 Subject / Reference Files: Subjects other than Specifically Mentioned in Retention Schedules 2 years Department Preference; GC §34090 et seq. Lead Dept.CW-057 Surveys / Questionnaires (that the City issues). If a summary of the data is compiled, the survey forms are considered a draft or transitory record, and can be destroyed as drafts (When No Longer Required) 2 years GC §34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-15 Ver. 14.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-5 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Lead Dept.CW-060 Training - ALL COURSE RECORDS (Attendance Rosters, Outlines and Materials; includes Ethics, Harassment Prevention & Safety training; Tailgate Training Meetings)) 7 years Department preference; Ethics Training is 5 years; Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years for personnel actions; 8 CCR §3203 et seq., 29 CFR 1602.31 1627.3(b)(1), LC §6429(c); GC §§12946, 12960, 34090, 53235.2(b), 53237.2(b) Lead Dept.CW-061 Volunteer / Unpaid Intern Applications & Agreements - Successful Inactive / Separation + 3 years Department preference (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(1)(i)&(ii), GC §§12946, 12960, 34090 Lead Dept.CW-062 Volunteer / Unpaid Intern Applications & Agreements - Unsuccessful or Pending Applicants 3 years Department preference (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(1)(i)&(ii), GC §§12946, 12960, 34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 If highlighted the record has not been approved for conversion of hard copy to electronic record. Item 1N-16 Ver. 22.2RECORDS RETENTION SCHEDULE: DEVELOPMENT SERVICES Page DS-1Office of Record(OFR)Retention No. Records DescriptionTotal RetentionComments / ReferenceIf the record is not listed here, refer to the Retention for City-Wide StandardsRetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).BUILDING & SAFETYBuilding & SafetyBLD-001Building Permit Database IndefiniteDepartment Preference - Data is interrelated; GC §34090, H&S §19850Building & SafetyBLD-002 Building Permits / Address Files P Statewide guidelines propose permanent; GC §34090, H&S §19850Building & SafetyBLD-003 Building Plans - Expired or WithdrawnWhen No Longer RequiredDepartment preference; Preliminary drafts not retained in the ordinary course of business; CBC §104.7; H&S§19850, GC §34090Building & SafetyBLD-004Building Plans and Construction Documents - Finalled - SINGLE FAMILY RESIDENTIAL - SFR and APPURTENANCESPDepartment preference; Law does not require plans to be filed for dwellings less than 2 stories, garages & appurtenances, farms/ranches, 1-story with bearing walls less than 25'; CBC requires 180 days from completion date; CBC 104.7 & 107.5, H&S§19850, GC §34090Building & SafetyBLD-005Building Plans and Construction Documents - Finalled - INDUSTRIAL, COMMERCIAL, MULTI-FAMILY DWELLINGS, PLACES OF PUBLIC ACCOMMODATION, TENANT IMPROVEMENTS (Involving medial, restaurant or change of use)(includes commercial structural plans, Hazardous Materials Questionnaire, etc.)PDepartment Preference; Law requires for the life of the building for commercial and common interest dwellings only; Statewide guidelines propose 2 years for blueprints & specifications; CBC 104.7 & 107.5, H&S§19850, GC §34090 Building & SafetyBLD-006 Certificates of Occupancy P Department Preference; GC §34090Building & SafetyBLD-007Complaints (Written, during Construction & Inspection - Not Code Enforcement)2 years GC §34090Building & SafetyBLD-008Construction Notices / Inspection Notices(correction notices, compliance orders, stop work notices, etc.)Until Cleared or Project CompletionThe finalled permit is the final / official record; these are preliminary drafts; GC §34090Building & SafetyBLD-011Reports: Building Activity10 yearsDepartment preference; Preliminary drafts not retained in the ordinary course of business; GC §34090 et seq.Building & SafetyBLD-013Requests & Permissions to Receive Copies of Plans (to and from Architects)2 years GC §34090 et seq.Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reservedDo not duplicate or distribute without prior written permission from GGS (909) 337-3516Revision Adopted: 12/15/2022Approved Conversion of Hard Copy to Electronic RecordItem 1N-17 Ver. 22.2RECORDS RETENTION SCHEDULE: DEVELOPMENT SERVICES Page DS-2Office of Record(OFR)Retention No. Records DescriptionTotal RetentionComments / ReferenceIf the record is not listed here, refer to the Retention for City-Wide StandardsRetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).Building & SafetyBLD-014 Uniform Building Codes / California Building CodeUntil SupersededGC §50022.6Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reservedDo not duplicate or distribute without prior written permission from GGS (909) 337-3516Revision Adopted: 12/15/2022Approved Conversion of Hard Copy to Electronic RecordItem 1N-18 Ver. 22.2RECORDS RETENTION SCHEDULE: DEVELOPMENT SERVICES Page DS-3Office of Record(OFR)Retention No. Records DescriptionTotal RetentionComments / ReferenceIf the record is not listed here, refer to the Retention for City-Wide StandardsRetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).CODE COMPLIANCECode ComplianceCE-001 Abandoned Vehicle Abatement Reports 5 years Department preference; GC §34090Code ComplianceCE-002 Animal Hearing Determinations / Findings 2 years Department preference; GC §34090Code ComplianceCE-009Business Licenses - Regulatory Licenses, Home Occupation Permits, Massage, Short Term Rental, etc.PDepartment preference for historical and zoning (planning) purposes; GC §34090Code ComplianceCE-010Business Licenses - Revenue Licenses5 years Department preference; meets auditing standards; GC §34090Code ComplianceCE-003Code Enforcement / Abatement Case Files (Includes appeals and Code Enforcement Complaint Letters) PDepartment preference; Case is open until satisfactorily resolved (some cases are not resolved); GC §34090Code ComplianceCE-004 DMV Forms 2 years GC §34090Code ComplianceCE-005 Liens P GC §34090(a)Code ComplianceCE-006Notice to Appear / Administrative Citations / Hearings (Includes Short Term Rentals Administrative Citations)5 years Department preference; GC §34090Code ComplianceCE-007 Parking Citations 2 years GC §34090Code ComplianceCE-008 Tow Forms 2 years GC §34090LAND DEVELOPMENT / ENGINEERINGLand Development / EngineeringLD-001 Benchmarks P Department Preference; GC §34090Land Development / EngineeringLD-002Bonds: Subdivision Bonds / Performance Bonds / Letters of CreditRelease of BondSecurities (Performance Bonds, Letters of Credit, CD's, etc.) are released; GC §34090Land Development / EngineeringLD-003Drawings, Maps, Plans and Record Drawings, Large-Format Drawings, Survey Record Maps - Developer-Built ProjectsPDrafts should be destroyed; Some maps are also retained by Planning; Selected maps are retained in Public Works for administrative purposes; GC §34090, 34090.7Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reservedDo not duplicate or distribute without prior written permission from GGS (909) 337-3516Revision Adopted: 12/15/2022Approved Conversion of Hard Copy to Electronic RecordItem 1N-19 Ver. 22.2RECORDS RETENTION SCHEDULE: DEVELOPMENT SERVICES Page DS-4Office of Record(OFR)Retention No. Records DescriptionTotal RetentionComments / ReferenceIf the record is not listed here, refer to the Retention for City-Wide StandardsRetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).Land Development / EngineeringLD-004Geotechnical Reports / Soils Reports / Hydrology Reports (Authored by the City or their contractors for Developer-Built Projects)P Department Preference; GC §34090Land Development / EngineeringLD-005Engineering Studies / Surveys - Preliminary Studies / Project Assessments (Not Acquired or Developed)15 years Department Preference; GC §34090Land Development / EngineeringLD-006 Grading Plans P Department Preference; GC §34090Land Development / EngineeringLD-007 Landscape Plans / As-Builts - Commercial / HOAsP Department preference; GC §34090Land Development / EngineeringLD-008 Landscape Plans / As-Builts - Residential2 years GC §34090Land Development / EngineeringLD-009 Plan ChecksWhen No Longer RequiredPreliminary drafts; GC §34090 et seq.Land Development / EngineeringLD-010Private Development Projects / Job Files: Administration FileConstruction Inspections, Photos, Private Lab Verifications, Testing Lab Final ReportsCompletion + 10 years Statute of Limitations for Errors & Omissions is 10 years; Published Audit Standards=4-7 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090Land Development / EngineeringLD-011Private Development Projects / Job Files: Permanent FilesDrainage, Driveway, Encroachments, Grading Plans, Rights of Way, Stormwater, etc.Dedications, Easements, Abandonments (City Clerk is OFR)PDepartment preference; retained for disaster preparedness purposes; Statewide guidelines propose Permanent for Infrastructure plans; GC §34090Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reservedDo not duplicate or distribute without prior written permission from GGS (909) 337-3516Revision Adopted: 12/15/2022Approved Conversion of Hard Copy to Electronic RecordItem 1N-20 Ver. 22.2RECORDS RETENTION SCHEDULE: DEVELOPMENT SERVICES Page DS-5Office of Record(OFR)Retention No. Records DescriptionTotal RetentionComments / ReferenceIf the record is not listed here, refer to the Retention for City-Wide StandardsRetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).PLANNINGPlanning PL-001Affidavits of Publications / Public Hearing Notices / Legal Advertising / Affidavits of Posting2 yearsBrown Act challenges must be filed within 30 or 90 days of action; Statute of Limitations on Municipal Government actions is 3 - 6 months; CCP §§337 et seq, 349.4; GC §§34090, 54960.1(c)(1) Planning PL-002 Annexations / Boundaries / Consolidations / LAFCO P Land Records; GC §34090Planning PL-009 Census, DemographicsWhen No Longer Required(Non-Records - Census Bureau is OFR; GC §34090 et seq.Planning PL-022Development Services Meetings (Employees only)ALL Records2 years GC §34090)Planning PL-010.1Environmental Determinations: CEQA Environmental Impact Reports (EIRs), Negative Declarations, etc.) Correspondence & Staff Notes submitted to, or transferred from the agency, and all internal agency communications, including staff notes related to a non-exempt CEQA actionProject Approval or Denial + 180 days Completion of CEQA ProcessNot all internal communications and notes are required to be saved; "E-mails that do not provide insight into the project or the agency’s CEQA compliance with respect to the project — are not within the scope of section 21167.6, subdivision (e) and need not be retained." Golden Door Properties, LLC v. Superior Court of San Diego County (County of San Diego, et al., Real Parties in Interest) (53 Cal.App.5th 733); PRC 21167,6; GC §34090Planning PL-010Environmental Determinations: Environmental Impact Reports (EIRs), Negative Declarations, etc.) Inside City boundariesPUsually filed in the project file; Final environmental determinations are required to be kept a "reasonable period of time"; 14 CCR §15095(c); GC §34090Planning PL-011Environmental Determinations: Environmental Impact Reports (EIRs), Negative Declarations, etc.) Outside City boundariesWhen No Longer RequiredNon-records; EIRs and Negative Declarations within the City Boundaries are with the project filePlanning PL-012 General Plan, Elements and Amendments P GC §34090Planning PL-012.1Geotechnical Reports / Soils Reports / Hydrology Reports (Authored by Applicants / Developers)P Department Preference; GC §34090Planning PL-013 Master Plans, Specific Plans, Bikeway Plans, etc. P Department Preference; GC §34090Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reservedDo not duplicate or distribute without prior written permission from GGS (909) 337-3516Revision Adopted: 12/15/2022Approved Conversion of Hard Copy to Electronic RecordItem 1N-21 Ver. 22.2RECORDS RETENTION SCHEDULE: DEVELOPMENT SERVICES Page DS-6Office of Record(OFR)Retention No. Records DescriptionTotal RetentionComments / ReferenceIf the record is not listed here, refer to the Retention for City-Wide StandardsRetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).Planning PL-017Planning Project Files - Approved & Unapproved Temporary Entitlements: Entertainment Permits, Going Out of Business Permits, Sign Permits (Banners/Temporary Signs), Temporary Use Permits (Christmas Tree Lots, Pumpkin Lots, Produce Stands), RV Permits, Special Events, etc. etc.2 yearsTemporary uses; Department maintains complete files for administrative purposes; GC §34090Planning PL-019Planning Project Files - Approved Permanent Entitlements - Applications and/or Entitlements Expired, not Exercised or Withdrawn Examples: Cannabis Regulatory Permit, Short-Term Rental Permits, Conditional Use Permits (CUPs), Design Review, Lot Line Adjustments, Parcel Maps, Planned Unit Developments (PUD), Site Plans, Tentative Subdivisions, Variances, Zone Changes, etc.PDepartment preferences; Final environmental determinations are required to be kept a "reasonable period of time"; 14 CCR §15095(c); GC§§34090, 34090.7Planning PL-018Planning Project Files - Approved Permanent Entitlements(Includes Associated CEQA Noticing, Conditions of Approval, Public Noticing, Environmental Determinations, Staff Reports, Plans & Maps) Examples: Cannabis Regulatory Permit, Conditional Use Permits (CUPs), Design Review, Lot Line Adjustments, Parcel Maps, Planned Unit Developments (PUD), Site Plans, Tentative Subdivisions, Variances, etc. PDepartment preferences; Final environmental determinations are required to be kept a "reasonable period of time"; 14 CCR §15095(c); GC§§34090, 34090.7Planning PL-020 Preliminary Review FileWhen No Longer RequiredDepartment preference; Preliminary Documents (no application submitted); GC §34090Planning PL-023 Special Studies P Department Preference; GC §34090Planning PL-024 Zoning Maps Pre-GIS (Mylar only) PDepartment Preference; City Clerk Maintains originals of all documents that were presented to Council; GC §34090.7Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reservedDo not duplicate or distribute without prior written permission from GGS (909) 337-3516Revision Adopted: 12/15/2022Approved Conversion of Hard Copy to Electronic RecordItem 1N-22 Ver. 22.2RECORDS RETENTION SCHEDULE: DEVELOPMENT SERVICES Page DS-7Office of Record(OFR)Retention No. Records DescriptionTotal RetentionComments / ReferenceIf the record is not listed here, refer to the Retention for City-Wide StandardsRetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).Planning PL-025 Zoning Ordinance Amendments, Reclassifications / Zone Change P Department Preference (copies); GC §34090.7Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reservedDo not duplicate or distribute without prior written permission from GGS (909) 337-3516Revision Adopted: 12/15/2022Approved Conversion of Hard Copy to Electronic RecordItem 1N-23 Ver. 13.0 RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT Page ED-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ECONOMIC DEVELOPMENT Economic Develop.ED-001 Economic Development where Redevelopment was the Lead (Projects will vary over time - e.g. Proposed Hotels, etc.)2 years Department preference; GC §34090 Economic Develop.ED-002 Energy Management Grants or Loans / Lien Releases (Hot Water Heaters, Pool Pumps, Roof Coating, Solar Energy, etc.) Loan Payoff or Forgiveness + 5 years Department preference (funded by General Fund); GC §34090 Economic Develop.ED-003 Energy Management Programs (Hot Water Heaters, Pool Pumps, Roof Coating, Solar Energy, etc.)2 years Department preference; GC §34090 Economic Develop.ED-004 Façade Enhancement Program Loan Payoff or Forgiveness + 5 years Department preference (funded by General Fund); GC §34090 Economic Develop.ED-005 Marketing Programs 2 years Department preference; GC §34090 Economic Develop.ED-006 Property Management / Tenant Improvements, etc. Life of the Lease + 5 years Department Preference (meets municipal government auditing standards); GC §34090 Economic Develop.ED-007 Redevelopment Plans & Associated Environmental Reports P Department Preference; GC §34090 Economic Develop.ED-008 Redevelopment Project Files & Project Plans (Includes Environmental Assessments)P Department Preference; GC §34090 Economic Develop.ED-009 Relocation Files Where Redevelopment was the Lead Settle + 5 years Consistent with Claims; CCP §§ 337 et seq.; 34090, 34090.6; PC §832.5 Economic Develop.ED-010 Site Clearance / Soils Remediation / Mitigation P Department preference; GC §34090 PUBLIC AFFAIRS Lead Depart.PAF-001 Brochures, Flyers Graphics, PowerPoint Presentations When No Longer Request The customer (Lead Department) is responsible for retaining the final record for its retention period; GC §34090 Public Affairs PAF-002 Newsletters to Employees or City Council 2 years GC §34090 Public Affairs PAF-003 Public Relations / Press Releases / Community Newsletter 2 years GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-24 Ver. 13.0 RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT Page ED-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PUBLIC ART Public Art PART-001 Public Art Approvals & Locations, Including Insurance & Releases Exhibit End + 2 years Department preference; GC §34090 Public Art PART-002 Public Art Guidelines P Department preference; GC §34090 Public Art PART-003 Public Art Inventory Indefinite Department preference; GC §34090 Public Art PART-004 Release Forms / Exhibit Waivers / Insurance / Releases (Artists / Exhibitor's) Exhibit End + 2 years GC §34090 SPECIAL PROGRAMS Special Programs SP-001 Household Hazardous Waste Events (HHW)10 years Department Preference; GC §34090; 14 CCR 18812.4 Special Programs SP-002 Landscape Rebate Program 5 years Department Preference (meets auditing standards); GC §34090 Special Programs SP-003 Solid Waste & Recycling Grants (SUCCESSFUL Reports, other records required to pass the funding agency's audit, if required) Applications (successful), grant agreement, program rules, regulations & procedures, reports to grant funding agencies, correspondence, audit records, completion records After Funding Agency Audit, if required - 5 years Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; 2 CFR 200.333; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a), 29 CFR 97.42; OMB Circular A-110 & A-133; GC §34090, GC §8546.7 Special Programs SP-004 Solid Waste and Recycling General Files, Disposal Tracking Reports, Correspondence, etc.2 years GC §34090 Special Programs SP-005 Solid Waste and Recycling Reports and Compliance (AB 939, 303, etc.) SB 1383 Compliance (Organic Waste Collection and Recycling) 10 years Department preference; SB 1383 compliance is required for 5 years; Low- Carbon Fuel Standard regulations credits can be received for 10 years, and are eligible for an extension; 14 CCR § 18995;.2 H&S §39730.7; GC §34090 Special Programs SP-006 Special Event Permits 2 years GC §34090 Lead Dept.SP-007 Special Projects / Subject Files / Issue Files 2 years Department Preference; GC §34090 et seq. Special Programs SP-008 Waste Hauler Reports 10 years Department Preference; GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-25 Ver. 17.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). FINANCE / ADMINISTRATION Finance / Admin.FN-001 Assessment Districts / Community Facilities Districts, etc. - Financial Records / Assessor Rolls / Annual Engineers Reports 5 years Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §34090 Finance / Admin.FN-002 Assessment Districts / Community Facilities Districts, etc. - Initial Engineer's Report P Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §34090 Finance / Admin.FN-003 Audit Reports / Annual Comprehensive Financial Report (ACFR) and related Audit Opinions P Department Preference (copies); GC §34090.7 Finance / Admin.FN-004 Audit Work Papers 5 years Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §34090 Finance / Admin.FN-005 Budgets - Adopted / Final P Department Preference; Must be filed with County Auditor; GC §34090.7, 40802, 53901 Finance / Admin.FN-006 Budgets - Preliminary, Backup Documents 2 years Preliminary drafts; GC §34090 Finance / Admin.FN-007 Fixed Assets 5 years Department Preference (meets municipal government auditing standards); GC §34090 Finance / Admin.FN-008 Single Audits / Transportation Audits / PERS Audit, etc.P Department Preference (meets municipal government auditing standards); GC §34090 FINANCE / CDBG Finance / CDBG FN-009 CDBG Projects / Subrecipient Grants (SUCCESSFUL Reports, other records required to pass the funding agency's audit, if required) Applications (successful), grant agreement, program rules, regulations & procedures, reports to grant funding agencies, correspondence, audit records, completion records After Funding Agency Audit, if required - Minimum 5 years Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; 2 CFR 200.333; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a),; 29 CFR 97.42; OMB Circular A-110 & A-133; GC §34090, GC §8546.7 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-26 Ver. 17.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). FINANCE / GENERAL ACCOUNTING Finance / General Accounting FN-014 1096’s / 1099’s 5 years Department Preference; IRS: 4 years after tax is due or paid (longer for auditing & contractor delinquency); Ca. FTB: 3 years; IRS Reg §31.6001-1(e)(2), R&T §19530, GC §34090; 29 USC 436 Finance / General Accounting FN-015 Accounts Payable / Invoices and Backup (Includes Invoices, Travel Expense Reimbursements, Warrant Request, etc.) 5 years Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §34090 Finance / General Accounting FN-016 Accounts Receivable / Revenue - Transient Occupancy Tax (TOT), Damage to Public Property, Invoices to Outside Entities, etc.5 years Department preference; Meets auditing standards; GC §34090 et seq. Finance / General Accounting FN-017 Bank Statements and Trustee Statements, Fiscal Agent Statements, Investment Account Statements, Bank Reconciliations, Bank Deposits, Bank Transmittal Advice 7 years Department Preference; Published articles show 3 - 4 years; GC §34090, 26 CFR 31.6001-1 Finance / General Accounting FN-018 Bankruptcies - NOT pursued / Notice of Trustee Sale When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §34090 Finance / General Accounting FN-019 Bankruptcies - Where a claim is filed 5 years Department Preference (negative information remains on credit ratings for 7 years); GC §34090 Finance / General Accounting FN-021 Cash Receipts / Daily Cash Summaries / Cashiers Reports / Treasurers Receipts (TRs)5 years Department Preference; Published articles show 3 - 4 years; GC §34090, 26 CFR 31.6001-1 Finance / General Accounting FN-022 Checks / Warrant Register Report (issued)10 years Department Preference; GC §34090 Finance / General Accounting FN-023 Checks / Warrants (Cashed / Deposited) for AP and AR 5 years Department Preference; meets municipal government auditing standards; GC §34090, CCP § 337 Finance / General Accounting FN-024 Escheat (Unclaimed money / uncashed checks)4 years Department preference; All tangible property held by government agencies escheats after 3 years; Statute of Limitations is 1 year for seized property; CCP §§340(d), 1519; GC §34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-27 Ver. 17.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-3 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / General Accounting FN-025 Financial Services Database (HTE SunGard One Solution)Indefinite Data Fields / Records are interrelated; GC §34090 Finance / General Accounting FN-026 Investment Reports / Treasurer's Reports 5 years Department Preference; Meets auditing standards; GC §34090 Finance / General Accounting FN-027 Investments / Arbitrage / Certificate of Deposit / Investment Bonds (Receipts / Advisor Reports / Trade Tickets / LAIF (Local Agency Investment Fund)) 5 years Department Preference; Meets auditing standards; Published articles show disposal + 7 years for security brokerage slips; statewide guidelines propose permanent; FTC Reg's rely on "self-enforcement"; GC§§ 34090, 43900 Finance / General Accounting FN-028 Journal Entries / Journal Vouchers 5 years Department Preference; meets municipal government auditing standards; Statute of Limitations is 4 years; statewide guidelines propose Audit + 5 years; GC §34090, CCP § 337 Finance / General Accounting FN-029 Reports, Subsidiary Ledgers, Reconciliations, Registers, Transaction Histories, Balance Sheets, Revenue & Expenditure Reports, etc. (MONTHLY OR PERIODIC) When No Longer Required Department preference (Financial System qualifies as a trusted system); GC §34090 Finance / General Accounting FN-030 Reports: Annual State or Federal: State Controller's Report, Local Government Compensation Report, Gas Tax, MOE (Maintenance of Effort) Report, Fixed Charge Special Assessment Report, Public Self Insurer Report (SIP Report), Street Report, Housing Successor Agency Housing Assets Fund Report, etc. 5 years Department Preference; Meets auditing standards; GC §34090 Finance / General Accounting FN-031 Trust Accounts / Deposits Close + 5 years Department Preference; (meets municipal government auditing standards); GC §34090 Finance / General Accounting FN-032 Vehicle Titles ("Pink Slips")Sale or Disposal Department Preference; GC §34090 Finance / General Accounting FN-032.1 W-9's Vendor Inactive + 3 years Meets IRS auditing standards; GC §34090 FINANCE / PAYROLL Finance / Payroll FN-033 CalPERS Reports - Annual Valuation Reports, Actuarial Valuation Reports 5 years Department Preference; Retained to match other auditing periods; GC §34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-28 Ver. 17.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-4 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / Payroll FN-034 DE-6, DE-7, DE-9, DE-43, W-3, & DE-166, 941 Forms, IRS 5500 Forms (Employee Benefit Plans), PERS / FICA & Medicare Adjustments - Quarterly Payroll Tax Returns / OASDI, Federal Tax Deposits, Adjustments, etc. 5 years Department Preference; IRS: 4 yrs after tax is due or paid; Ca. FTB: 3 years; Articles show 7 years; IRS Reg §31.6001-1(e)(2), R&T §19530; 29CFR 516.5 - 516.6, 29USC 436, GC §34090 Finance / Payroll FN-042 Deferred Compensation - Employee Files (Applications, Changes, Termination of Contributions, Rollover or Opt-Out) Separation + 6 years Department preference (consistent with Personnel Files); GC §34090 Finance / Payroll FN-035 Deferred Compensation (City Statements)5 years Produced by Deferred Comp. Provider; consistent with proposed statewide guidelines; published articles for bank statements show 4 -7 years; GC §304090, 26 CFR 31.6001.1 Finance / Payroll FN-043 Garnishments Satisfied + 5 years, or Separation of Employee GC §34090; 26 CFR 31.6001.1 Finance / Payroll FN-036 Payroll Reports - Periodic (includes Deduction Registers, Leave Registers, Time Transaction Reports, etc.)5 years Department preference; GC §34090 Finance / Payroll FN-037 Time Sheets / Time Cards / Overtime Sheets / Overtime Cards / Payroll Changes 5 years Department preference to facilitate grant audits or claim reimbursements; Meets auditing standards (audit + 4 years); IRS requires 4 years; Ca. requires 2 yr min.; FTB keeps 3 years; Published articles show 4 -10 years; IRS Reg §31.6001-1(e)(2), R&T §19530; LC § 1174(d); 29 CFR 516.5; GC §34090 Finance / Payroll FN-038 W-2's 5 years Department Preference; IRS: 4 yrs after tax is due or paid; Ca. FTB: 3 years; Articles show 7 years; IRS Reg §31.6001-1(e)(2), R&T §19530; 29 CFR 516.5 & 516.6(c); 29 USC 436, GC §34090 Finance / Payroll FN-039 W-4's No Longer in Effect + 4 years Department Preference; IRS: 4 yrs after tax is due or paid; Ca. FTB: 3 years; Articles show 7 years; IRS Reg §31.6001-1(e)(2), R&T §19530; 29CFR 516.5 - 516.6, 29USC 436, GC §34090 Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-29 Ver. 10.0 RECORDS RETENTION SCHEDULE: HOUSING Page HS-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). HOUSING Housing Commission Records Housing HS-007.1 Housing Commission RESOLUTIONS P Notes taken to facilitate the writing of the minutes can be destroyed after minutes have been adopted; GC §34090 et seq. Housing Loan Programs Housing HS-001 Bankruptcies - Housing Loans - NOT pursued When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §34090 Housing HS-002 Bankruptcies - Housing Loans - Where a claim is filed 7 years Department Preference (negative information remains on credit ratings for 7 years); GC §34090 Housing HS-003 Concerns / Correspondence 2 years City preference; Statute of Limitations for personal property, fraud, etc. is 3 years; Claims must be filed in 6 months; CCP §§338 et seq., 340 et seq., 342, GC §34090 Housing HS-004 Foreclosure Notifications 5 years Department preference; GC §34090 Housing HS-008 Housing Programs / Property Files: Affordable Housing Projects, Rehabilitation, Home Improvement, CDBG-funded Housing Projects, etc. WITH a Recapture / Resale Restriction Deeds are sent to City Clerk 5 years after the Affordability Period Terminates, or the Written Agreement Terminates, Whichever is Longer HUD requires 5 years after the project completion; documents imposing recapture / resale restrictions are 5 years after the affordability period terminates; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report; 2 CFR 200.334; 24 CFR 92.508(a)&(c) & 570.502(a)(16), 29 CFR 97.42, GC §34090 Housing HS-009 Housing Programs / Property Files: Affordable Housing Projects, Rehabilitation, Home Improvement, CDBG-funded Housing Projects, etc. WITHOUT a Recapture / Resale Restriction Deeds and Insurance are sent to City Clerk Loan Pay-off + 5 years HUD requires 5 years after the project completion; documents imposing recapture / resale restrictions are 5 years after the affordability period terminates; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report; 2 CFR 200.334; 24 CFR 92.508(a)&(c) & 570.502(a)(16), 29 CFR 97.42, GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-30 Ver. 10.0 RECORDS RETENTION SCHEDULE: HOUSING Page HS-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Housing HS-010 Loan Applications Rejected (First Time Home Buyers, Life/Safety, Rehabilitation, HOME, etc.)6 years Federal regulations require 6 years for all applications whether approved or denied; GC §34090 Housing Rental Programs (not Section 8 Housing) Police or Sherriff HS-019 Applications (Tenant / Participant) – Criminal Conviction Records/Sex Offender Registry - DENIED For Public Housing or Subsidy Assistance, Unsubsidized Residential Housing Expiration of Challenge Period, or Final Disposition of Challenge Department preference to comply with HUD requirements; GC §34090.7 Police or Sherriff HS-020 Applications (Tenant / Participant) – Criminal Conviction Records/Sex Offender Registry - ELIGIBLE For Public Housing or Subsidy Assistance, Unsubsidized Residential Housing When Applicant is Housed Department preference to comply with HUD requirements; GC §34090.7 Housing HS-021 Applications (Tenant / Participant) – Ineligible Due to Debt Owed and/or Adverse Action For Public Housing or Subsidy Assistance, Unsubsidized Residential Housing 10 years after application withdrawn or applicant determined ineligible and expiration of appeal period and conclusion of appeal, if filed Department Preference, consistent with Administrative Plan Policy and Guidelines and Source Funding Program; GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-31 Ver. 10.0 RECORDS RETENTION SCHEDULE: HOUSING Page HS-3 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Housing HS-022 Applications (Tenant / Participant) – Ineligible or Withdrawn For Public Housing or Subsidy Assistance Records relating to the application process for public housing or subsidy assistance where the applicant is determined to be ineligible, or where the application is withdrawn by the applicant. Also includes applicants for unsubsidized residential housing provided by the agency. Includes, but is not limited to: Application (and supporting data); Social Security Number disclosure consent, documentation, verification, discrepancy, investigation and resolution; Eligibility verification documentation (consent forms, wage & claim information, etc.); Correspondence and notifications to applicant; Racial, ethnic, gender, and place of previous residency data; Applicant appeal/hearing records. 3 years after application withdrawn or cancelled or applicant determined ineligible and expiration of appeal period and conclusion of appeal, if filed Department Preference, consistent with Administrative Plan Policy and Guidelines and Source Funding Program; GC §34090; 24 CFR 92.508(a)&(c) Housing HS-023 Housing Database Indefinite - 3 years Department preference; GC §34090 Housing HS-011 Property Management Reports 10 years Department Preference; GC §34090 Housing HS-025 Reasonable Accommodation Requests - MEDICALLY SENSITIVE INFORMATION - DENIED Expiration of Appeal Period, or Final Disposition of Appeal HUD Notice PIH 2010-26; Joint Statement on Reasonable Accommodations under the Fair Housing Act (issued by HUD and the Department of Justice on May 17, 2004) GC §34090 Housing HS-026 Reasonable Accommodation Requests - MEDICALLY SENSITIVE INFORMATION - APPROVED 3 years after Determination HUD Notice PIH 2010-26; Joint Statement on Reasonable Accommodations under the Fair Housing Act (issued by HUD and the Department of Justice on May 17, 2004) GC §34090 Housing HS-027 Rents - Rate Setting 4 years Department Preference, consistent with Program Administrative Plan Policy and Guidelines and funding program; GC §34090 Housing HS-028 Reporting (Applicant / Tenant / Participant-Specific) 4 years Department Preference, consistent with Program Administrative Plan Policy and Guidelines and funding program; GC §34090 Housing HS-029 Service Requests (by Tenant)2 years GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-32 Ver. 10.0 RECORDS RETENTION SCHEDULE: HOUSING Page HS-4 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Housing HS-030 Tenant / Participant Files - Clients Records include, but are not limited to: Application (and supporting data) from the household and household members; Eligibility verification documentation (consent forms, wage & claim information, Social Security Number, etc.); Household income / composition re-certification re- examinations; Executed Lease Basis for determining (reasonable) rent pursuant; Move-in/move-out inspection reports; Disposition of tenant/participant personal property; Termination of lease / subsidy assistance; Grievance / informal hearing procedures; Correspondence with tenants /participants (including notifications, complaints and responses, notices of entry of dwelling unit during tenancy, etc.). 5 years after termination of lease or subsidy, whichever is later and expiration of appeal period and conclusion of appeal, if filed Department Preference, consistent with Program Administrative Plan Policy and Guidelines and funding program; GC §34090; 24 CFR 92.508(a)&(c) Housing HS-031 Tenant Files - Income Verification, 50058s, Verifications Only 3 years Department Preference (consistent with Section 8 requirements, even though the City does not provide Section 8 Housing); GC §34090 Housing HS-032 Waiting List 2 years GC §34090 Housing Rent Review Housing HS-013 Mobile Home Rent Control (Ordinances, regulations, etc.)P Department Preference; GC §34090 Housing HS-014 Mobile Home Rent Control General Files 2 years Department preference; GC §34090 Housing HS-015 Mobile Home Rent Control History and Registration Files (Files separated by park)P Department Preference; GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-33 Ver. 14.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). HUMAN RESOURCES Human Resources HR-022 1095-C, 1094-C (Employer-Provided Health Insurance Offer and Coverage & Transmittal Form)4 years Department Preference; Instructions state "Generally, keep copies of information returns you filed with the IRS or have the ability to reconstruct the data for at least 3 years, from the due date of the returns"; GC § 34090 Human Resources HR-001 CalPERS Benefit Administration (Includes contract amendment, actuarial reports, service credit reports, annual employee listing, etc.) 6 years Department Preference; 6 years for retirement benefits; State Law requires 2 years after action; 29 CFR 1627.3(b)(2); 29 USC 1027; GC §§12946, 12960, 34090 Human Resources HR-002 CalPERS Enrollment / Termination Forms P Department Preference; GC § 34090 Human Resources HR-003 CalPERS Reports - Annual Employer Statements 5 years Department Preference; Retained to match other auditing periods; GC §34090 Human Resources HR-004 Classification / Reorganization Studies (for employee classifications and department structures) 3 years Bureau of National Affairs recommends 2 years for all supplementary Personnel records; Wage rate tables are 1 or 2 years; State requires 2 years; 29 CFR 516.6, 29 CFR 1602.14, GC §§12946, 12960, 34090 Human Resources HR-005 Classification Specifications 3 years Department preference; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years; retirement benefits is 6 years from last action; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 34090 Human Resources HR-005.1 COVID-19 Notifications to Employees 3 years LC §6409.6(k), GC §34090 Human Resources HR-006 Compensation Surveys & Studies 3 years Bureau of National Affairs recommends 2 years for all supplementary Personnel records; Wage rate tables are 1 or 2 years; State requires 2 years; 29 CFR 516.6(2), 29 CFR 1602.14, GC §§12946, 12960, 34090 Human Resources HR-007 Department of Fair Employment & Housing (DFEH or EEOC) Claims / Harassment Claims Final Disposition + 3 years All State and Federal laws require retention until final disposition of formal complaint; State requires 2 years after "fully and finally disposed"; 2 CCR 11013©; GC §§12946, 34090 Human Resources HR-008 DMV Pull Notices When Superseded or Separated Transitory or source records not retained in the ordinary course of business; CHP audits every 2 years; Bureau of National Affairs recommends 2 years for all supplementary Personnel records; GC §34090 Palm Desert, CA ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-34 Ver. 14.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Human Resources HR-009 Drug & Alcohol Test Results (All - Positives and Negatives)5 years D.O.T. Requires 5 years for positive tests, 1 year for negative tests; EEOC/FLSA/ADEA (Age) requires 3 years physical examinations; State Law requires 2 years; 29 CFR 1627.3(b)(v), GC §§12946, 12960, 34090, 49 CFR 655.71 et seq.; 49 CFR 382.401 et seq.; 49 CFR 653.71 Human Resources HR-010 EEO-4 Reports and records required to generate EEO-4 report (Self- Identification Form, etc.)3 years 29 CFR 1602.30; 29 CFR 1602.31, 29 CFR 1602.32; GC §34090 Human Resources HR-023 Employee Fidelity Bonds P Department Preference; GC §34090 Human Resources HR-011 Hearing Tests 30 years Department preference; GC §34090 Human Resources HR-012 I-9s Separation + 3 years Required for 1 year from termination or 3 years from hiring, whichever is later; EEOC / FLSA / ADEA (Age) requires 3 years for "any other forms of employment inquiry"; State Law requires 2 -3 years; 8 CFR 274a.2; 29 CFR 1627.3(b)(1); GC §§12946, 12960, 34090 Human Resources HR-013 Labor Relations Files (Negotiation Notes, Correspondence, Interpretation of MOU Provisions, Documentation, etc.) 10 years Department Preference; GC §34090 Human Resources HR-014 OSHA Inspections & Citations, Log 200 and Log 300, 301, 301A 5 years Calif. Labor Division is required to keep their records 7 years; OSHA requires 5 years; State law requires 2 years; ; 8 CCR §3203(b)(1), 29 CFR 1904.33, OMB 1220-0029, 8 CCR 14300.33; GC §34090; LC §6429c Human Resources HR-015 Personnel Files - Employees Includes Oaths of Office and Disaster Service Workers Oaths, Training Certificates, including Ethics and Harassment Prevention Training Separation + 6 years Department Preference; statute of limitations for retirement benefits is 6 years from last action; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years; 29 CFR 1602.14, 1602.31 & 1627.3(b)(1), GC §§12946, 12960, 34090; 29 USC 1113; GC §3105; LC §1198.5 Palm Desert, CA ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-35 Ver. 14.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-3 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Human Resources HR-016 Personnel Files - Medical File (all employees) Whichever is Longer: Separation + 30 years, or Termination of Benefits + 5 years, or Death of Employee + 5 years Department preference; Files maintained separately; Claims can be made for 30 years for toxic substance exposure; 8 CCR §3204(d)(1) et seq., 8 CCR 5144, 8 CCR 15400.2; 29 CFR 1910.1020(d)(1)(i), GC §§12946, 12960, 34090; LC §1198.5 Human Resources HR-024 Recruitment Database (NeoGov)4 years Department preference; Per NeoGov Policy; 29 CFR 1627.3(b)(1), 29 CFR 1602.14;.2 CCR 11013(c); GC §§12946, 12960, 34090 Human Resources HR-017 Recruitment and Testing File (Includes Advertisements, Applications (Unsuccessful); Interview Notes, Job Brochures, Test Data, Testing Analysis & statistical Metric, Job Analysis, Rating Sheets, Scantrons, Rater's Profile & Confidentiality Agreement, Flowchart, Eligible Lists, etc.) 4 years State Law requires 4 years; 29 CFR 1627.3(b)(1), 29 CFR 1602.14; 2 CCR 11013(c), GC §§12946, 12960, 34090 Human Resources HR-019 Studies & Surveys Conducted on Behalf of the City (Sick Leave, Attrition, Benefits, etc.)3 years Department preference; GC §34090 Human Resources HR-020 Workers Compensation Claim Runs 5 years Meets auditing standards; GC §34090 Human Resources HR-021 Workers Compensation Claims Whichever is Longer: Separation + 30 years, or Termination of Benefits + 5 years, or Death of Employee + 5 years Department preference; Claims can be made for 30 years for toxic substance exposure; Claims are required for five years after the end of compensation, or injury, whichever is longer; 8 CCR 5144, 8 CCR 15400.2; 8 CCR §3204(d)(1) et seq., 8 CCR 10102, 15400.2; GC §§12946, 12960, 34090 Palm Desert, CA ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-36 Ver. 16.0 RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Page IT-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). INFORMATION TECHNOLOGY Information Technology IT-001 Backups - Daily When No Longer Required Used for Disaster Recovery Purposes Only; Considered a copy and can be destroyed when no longer required; store off-site in a commercial facility for disaster recovery purposes; GC §34090 et seq. Information Technology IT-002 Backups - Weekly / Monthly When No Longer Required Used for Disaster Recovery Purposes Only; Considered a copy and can be destroyed when no longer required; store off-site in a commercial facility for disaster recovery purposes; GC §34090 et seq. Information Technology IT-003 Inventory, Information Systems When No Longer Required Preliminary documents not retained in the ordinary course of business; GC §34090 et seq. Information Technology IT-004 Network Configuration Maps & Plans When No Longer Required Preliminary documents not retained in the ordinary course of business; GC §34090 et seq. Information Technology IT-005 WORM / DVD-r / CD-r / Blue Ray-R or other unalterable media that does not permit additions, deletions, or changes P For legal compliance for Trustworthy Electronic Records (when the electronic record serves as the official record); GC 60200, 12168.7, EVC 1550, 2 CCR 22620 et seq.. Information Technology IT-006 Video Recordings - Surveillance Recordings - Public Areas (Council Chambers, Parking Lots, etc.) 1 year + 1 day Per City Policy (Resolution 2017-75); Does not record regular ongoing operations of the City; GC §34090.6(a) Palm Desert, CA ©1995-2014 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-37 Ver. 25.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PW / CIP (CAPITAL IMPROVEMENT PROJECTS) & O&M CIP / INSPECTIONS CIP PW-001.1 ADA Request Forms (Americans with Disability Act)2 years GC §34090 CIP PW-001.2 ADA Request Studies or Reports (Americans with Disability Act)10 years Department preference; GC §34090 CIP PW-002 Aerial Maps / Photographs - Analog or Digital & Index to Aerials When No Longer Required Department Preference; GC §34090 CIP PW-003 Assessment District / Community Facilities Districts / Maintenance District / Landscape & Lighting / Street Improvement District Projects / Underground Utility Districts (FORMATION, BOUNDARIES, ENGINEERS REPORTS, MAPS) P Department Preference; Statute of Limitations is 4 - 10 years (for Errors & Omissions); CCP §§337. 337.1(a), 337.15, 343; GC §34090.7 CIP PW-005 Capital Improvement Projects (CIP): Administration File Project Administration, Certified Payrolls, Construction Manager's Logs, Complaints (project-related), Cost of Construction, Fee & Deposit Reimbursements, Project Schedules, Progress Meetings, Punch Lists, Real Estate Appraisals, etc. Completion + 10 years or After Funding Agency Audit, if required, whichever is longer Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions is 10 years; Published Audit Standards=4-7 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090 CIP PW-006 Capital Improvement Projects (CIP): Permanent File Plans, Specifications & Addenda, EIRs, Negative Declarations, Categorical Exemptions, Daily Inspections, Materials Testing Reports, Grading Permits, Hazardous Materials Plans, Photos, RFIs, Soils Reports, Studies, Submittals, Surveys, etc. P Department preference; retained for disaster preparedness purposes; Statewide guidelines propose Permanent for Infrastructure plans; GC §34090 Lead Dept.PW-007 Correspondence - Regulatory Agencies 10 years Department preference; Some correspondence from Regulatory Agencies need to be retained for long periods of time; GC §34090 CIP PW-009 Design & Construction Standards P Department Preference; GC §34090 CIP PW-010 Capital Improvement Project "As-Builts" - City-Built Projects P Drafts should be destroyed; Some maps are also retained by Planning; Selected maps are retained in Public Works for administrative purposes; GC §34090, 34090.7 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-38 Ver. 25.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-2 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CIP PW-011 Encroachment Permits - Permanent Encroachments, Rights of Ways P Department Preference; GC §34090 CIP PW-012 Encroachment Permits -Temporary Construction, Street Permits, Sidewalk Repairs, Traffic Control, Utility Cuts etc. 2 years Department Preference (the warrantee period for work done is 5 years); GC §34090 CIP PW-013 Encroachment Permits: Temporary (Pool Drain, Debris Boxes, Wide Load, Transportation Permits, etc.) 3 years Department Preference; NPDES Monitoring records required for 3 years; 40 CFR §§122.21, 122.41; CCP §337 et seq. CIP PW-015 Engineering Studies / Surveys (City Built Projects)P Department Preference; GC §34090 CIP PW-016 Geotechnical Reports / Soils Reports / Hydrology Reports (Authored by the City or their contractors for City-Built Projects) P Department Preference; GC §34090 CIP PW-019 NPDES Monitoring and Inspections - Stormwater 3 years Department Preference; Monitoring records required for 3 years; 40 CFR §§122.21, 122.41; CCP §337 et seq. CIP PW-020 NPDES Permits - Stormwater Superseded + 3 years Department Preference; Monitoring records required for 3 years; 40 CFR §§122.21, 122.41; CCP §337 et seq. CIP PW-025 Rights of Entry P Department preference; GC §34090 et seq. CIP PW-026 Survey Field Books (Authored by the City)P Department preference; GC §34090 et seq. CIP PW-027 Use of Facilities Permits 2 years GC §34090 et seq. PW / OPERATIONS / CORPORATION YARD / STREETS Ops / Corp Yard / Streets PW-042 Aboveground Petroleum Storage Tanks (City Owned) Spill Prevention Control and Countermeasures (SPCC), Inspections, Integrity Testing, Maintenance, Repairs P Department Preference; applies to both Tier I and Tier II Tanks; (Tier II tanks are required to have an integrity test every 20 years); EPA recommends that formal test records or reports be retained for the life of the container. GC §34090 Ops / Corp Yard / Streets PW-043 AQMD Permits (Generators, etc.)5 years 40 CFR 70.6; GC §34090 Ops / Corp Yard / Streets PW-044 Building Inspections 2 years GC §34090 Ops / Corp Yard / Streets PW-057 Generator Operation Logs & Inspections - Portable / Emergency Generators)5 years AQMD Rule 1470; Form 400–E–13a instructions, GC §34090 Ops / Corp Yard / Streets PW-045 Generator Operation Logs (for Fixed / Stationary Generators) / Inspections 3 years AQMD Rule 1470; GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-39 Ver. 25.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-3 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Ops / Corp Yard / Streets PW-046 Hazardous Waste Manifests / Certificates of Disposal P Department Preference (test results for hazardous waste generators are required for 3 years); 40 CFR 262.40, 8 CCR 3204(d)(1)(A), 22 CCR 66262.40 Ops / Corp Yard / Streets PW-047 Operations & Maintenance Manuals (O&M Manuals) Life of Facility or Equipment Department Preference; GC §34090 et. seq. Ops / Corp Yard / Streets PW-048 Pesticide Application Records 2 years Department Preference (agricultural pesticide records are required for 2 years); GC §26202; 3 CCR 6623 Ops / Corp Yard / Streets PW-049 Pre-Trip Inspections / DOT Program / CHP Inspections / Vehicle Safety Checks / Daily Vehicle Inspections / Daily Equipment Checks 2 years 13 CCR 1234(c); GC §34090 Ops / Corp Yard / Streets PW-049.1 Safety Meeting Topic, Sign-in, Minutes 7 years Department preference; Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; 8 CCR §3203 et seq., 29 CFR 1627.3(b)(1), LC §6429(c); GC §§12946, 12960, 34090, 53235.2(b) Ops / Corp Yard / Streets PW-050 Sidewalk Inspections 10 years Department Preference; GC §34090 Ops / Corp Yard / Streets PW-051 Used Oil Disposal 3 years 22 CCR 66266.130(c)(5), H&S §25250.18(b), 25250.19(a)(3) et seq. Ops / Corp Yard / Streets PW-052 Vehicle & Equipment Database Indefinite Data Fields / Records are interrelated; GC §34090 Ops / Corp Yard / Streets PW-053 Vehicle & Equipment History Files Maintenance, Smog Certificates, Registrations Disposal of Vehicle or Equipment + 2 years Department Preference; If a motor carrier, required for 18 months after vehicle is sold; CHP requires life of vehicle; OSHA requires 1 year; 8 CCR § 3203(b)(1); 49 CFR 396.21(b)(1); 49 CFR 396.3(c); CCP §337 et. seq., 13 CCR 1234(f); GC §340900 Ops / Corp Yard / Streets PW-054 Work Orders / Service Requests / Civica - CMMS DATABASE (Computerized Maintenance Management System) Indefinite Data is interrelated; GC §34090 Ops / Corp Yard / Streets PW-055 Work Orders / Service Requests / Civica - All Information Entered in CMMS Database (Paper drafts) When No Longer Required Preliminary drafts (the database is the original); GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-40 Ver. 25.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-4 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Ops / Corp Yard / Streets PW-056 Work Orders / Service Requests Civica - NOT entered in CMMS Database (or partial information entered into CMMS Database) (Division providing service retains originals; Division requesting service is considered a copy) 5 years City Preference; CCP §§338 et seq., 340 et seq., 342; GC §34090 PW / LANDSCAPE Landscape PW-059 Community Gardens Agreements Expiration + 2 years GC §34090 Landscape PW-060 Community Gardens General Files 2 years GC §34090 Landscape PW-030 Tree Keeper Database Indefinite Data Fields / Records are interrelated; GC §34090 PW / TRAFFIC & TRANSPORTATION ENGINEERING Traffic & Transportation Engineering PW-034 Street Closures P Department Preference; GC §34090 Traffic & Transportation Engineering PW-035 Studies - Transportation 10 years Drafts / source records entered into database and not retained in the ordinary course of business; GC §34090 Traffic & Transportation Engineering PW-036 SWITRS - Statewide Integrated Traffic Records System When No Longer Required Non-Records (Sheriff) Traffic & Transportation Engineering PW-037 Traffic Signals P Department preference; Drafts should be destroyed; GC §34090 Traffic & Transportation Engineering PW-038 Traffic Speed Surveys 10 years Department preference (required every 5 years, but can be extended to 7 or 10 years); GC §34090 Traffic & Transportation Engineering PW-039 Traffic Studies / Traffic Counts 10 years Department preference; GC §34090 Traffic & Transportation Engineering PW-040 Transportation Master Plans / Traffic Master Plans P Department preference; Drafts should be destroyed; GC §34090 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-41 Ver. 25.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-5 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Traffic & Transportation Engineering PW-041 Underground Service Alerts (USA's) / Dig Alerts - Our Locate and Marks Only 3 years Department Preference (required for 3 years); GC §§4216.2(f) & 4216.3(d), 60201 Palm Desert, CA. ©1995-2014 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-42 Ver. 14.0 RECORDS RETENTION SCHEDULE: RISK MANAGEMENT Page RM-1 Office of Record (OFR) Retention No.Records Description Total Retention Comments / Reference If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). RISK MANAGEMENT Risk Manage. RM-001 Accident Reports - Vehicle Accident Report (City Vehicles)2 years Department Preference; GC §34090 Risk Manage. RM-002 Insurance Claims 2 years Department Preference; GC §34090 Risk Manage. RM-003 Insurance Policies (City-owned) - Auto, Fire Expiration + 2 years Department Preference; GC §34090 Risk Manage. RM-004 Insurance Policies (City-owned) - General Liability, Property P Department Preference; GC §34090 Palm Desert, CA ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 12/15/2022 Approved Conversion of Hard Copy to Electronic Record Item 1N-43 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Shawn Muir, Community Services Manager Randy Chavez, Deputy Director of Public Works REQUEST: REJECT ALL PROPOSALS FOR BUMP & GRIND TRAILHEAD RESTROOM PROJECT AND AUTHORIZE STAFF TO READVERTISE FOR PROPOSALS (PROJECT NO. 956-23) RECOMMENDATION: 1. Reject all proposals presented for Bump & Grind Trailhead Restroom Project. 2. Authorize Public Works staff to readvertise the project. BACKGROUND/ANALYSIS: On July 14, 2022, the City Council approved submittal of a Greater Palm Springs Tourism Foundation (GPSTF) grant for the Bump and Grind Trailhead Improvement Project. As part of the project, Staff proposed to add a public art piece that would serve as a photo opportunity, as well as install a trailhead restroom facility. The grant provides $100,000 in matching funds, to which the City contributed $150,000 on the FY2022/23 budget for a total project budget of $250,000. The GPSTF submitted one half of the grant award at the project start ($50,000) and will release the final $50,000 payment upon project completion. These funds have been carried forward from FY2022/23 to FY2023/24. Staff contracted with Michael Baker International (MBI) to develop construction plans for the trailhead restroom. A Request for Proposals (RFP) was issued on OpenGov, the City’s online bidding portal, on May 23, 2023. A mandatory pre-proposal meeting was held on May 30, 2023, and one contractor was in attendance. In an attempt to receive competitive proposals for the project, staff issued Addendum #1 to the RFP to include a second pre-proposal meeting which was held on June 6, 2023. No contractors attended that meeting. One proposal from C.S. Legacy Construction, Inc. was received in the amount of $449,134.69 by the proposal submission deadline of June 12, 2023. The proposal received adequately met the needs of the City for completion of the project. Further, the contractor has experience in projects of similar size and scope, as well as local references. However, the proposed fee exceeds the project budget by $199,134.69. After analysis, Staff has concluded that the proposal submitted by C.S. Legacy Construction, Inc. cannot be awarded because there was no competitive proposal submitted and the fee far exceeds the budget allocated for the project. In keeping with the City’s responsible use of public funding, staff recommends that the City Council reject the proposal from C.S. Legacy Construction, Inc. and direct staff to readvertise the project beginning in July 2023. Staff will post the Request for Proposals on OpenGov in late July and hold a non-mandatory pre-proposal Item 1O-1 City of Palm Desert Reject and Readvertise Trailhead Restroom Project Page 2 of 2 meeting in early August. Proposals will be due in late August and the staff report for contract award will be brought to a City Council meeting in September. FINANCIAL IMPACT: By rejecting the proposal, the City will be responsibly managing public funds to complete the project. There is otherwise no impact to the General Fund. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Approved Staff Report - Submit GPSTF Grant Application 2. Proposal - C.S. Legacy Construction Item 1O-2 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Shawn Muir, Management Analyst REQUEST: AUTHORIZE THE SUBMITTAL OF AN APPLICATION TO THE GREATER PALM SPRINGS TOURISM FOUNDATION GRANT FOR THE BUMP AND GRIND TRAILHEAD IMPROVEMENT PROJECT RECOMMENDATION: 1. Authorize the submittal of an application to the Greater Palm Springs Tourism Foundation Grant for the Bump and Grind Trailhead Improvement Project. 2. Authorize the City Manager or his Designee to execute all documents that may be necessary to facilitate the application or award. BACKGROUND/ANALYSIS: Staff was made aware of a grant opportunity through the Greater Palm Springs Tourism Foundation to fund projects that would stimulate the development of new tourism experiences and enhance existing tourism experiences in the Greater Palm Springs area. Outdoor recreation, including trails are one of the City of Palm Desert’s tourist attractions from which this funding opportunity would benefit. Specifically, the Bump and Grind trail sees thousands of visitors each year and provides a free experience for families to enjoy when visiting the desert. To utilize this grant opportunity for its intended purpose, staff proposes to add a public art piece that would serve as a photo opportunity at the Bump and Grind trailhead. This would provide a safe place to take group photos or “selfies” to share via social media. The art would incorporate the Palm Desert city name so that the location is easily identified and promoted through social media sharing. Public Works will work closely with Special Programs to identify an art piece that is appropriate and effective. This will also be added to the Art in Public Places program for the City. A second component of the grant application is the addition of a restroom to the trailhead facilities. The trailhead to the Bump and Grind is located behind the Desert Crossing Shopping Center, just off Highway 111. This location is convenient and easy to find but presents some challenges with regard to space. Additions to the trailhead were recently made with the construction of the CV Link terminal at the site, which provided new shade, seating, bike racks, and drinking fountains. However, restroom facilities have not been added, and the nearest publicly available restrooms for hikers are at the nearby Target or other shops within Desert Crossing. Staff have researched trailhead restroom facilities used in neighboring communities and have verified the viability of placing a permanent facility with water and sewer connections at the site. Item 1O-3 City of Palm Desert Submittal of GPSTF Grant Application Strategic Plan: A top priority of the City 's Env ision Palm Desert Strateg ic Plan is to secure funding to sustain and enhance the community 's parks and recreation areas and activities. This request meets that objective by securing funding to update and enhance an existing trailhead . If grant funding is awarded , the City will continue to further its goals by adding tourism opportunities and increasing the amenities at the popular Bump and Grind trailhead . FINANCIAL IMPACT: The amount of $250 ,000 for this project was included in the approved Capital Improvement Project CIP ) List for Fiscal Year 2022-23 under Capital Improvement Fund . Should the GPSTF grant application be awarded , an additional $100 ,000 of grant funding would be made available to supplement the project funds . The grant plus available funding brings the total al lowable cost of the project to $350 ,000 . The GPSTF will disburse 50% of the $100 ,000 in advance of the approved project and 50% upon successful conclusion of the project. Staff will evaluate if additional funds are requ ired once the construction phase of the project is submitted to the City Council for award . Therefore , there is no addit ional financial impact to the general fund with this action . REVIEWED BY: Department Director : Finance Director : Assistant City Manager: City Manager: ATTACHMENTS: 1. Grant Guidelines 2 . Grant Application 3 . Vicinity Map Andy Ramirez, Deputy Director of Publi c Works Veronica Chavez Andy Firestine L. Todd Hilema n CITY COUNCIL ~TION APPROVED _____ DENIED------ RECEIVED ______ QTHER _____ _ i0~g1&ZtiY&oo "oog 5aodtL ABSTAIN: _._N_..UY)......,. ..... £ ... , __________ _ VERIFIED BY:_..N .... M ......... D.__ ________ _ Original on File with City Clerk's Office Page 2 of 2 Page 112 of 563 Item 1O-4 July 14, 2022 Palm Desert / Riverside County Shawn Muir smuir@cityofpalmdesert.org 73-510 Fred Waring Drive, Palm Desert, CA 92260-2578 760) 776-6481 Item 1O-5 Bump and Grind Trailhead Improvement Project APPLICATION FOR GREATER PALM SPRINGS TOURISM FOUNDATION GRANT Item 1O-6 PAGE 1 Project Description The Bump and Grind trail is one of the premier visitor experiences in the City of Palm Desert, and one of the most popular trails in the Coachella Valley. Located near Highway 111 and the City’s center, this trail is readily accessible and easy to find for visitors. It was also added as a connector to the CV Link, a multi-modal transportation facility, in 2020 to increase access and provide drinking fountains and shade. The trail itself is a moderately challenging 4-mile loop that offers spectacular views of Palm Desert, the surrounding communities and Mount San Jacinto and Mount San Gorgonio in the distance. Hikers are treated to experience this beautiful desert scenery and connect with nature, while taking in some hallmarks of the Coachella Valley such as wildflowers, lizards, and even the occasional Peninsular Bighorn Sheep. Given this, it is not surprising that the trail is a popular location for visitors to take vacation photos to share on social media. This is a great way for tourists and residents alike to capture their experience, and it is an excellent opportunity for the City to provide location information that would attract new visitors. Care must be taken when taking photos along the trail, due to the sometimes-steep mountainsides and uneven terrain. A dedicated space is needed to encourage and enhance photo opportunities at the trailhead. An attraction to provide this space would add to the City of Palm Desert’s already substantial Art in Public Places program, and bolster tourism through social media sharing. The convenient location of this trail on Painter’s Path, behind the Desert Crossing Shopping Center also presents some challenges. Space is limited, and although there are shops nearby and a distinct trailhead created by the CV Link, a dedicated restroom has not been installed. This limits both the number of people and the duration of visits to the trail. To enhance the tourism experience at this trailhead, the City of Palm Desert proposes to utilize the Greater Palm Springs Tourism Foundation Grant to place a public restroom facility at the trailhead. A dedicated photo area would also be created by placing public art to create a “selfie station” or similar functional space to be used and enjoyed by residents and visitors. Details on how the GPS Tourism Grant Funds will be utilized for this project The City of Palm Desert has identified the need to enhance the Bump and Grind trailhead by adding an art-based “selfie station” and restroom facility. The City is requesting a 100,000 grant from the Greater Palm Springs Tourism Foundation to match a portion of this project. The full project cost is estimated at $350,000. The project will effectively increase the potential leisure market by identifying a Palm Desert hiking attraction in Item 1O-7 PAGE 2 user’s social media posts and providing more complete trailhead facilities for public enjoyment. Description of how the project will enhance the visitor experience The proposed project would add a visual component to the Bump and Grind trailhead which contributes to the City’s AIPP program and provides a great place for people to gather and take photos. In addition, the dedicated restroom facility that will be placed at the trailhead as part of this project adds to visitor’s comfort and convenience. Accounting: Describe in detail how you will track, evaluate, and report the success of your project The City of Palm Desert manages grants for various programs and projects throughout the City. The Greater Palm Springs Tourism Foundation grant funds will be managed by the Public Works Department. This Department encompasses Community Services Division, and Parks and Recreation. A separate account has been established in the Public Works budget for this project to maintain complete and accurate accounting. The City has set aside $250,000 in this account for the FY22-23 budget. Project records will be maintained at the City of Palm Desert Public Works Department, Community Services Division. This Division will also be responsible for project tracking, evaluation, and reporting. City staff are familiar with this type of project and are adept at project management. Item 1O-8 Item 1O-9 Item 1O-10 Item 1O-11 Item 1O-12 Item 1O-13 FRED WARING DR PAINTERS PATHPAINTERS PATH640091018 640020055 640091001 640091016 640091002 640091010 640091005 640080001 640080009 640091006 640091003 640091015 640020046 640091007 640091013 640091008 640080010 640020047 640091004 Date: 2022 Bump and Grind Trailhead Restroom I Project Location VICINITY MAP Palm Desert Parcels Palm Desert City Boundary Bump and Item 1O-14 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility RESPONSE DEADLINE: June 12, 2023 at 2:00 pm Report Generated: Monday, June 12, 2023 C.S. Legacy Construction, Inc. Proposal CONTACT INFORMATION Company: C.S. Legacy Construction, Inc. Email: gregg@cslegacy.net Contact: Gregg Strumpf Address: 675 Brea Canyon Rd. STE 8 Walnut, CA 91789 Phone: (909) 590-2626 Website: N/A Submission Date: Jun 12, 2023 1:43 PM Item 1O-15 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jun 8, 2023 9:21 AM by Richard Gonzales Addendum #2 Confirmed Jun 9, 2023 10:02 AM by Richard Gonzales QUESTIONNAIRE 1.BID ACKNOWLEDGMENT* To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260. A.In response to the Contract Documents for project number 202 3-IFB-182 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule. B.This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier. C.The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. Item 1O-16 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 3 D.If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements. E.All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid. F.The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as wel l as at the time the Contract is awarded, if the Contract is awarded to the undersigned. 1.If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or 2.If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California. I hereby certify under penalty of perjury under the laws of the State of Califor nia that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Confirmed 2.BID SCHEDULE* IMPORTANT: THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT. FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID. THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. Item 1O-17 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 4 The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). I certify that I have read, understood the above statement. Confirmed 3.BID GUARANTEE* IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73 -510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions. Hard Copy Original Bid Bond (delivered before bid submittal deadline) 4.E-Bid Bond Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARENOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. Bond ID: N/A (Hard Copy Bid Bond) Vendor ID: N/A (Hard Copy Bid Bond) Item 1O-18 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 5 5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. Developers Surety and Idemnity Company Click to Verify Value will be copied to clipboard 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... Trailhead_Subcontractor_List.pdf 7. NON-COLLUSION DECLARATION* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Item 1O-19 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 6 Confirmed 8. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registrat ion with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: A. Bidder shall maintain a current DIR registration for the duration of the project. B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ens ure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non- responsive. Confirmed 9. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Confirmed Item 1O-20 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 7 10. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 826870 Click to Verify Value will be copied to clipboard 11. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000002947 Click to Verify Value will be copied to clipboard 12. SAM.gov* Please enter your legal entity name for SAM.gov verification. C.S. Legacy Construction, Inc. Click to Verify Value will be copied to clipboard 13. Type of Business* S Corporation (if corporation, two signatures are required) 14. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. C.S. Legacy Construction, Inc. Click to Verify Value will be copied to clipboard 15. How many years has Bidder’s organization been in business as a Contractor? * 19 Item 1O-21 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 8 16. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number Gregg Strumpf President 675 Brea Canyon Rd. STE 8 Walnut, CA. 91789 gregg@cslegacy.net (909) 590-2626 PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 lump sum $67,550.75 $67,550.75 2 Traffic Control 1 lump sum $7,285.00 $7,285.00 3 Clearing and Grubbing 1 lump sum $3,906.88 $3,906.88 4 Unclassified Excavation 1 lump sum $32,137.20 $32,137.20 Item 1O-22 PROPOSAL DOCUMENT REPORT IFB No. 2023-IFB-182 Construct Trailhead Restroom Facility PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Construct Trailhead Restroom Facility Page 9 Line Item Description Quantity Unit of Measure Unit Cost Total 5 Remove Concrete and Other Improvements 1 lump sum $11,204.18 $11,204.18 6 Install Drainage System Improvements 1 lump sum $11,124.90 $11,124.90 7 Construct Sidewalk 750 square feet $21.15 $15,862.50 8 Install Portland Loo 1 lump sum $215,715.90 $215,715.90 9 Construct Retaining Wall 40 linear feet $1,292.50 $51,700.00 10 Install Pedestrian Barricade 1 each $5,622.38 $5,622.38 11 Furnish and Install 5' Chain Link Fence with Screening, including one (1) 3' gate 60 linear feet $352.50 $21,150.00 12 Permits, Licenses and Inspection Fees 1 lump sum $5,875.00 $5,875.00 TOTAL $449,134.69 Item 1O-23 Item 1O-24 Item 1O-25 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Cora L. Gaugush, Project Technician Kevin Swartz, Project Manager Randy Chavez, Deputy Director of Public Works REQUEST: RATIFY THE CITY MANAGER’S APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C40620 FOR THE DRAINAGE IMPROVEMENTS AT FIRE STATION NO. 71-COUNTRY CLUB DRIVE (PROJECT NO. 562-23) RECOMMENDATION: Ratify the City Manager’s approval of Change Order No. 2 to C40620 with Pro-Craft Construction for drainage improvements at Fire Station No. 71-Country Club Drive, in the amount of $125,000. BACKGROUND/ANALYSIS: On October 15, 2020, the City Council awarded Contract No. C40620 to Pro-Craft Construction for on-call plumbing services in amount of $40,000. On July 27, 2022, the City Manager approved Change Order No. 1 in the amount of $75,000 to increase the annual contract amount to $115,000 per Fiscal Year. On January 26, 2023, Facilities staff was notified that the apparatus bay at Fire Station No. 71 was flooded due to a clogged drainage line. Staff immediately contacted Pro-Craft Construction to repair the line. On January 27, 2023, Pro-Craft serviced the drain inlets and discovered that the required grease and debris separator were nonexistent, and, therefore, the apparatus bay drain system did not meet current standards and was in violation of the City’s Municipal Separate Storm Sewer System Permit (MS4). This type of violation could potentially carry fines of no less than $5,000 nor more than $50,000 per day of violation or by imprisonment of no more than 3 years or both. Due to the urgency of the matter, Staff asked Pro-Craft to make the necessary repairs/modifications to the system and bring the Fire Station into compliance. The estimated total construction cost was approximately $125,000 based on similar work and including the relocation of two large palm trees that were in direct line of the proposed drain installation. Due to the urgency of the matter, staff requested the City Manager’s approval of Change Order No. 2 to Contract No. C40620 with the understanding that staff would return it to City Council for ratification at the end of the project with the total cost. Following the City Manager’s approval, staff asked Pro-Craft to make the necessary repairs/modifications and bring the Fire Station into compliance. The Change Order brought the contract total amount to $240,000 during FY 2022/23. The breakdown of the separator costs is as follows: Item 1P-1 City of Palm Desert Ratify the City Manager’s Approval of Change Order No. 2 for C40620 Page 2 of 2 SAND/GREASE SEPARATOR PROJECT COST ITEM OF WORK COST DESIGN WORK 4,078.15 CONSTRUCTION 92,556.42 TRAFFIC CONTROL 1,050.00 CO-VENT PIPE LOCATION 3,344.70 WEST COAST ARBORISTS 12,812.70 TOTAL PROJECT COST $113,841.97 FINANCIAL IMPACT: Funds for the total project cost of $113,841.97 were available in Fire Fund Capital Project Account No. 2304220-4400100; therefore, there was no additional financial impact to the general fund with the approval of Change Order No. 2. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Liberty Urban for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Purchase Approval Form 2023-02-10 2. Contract C40620 Change Order No. 2 3. Photographs Item 1P-2 Purchasing Approval Form Requester Name Department Item/Service List Description Are you buying a: Vendor Name: Vendor Number (If Known) Amount: Justification Account Number Amount Kevin Swartz Public Works Please list the items/services you wish to purchase: Emergency Drainage Improvements at Fire Station No.71 Provide a short summary describing your purchasing needs: Approve Change Order No. 2 to Contract No. C40620 with Pro-Craft Construction for emergency drainage improvements at Fire Station 71 in the amount not to exceed $125,000 in Fiscal Year 2022-23 for a total contract amount of $240,000. Commodity Service Pro-Craft Construction V0015386 125,000.00$ Include information on potential risks to the City: On October 15, 2020, the City Council awarded Contract No. C40620 to Pro-Craft Construction for on-call plumbing services. On July 27, 2022, the City Manager approved Change Order No. 1 in the amount of $75,000 for a total of $115,000 per Fiscal Year. Currently the contract has an available balance of approximately $40,000. On Thursday (evening), January 26, 2023, Facilities staff was notified that the apparatus bay was flooded due to a clogged drainage line. Staff immediately contacted Pro-Craft Construction. On Friday (morning), January 27, 2023, Pro-Craft Construction arrived on-site. During the service to the drain inlets to unclog the drainage line, it was discovered that the system is not connected to the sewer, and does not have the required grease and debris separator. Since the current system does not meet current standards, it is in violation with CVWD (MS4). Staff intends to make the repairs/modifications this Fiscal Year to comply. Pro-Craft is currently working on the project design, which will include construction plans, materials, installation, and a construction cost estimate. Until the design and cost estimate are completed/received, the total cost of the project is unknown. Staff anticipates the repair cost to be approximately $125,000 based on similar work performed by Pro-Craft at other locations. Once the cost estimate is submitted and reviewed, it will be presented to the City Manager for approval. For approval we are requesting this Change Order. Staff will submit a staff report to the City Council for ratification of this approval in March 2023. Item 1P-3 Account 1 Manually Inputted Account Numbers (If Needed) Account Number Amount Account 1 Budget Contract Bids Three Bids Bid Selection 3. 2304220-4400100 - Capital Project 125,000.00$ $ Is this included in the budget? Yes No I am using cost savings from: If the answer above is no, briefly describe what monies are available to pay for this request: This is emergency work that was not scheduled therefore, no funding is available however, staff expects to offset some of the cost from savings from other CIP projects. Provide contract number, if one exists: C40620 Were three bids obtained: Yes No If bids were not obtained, upload quotes or any other associated documents: C40620 - Executed Agreement.pdf 685.51KB C40620 Change Order No. 1 - P929-21 - signed.pdf 1.76MB Was the lowest bid selected? Yes No Justification Information Exception to the Purchasing Policy is justified under City of Palm Desert Municipal Code Section 3.30.160. Briefly explain why this request qualifies for an exception: This work qualifies as an emergency. Check here if this qualifies as Professional Services under $10,000 Quotes Not Required Item 1P-4 Exceptions Deputy of Finance Signature Finance Approval City Manager Approval * Approval Date * C - Emergency. While the need for occasional emergency purchases is recognized, the practice must be curtailed as much as possible by anticipating needs so that normal purchasing procedures may be used.1. “Emergency” means a sudden, unexpected occurrence that poses a clear, eminent danger requiring immediate action to protect the health and safety of the public, including to prevent or mitigate the loss or impairment of life, health, property or public services. D - No Competitive Market. When the city council determines that a competitive market does not exist or that the city will not gain a competitive advantage by using the formal bidding procedure, the city may use any other procurement method. E - Competitive Bidding Already Completed. When the purchasing officer, with the approval of the city manager, determines that: (1) a competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), or a joint powers agency, authority or alliance that procures competitive contracts; and (2) the price to the city is equal to or better than the price to that public agency. F - State Purchase. When the purchase is made on behalf of the city by the State Department of General Services. G - Mandated Expenditures. When expenditures are mandated by law or regulation, such as county booking fees, utilities, postage (for delivery charges through the U.S. Postal Service), waste disposal fees or other non-negotiable permit, use or application fees. H - Shared Services. When the city council or city manager authorizes the award and execution of contracts for services, subject to the dollar limits consistent with this chapter, that are provided by another government, public entity, joint powers authority, quasi-governmental entity, special district or nonprofit entity that will maximize efficiency, increase cost effectiveness, increase range of services, minimize duplication, provide training or education encourage collaboration or standardize efforts, or leverage government resources. I - Best Interest of City. When the city council or city manager authorizes the award and execution of contracts, subject to the dollar limits consistent with this chapter, without competitive bidding provided that the city council or city manager finds that such award is in the best interest of the city, or of the public health, safety, and welfare. J - Sole Source*. When the city manager determines that there is only one source that provides the needed public project, contractual service, professional service or materials, supplies, and equipment or a product to ensure compatibility with other city products and equipment, the city shall work to procure these items in the best interest of the city. *This is rare. Confirm it meets ALL requirements in the code. K - Authorized Vendor List. The City or any of its departments may create an open vendor list for the purposes of providing recurring and routine contractual services, professional services, and materials, supplies, and equipment for the fiscal year. Finance Signature City Manager Signature 02/10/2023 Item 1P-5 Item 1P-6 Item 1P-7 Item 1P-8 Item 1P-9 Item 1P-10 22115 (90.045) FS 71 Sand-Oil Interceptor 73995 Country Club Drive, Palm Desert, California 22115 (90.045) Prepared by Lynn Van 1 Created with PlanGrid PlanGrid Photo Report - Jun 13, 2023 Prepared by : Lynn Van Jun 13, 2023 Description FS 71 - Sand-Oil Interceptor IMG_3359 Taken on: May 24, 2023 11:30 AM IMG_3358 Taken on: May 24, 2023 11:30 AM IMG_3357 Taken on: May 24, 2023 10:20 AM IMG_3355 Taken on: May 24, 2023 8:52 AM IMG_3354 Taken on: May 23, 2023 1:18 PM IMG_3353 Taken on: May 23, 2023 1:18 PM IMG_4469 Taken on: May 23, 2023 12:37 PM IMG_4467 Taken on: May 23, 2023 11:19 AM Item 1P-11 22115 (90.045) FS 71 Sand-Oil Interceptor 73995 Country Club Drive, Palm Desert, California 22115 (90.045) Prepared by Lynn Van 2 Created with PlanGrid IMG_4466 Taken on: May 23, 2023 11:19 AM IMG_4465 Taken on: May 23, 2023 6:30 AM IMG_4464 Taken on: May 23, 2023 6:30 AM IMG_4462 Taken on: May 22, 2023 12:57 PM IMG_4460 Taken on: May 22, 2023 12:57 PM IMG_4458 Taken on: May 22, 2023 10:09 AM IMG_4457 Taken on: May 22, 2023 7:21 AM IMG_4456 Taken on: May 22, 2023 7:21 AM IMG_3345 Taken on: May 19, 2023 11:26 AM IMG_3343 Taken on: May 19, 2023 10:03 AM IMG_3342 Taken on: May 19, 2023 10:03 AM bce09683-8c8f-47b6-ba54- e86aaf977bed Taken on: May 19, 2023 8:03 AM Item 1P-12 22115 (90.045) FS 71 Sand-Oil Interceptor 73995 Country Club Drive, Palm Desert, California 22115 (90.045) Prepared by Lynn Van 3 Created with PlanGrid 20230519_080309_photo Taken on: May 19, 2023 8:03 AM IMG_3341 Taken on: May 18, 2023 1:01 PM IMG_3340 Taken on: May 17, 2023 2:07 PM IMG_3337 Taken on: May 17, 2023 11:58 AM IMG_3333 Taken on: May 17, 2023 10:02 AM IMG_3332 Taken on: May 17, 2023 10:02 AM IMG_1427 Taken on: May 16, 2023 2:29 PM IMG_1424 Taken on: May 16, 2023 1:24 PM IMG_1422 Taken on: May 16, 2023 1:20 PM IMG_3317 Taken on: May 16, 2023 9:45 AM IMG_1420 Taken on: May 16, 2023 8:33 AM IMG_1418 Taken on: May 16, 2023 8:33 AM Item 1P-13 22115 (90.045) FS 71 Sand-Oil Interceptor 73995 Country Club Drive, Palm Desert, California 22115 (90.045) Prepared by Lynn Van 4 Created with PlanGrid cfaa3b69-bb9a-42fa-9d71- c4b49d7747e4 Taken on: May 15, 2023 1:43 PM 20230515_134323_photo Taken on: May 15, 2023 1:43 PM IMG_3312 Taken on: May 15, 2023 11:52 AM IMG_3311 Taken on: May 15, 2023 10:33 AM IMG_3310 Taken on: May 15, 2023 8:56 AM IMG_3308 Taken on: May 15, 2023 7:42 AM IMG_3307 Taken on: May 15, 2023 7:12 AM IMG_3302 Taken on: May 12, 2023 12:39 PM IMG_3291 Taken on: May 12, 2023 9:53 AM IMG_1406 Taken on: May 12, 2023 8:29 AM IMG_3288 Taken on: May 11, 2023 2:08 PM IMG_3287 Taken on: May 11, 2023 2:07 PM Item 1P-14 22115 (90.045) FS 71 Sand-Oil Interceptor 73995 Country Club Drive, Palm Desert, California 22115 (90.045) Prepared by Lynn Van 5 Created with PlanGrid IMG_3286 Taken on: May 11, 2023 2:07 PM IMG_3285 Taken on: May 11, 2023 2:06 PM IMG_3284 Taken on: May 11, 2023 1:31 PM IMG_3283 Taken on: May 11, 2023 1:22 PM IMG_3265 Taken on: May 11, 2023 8:27 AM IMG_3259 Taken on: May 10, 2023 1:01 PM IMG_3258 Taken on: May 9, 2023 2:10 PM IMG_3257 Taken on: May 9, 2023 1:22 PM IMG_3254 Taken on: May 9, 2023 12:05 PM IMG_3253 Taken on: May 9, 2023 12:00 PM IMG_3249 Taken on: May 8, 2023 11:48 AM IMG_3248 Taken on: May 8, 2023 11:47 AM Item 1P-15 22115 (90.045) FS 71 Sand-Oil Interceptor 73995 Country Club Drive, Palm Desert, California 22115 (90.045) Prepared by Lynn Van 6 Created with PlanGrid IMG_3247 Taken on: May 8, 2023 11:25 AM IMG_3246 Taken on: May 8, 2023 8:24 AM IMG_3245 Taken on: May 8, 2023 6:32 AM Item 1P-16 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Bertha Cepeda-Escobedo, Public Works Operations Manager REQUEST: AUTHORIZE THE TRANSFER OF DEVELOPER DEPOSIT FOR PORTOLA AVENUE MEDIAN AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE PROJECT (PROJECT NO. 937-23/MLS00027) RECOMMENDATION: Authorize the Director of Finance to transfer developer deposit in the amount of $151,200 from Deposit Account No. 4000000-2220000 to Project Account No. 4004614-4337001 for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation. BACKGROUND/ANALYSIS: On June 1, 2016, DR Horton submitted a deposit in lieu of Bond in the amount of $188,232. The funds were earmarked to landscape the median on Portola Avenue between Gerald Ford Drive and Dinah Shore Drive ($151,200) and the median on Dinah Shore Drive west of Portola Avenue ($37,032). On February 16, 2023, the City Council approved Contract No. C44690 to Urban Habitat, Inc. for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project in the amount of $275,978; plus, contingency in the amount of $55,000 was set aside for a total of $330,978. The construction project began on May 1, 2023, and is scheduled to be completed on June 30, 2023. In order to utilize the DR Horton deposit of $151,200 as intended, staff requests the City Council’s authorization to transfer such funds from Deposit Account No. 4000000-2220000 to Project Account No. 4004614-4337001. FINANCIAL IMPACT: The Portola Avenue Median Landscape was included as part of the approved FY 2022/23 Capital Improvement Project (CIP) List. Funds for the portion of the Magnesia Falls Drive Median were budgeted in Account No. 1104614-4337001. The transfer of the developer deposit from the Deposit Account to the Capital Project Account No. 4004614-4337001 is necessary to facilitate payment of the project expenditures and has no additional impact to the general fund. Item 1Q-1 City of Palm Desert Transfer of Developer Fees to Expense Account – Project No. 937-23 Page 2 of 2 Funding by Source: Project Funding Budget Expense Balance Capital Projects Fund 4004614-4337001 $275,000 General Fund 1104614-433701 $76,000 A42780 – Design $16,000 C44690 – Construction $275,978 C44690 – Contingency $55,000 Totals $351,000 $346,978 $4,022 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Approved Staff Report - Award Portola Avenue and Magnesia Falls Drive Landscape Item 1Q-2 CC, SARDA, & HA Meeting Minutes – Action Stamp February 16, 2023 City of Palm Desert ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 1F. AWARD CONTRACT NO. C44690 TO URBAN HABITAT, INC., OF LA QUINTA, CALIFORNIA, FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT IN THE AMOUNT OF $275,978 (PROJECT NO. 937-23) MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award Contract No. C44690 to Urban Habitat, Inc., of La Quinta, California, for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation project in the amount of $275,978. 2. Authorize the Director of Finance to set aside a contingency in the amount of $ 55,000 for unforeseen conditions. 3. Authorize the Director of Finance to appropriate $60,000 from the Unassigned General Fund Reserves to Account No. 1104614-4337001. 4. Authorize the City Manager or designee to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the agreement. Item 1Q-3 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Randy Chavez, Community Services Manager Shawn Muir, Senior Management Analyst REQUEST: AWARD CONTRACT NO. C44690 TO URBAN HABITAT, INC. OF LA QUINTA, CALIFORNIA FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT IN THE AMOUNT OF $275,978 (PROJECT NO. 937-23) RECOMMENDATION: 1. Award Contract No. C44690 to Urban Habitat, Inc. of La Quinta, California for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation project in the amount of $275,978. 2. Authorize the Director of Finance to set aside a contingency in the amount of $55,000 for unforeseen conditions. 3. Authorize the Director of Finance to appropriate $60,000 from the Unassigned General Fund Reserves to Account No. 1104614- 4337001. 4. Authorize the City Manager or designee to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the agreement. BACKGROUND/ANALYSIS: On June 1, 2016, DR Horton submitted a deposit in lieu of Bond in the amount of $188,232. The funds were earmarked to landscape the median on Portola Avenue between Gerald Ford Drive and Dinah Shore Drive ($151,200) and the median on Dinah Shore Drive west of Portola Avenue 37,032). Development along Portola Avenue has substantially increased, and Staff determined that the time was appropriate to landscape the Portola Avenue median. The Dinah Shore Drive median will be landscaped once that area is developed. On October 28, 2021, the City Council authorized the City Clerk to advertise a Notice Inviting Bids (NIB) for the construction and design of the Portola Avenue median. In the same meeting, City Council approved the transfer of the Developer Deposit of $188,232 to a Capital Improvement Project Fund. Concurrently, the median on Magnesia Falls Drive, east of Portola Avenue was impacted to accommodate the CV Link project. The work entailed removing plant material, irrigation, and reconfiguring the overall design of the median. However, funding to re-landscape the median was not included in the project. Therefore, staff is requesting an appropriation from unobligated general funds to Account No. 1104614- 4337001, R/M Median Landscaping to include the Magnesia Falls median project with the Portola Avenue median project to capitalize on economies of scale for construction. Item 1F-1Item 1Q-4 City of Palm Desert Award Contract to Urban Habitat, Inc. Page 2 of 3 On January 12, 2023, a Notice Inviting Bids was advertised on OpenGov, the City’s online public bidding platform, and in the Desert Sun, a local newspaper. A Mandatory Pre-Bid Meeting was held on January 23, 2023, with six firms attending, and the following bids were submitted by the bid deadline of January 31, 2023: CONTRACTOR LOCATION TOTAL BASE BID Urban Habitat, Inc. La Quinta, CA $275,978.00 Horizon Landscape, Inc. Coachella, CA $281,896.50 Conserve Landcare Thousand Palms, CA $434,444.00 Southern California Landscape, Inc. Fontana, CA $549,307.00 KorMex Construction, Inc. Ontario, CA $771,323.00 The lowest Base Bid received with contingency for the Portola Avenue and Magnesia Falls Drive median is as follows: LOCATION BASE BID CONTINGENCY TOTAL Portola Avenue $226,795 $45,000 $271,795 Magnesia Falls Drive $49,183 $10,000 $59,183 Total $275,978 $55,000 $330,978 Staff reviewed all bids and determined that Urban Habitat, Inc., is the lowest responsible bidder. Urban Habitat Inc. is a Southern California-based company with over 10 years of experience that has performed similar sized work such as the San Pablo Phase I landscape and irrigation project. In addition, they have successfully completed similar sized landscape projects for the City of La Quinta and the City of Indio. Therefore, staff recommends awarding said contract to Urban Habitat Inc. If approved, the landscape installation of these two medians will be complete 60-90 days after execution of the said agreement. References: Staff contacted the City of La Quinta and the City of Indio regarding Urban Habitat’s past project performance. Both cities gave a satisfactory review to customer service and project completion. Strategic Plan: Parks & Recreation – Priority 1: “Prepare for the financial requirements of maintaining existing parks to the highest level of service. FINANCIAL IMPACT: The Portola Avenue Median Landscape is included in the approved Capital Improvement Project CIP) List for Fiscal Year 2022-2023 in Capital Improvement Fund. DR Horton has contributed funding toward their share of this project. Staff is requesting an appropriation from Unassigned General Fund Reserves to Account No. 1104614-4337001, R/M Median Landscaping to include the Magnesia Falls median project and recognize an economy of scale with the Portola Project. Item 1F-2Item 1Q-5 City of Palm Desert Award Contract to Urban Habitat, Inc. Page 3 of 3 Project Funding by Source: Funding Budget Expense Balance 4004614-4337001 – Capital Improvement Partially covered by DR Horton deposit) $275,000 1104614- 4337001 – R/M Medians Requires $60,000 Appropriation) 76,000 A42780 – Design $16,000 C44690 – Construction $275,978 C44690 – Contingency $55,000 Totals $351,000 $346,978 $4,022 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Agreement 2. Payment & Performance Bonds 3. Contractor’s Proposal 4. Vicinity Maps Item 1F-3Item 1Q-6 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Thomas Soule, Public Affairs Manager REQUEST: APPROVE FIRST AMENDMENT TO THE AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C43390 in the amount of $890,000 with Idea Peddler for marketing services. 2. Authorize the City Attorney to make non-substantive changes to the amendment and the City Manager to execute the agreement on behalf of the City. BACKGROUND/ANALYSIS: Strategic Plan: This item is related to the Tourism & Marketing section of the Palm Desert Strategic plan under Priority 3: Attract new and developing travel/tourism markets; and Priority 4: Support the City's tourism industry through enhancement of its marketing efforts with an allocation of additional City resources, the development of partnerships, and coordination of existing efforts. Prior City Action: On June 23, 2022, after an RFP process, City Council approved Contract No. C43390 with Idea Peddler to provide marketing services for the City in the amount of $670,000, including $400,000 of pass-through costs for the media buy, $24,000 for travel costs, and a one-time budget of $30,000 for qualitative market research. Project Description: Contract C43390 is a three-year contract that expires on June 30, 2025. Amendment No. 1 clarifies payment terms based on input from the City’s Finance Department. It also adjusts the compensation totals to coincide with the identified marketing needs budgeted in the FY 2023-24 Financial Plan approved by Council on June 22, 2023. For FY 2023-24, the budget approved by Council includes a one-time increase of $250,000 for a campaign asset refresh ($100,000) and a pilot program to explore economic development marketing to support revenue growth ($150,000), for a total of $890,000. The City typically refreshes the creative assets needed for marketing every two to three years but has not done so since 2019. New images and video will help the City extend its current campaign without losing its effectiveness in the market. The concept for the economic development marketing pilot project came out of discussions with the City’s Marketing Committee in light of the uncertainty surrounding future revenue for the City’s General Fund. Because Transient Occupancy Tax (TOT) is a substantial source of revenue for the City, the Committee proposed a pilot project to explore ways to help increase Item 1R-1 City of Palm Desert First Amendment to Idea Peddler Contract for Marketing Services Page 2 of 2 the number of visitors to Palm Desert, boosting both TOT and sales tax based on visitor spending. The funds were approved in the FY 2023-24 budget, and will be applied with the following in mind: •Existing data on visitor spending highlights several high-value target markets such as Riverside County, San Francisco, and Seattle. The City is in the process of conducting a research project to refine that data and suggest which market might provide the most growth opportunity. •Once the market is identified, staff will work with Idea Peddler to craft a targeted media plan. •Of the total $150,000 budgeted for this project, $20,000 will be used to create the ads and cover administrative costs, while the balance ($130,000) represents direct pass- through costs for the media buy. •This pilot project will run concurrently with the City’s tourism marketing campaign. AMENDMENT NO. 1 COST BREAKDOWN FY 2022/23 FY 2023/24 Agency Professional Services 216,000 240,000 Media Buys 400,000 400,000 Qualitative Market Research 30,000 0 Travel Cost Reimbursement 24,000 0 Campaign Asset Refresh* 0 100,000 Economic Development Pilot Program (Revenue Growth)* 0 150,000 TOTAL CONTRACT AMOUNT 670,000 890,000 *One-time increase for FY 2023/24 FINANCIAL IMPACT: The total amount budgeted for the Fiscal Year 2023-2024 Marketing Plan is $890,000. Funds are available in Marketing Professional Services Account No. 1104417-4309000. This request creates no additional financial impact to the General Fund. 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. Contract No. C453390 2.Amendment No. 1 to Contract No. C453390 Item 1R-2 Item 1R-3 Item 1R-4 Item 1R-5 Item 1R-6 Item 1R-7 Item 1R-8 Item 1R-9 Item 1R-10 Item 1R-11 Item 1R-12 Item 1R-13 Item 1R-14 Item 1R-15 Item 1R-16 Item 1R-17 Item 1R-18 Item 1R-19 Item 1R-20 Item 1R-21 Item 1R-22 Item 1R-23 Item 1R-24 Item 1R-25 Item 1R-26 Item 1R-27 Item 1R-28 Contract No. C43390 Page 1 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 AMENDMENT NO. 1 TO THE MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER 1. Parties and Date. This Amendment No. 1 to the Marketing Services Agreement is made and entered into as of this thirteenth day of July, 2023, by and between the City of Palm Desert (“City”) and Idea Peddler, a Texas Limited Liability Corporation, with its principal place of business at 106 E 6th St, Ste. 900-937, Austin, TX 78701 (“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 “Marketing Services Agreement” dated June 23, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide marketing services. 2.2 Amendment. The City and Consultant desire to amend the Agreement to revise the Scope of Services and Compensation. 3. Terms. 3.1 3.3.D Substitution of Key Personnel is hereby amended in its entirety to read as follows: 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: Sara Martin, SVP Integrated Marketing, Blake Takushi, Creative Director or Ed Cohen, Strategy Director. 3.2 3.3.I Period of Performance is hereby amended in its entirety to read as follows: 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”). 3.3 3.5 Other Provision or Requirements The “Water Quality Management and Compliance” section of the Agreement is hereby deleted in its entirety. 3.4 3.7 Labor Code Requirements The “Prevailing Wages” and “Registration/DIR Compliance” sections of the Agreement are hereby deleted in their entirety. 3.5 3.6.A Compensation is hereby amended in its entirety to read as follows: Item 1R-29 Contract No. C43390 Page 2 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 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 Eight Hundred Ninety Thousand Dollars ($890,000) without written approval of the City Council or City Manager, as applicable. 3.6 3.6.B Payment of Compensation is hereby amended in its entirety to read as follows: Consultant shall submit to City monthly invoices which provide a detailed description of the Services rendered by Consultant. Consultant shall not invoice City for any milestones or deliverables until such milestones or deliverables have been completed in accordance with Exhibit “B.” 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. 3.7 3.7 Labor Code Requirements The “Prevailing Wages” and “Registration/DIR Compliance” sections of the Agreement are hereby deleted in their entirety. 3.8 3.9.A.1 Grounds for Termination is hereby amended in its entirety to read as follows: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and with cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. City understands that any additional work outside of the 60-day cancellation window to support a successful transition of work will require incremental compensation at a rate to be determined. 3.9 3.9.C.1 Documents & Data; Licensing of Intellectual Property is hereby amended in its entirety to read as follows: 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 Item 1R-30 Contract No. C43390 Page 3 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Provided that the City has paid in full for all milestones and deliverables, all Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.10 3.9.C.3 Right to Use is hereby amended in its entirety to read as follows: Provided that the City has paid in full for all milestones and deliverables, 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. 3.11 “Exhibit A” is hereby deleted in its entirety and replaced with “Exhibit A” attached hereto and incorporated herein by reference. 3.12 “Exhibit B” is hereby deleted in its entirety and replaced with “Exhibit A” attached hereto and incorporated herein by reference. 3.13 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit A” attached hereto and incorporated herein by reference. Item 1R-31 Contract No. C43390 Page 4 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 3.14 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.15 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.16 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.17 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together, shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Item 1R-32 Contract No. C43390 Page 5 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the MARKETING SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager ATTEST: By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney IDEA PEDDLER LIMITED LIABILITY CORPORATION By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1R-33 Contract No. C43390 Page 6 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT "A" SCOPE OF SERVICES The agency will assist the City in the following areas: strategy, creative services/branding, media planning, public relations, and social media. Each of these areas is outlined below. The City welcomes the agency as a partner to provide strategic counsel toward furthering the synergy of the City's ad campaign, the City's overall branding, and among owned media channels overseen by City staff, including the website, social media, and e-newsletter. The goal is to achieve across all channels (owned, earned, and paid) a cohesive brand that represents the City well and inspires people to spend time in Palm Desert, whether that be for an afternoon, a day, a week, or longer. 1. STRATEGY & ACCOUNT MANAGEMENT GOAL: Work closely with City Staff and the Marketing Committee to create a marketing and media strategy for each fiscal year that maximizes the existing budget to efficiently reach our target audiences and inspire travel to Palm Desert. SPECIFICS: • Annual Strategy – Engage in a workshop with City Staff to create an overarching strategic plan for each fiscal year. • Marketing Committee – Assist in planning Marketing Committee meetings, prepare informational updates for each committee meeting, and attend meetings via Zoom with in-person agency representation at a minimum of three meetings. 2. CREATIVE SERVICES & BRANDING GOAL: Keep the City's ad campaign fresh, compelling, and engaging while strengthening the City's overall brand through various channels and projects. SPECIFICS • Asset Development/Refresh - expand the City's library of usable marketing material, including photography and videography. Refresh and update both the “Find Your Happy Pace” campaign and the “Palm Desert Pocket Guide” content via two Photo Shoots. • Design Services for creative development of the ad campaign and Pocket Guide content as needed, including the City's annual calendar. • Ad mechanicals to produce the various iterations of ads as required by the media plan. 3. MEDIA PLANNING & BUYING GOAL: Create a comprehensive, creative, and strategic media plan that economically uses limited funds to reach a targeted audience with the City's ad campaign. SPECIFICS • Develop an annual budget that includes a comprehensive, strategic, and diversified media plan and account management that promotes Palm Desert to its target audiences Item 1R-34 Contract No. C43390 Page 7 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 in accordance with direction provided by the City. This media plan is to include both the City's tourism (out-of market) ad campaign and its in-market advertising for local community events. This media plan should demonstrate maximum spend efficiency and a clear ability to measure return on investment (ROI). • Negotiate, schedule, and maintain media buys in accordance with the approved media plan. Ensure that all work performed on behalf of the City of Palm Desert is billed to the City at net amounts. • Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials. • Evaluate all media proposals submitted to the City and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the City. • Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work. • Submit detailed invoices to include the projects and services worked on or completed, with supporting documentation for the previous month's activities. 4. PUBLIC RELATIONS/SOCIAL MEDIA GOAL: Create synergy with the paid ad campaign by promoting earned media placements and managing the City’s tourism Instagram account. SPECIFICS: Continue development of a strategy for earned media that fits into the media plan and capitalizes on City events and amenities, as well as on larger events that happen in the Coachella Valley, such as the BNP Tennis Tournament and the Coachella Music Festival. Explore hosting a Media Fam Trip related to 50th Anniversary. Item 1R-35 Contract No. C43390 Page 8 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT "B" SCHEDULE OF SERVICES 1. STRATEGY & ACCOUNT MANAGEMENT ($53,000) Billed as a monthly retainer across 12 months (July to June) 2. CREATIVE SERVICES & BRANDING ($190,000) A. Ad Campaign Creative Refresh Milestones a. Storyboard - $25,000 b. Photo Shoot Completion - $40,000 c. Shoot Recap - $35,000 B. Pocket Guide Creative Refresh Milestones a. Storyboard - $15,000 b. Content Capture Completion - $25,000 c. Capture Recap - $25,000 C. Ad Mechanicals Milestones and Deliverables a. Calendar i. Launch & Concept Approval - $2,500 ii. Final Product - $2,500 b. Ad Campaign Assets (two 30-second ads, four 15-second ads, ad sizing) - $4,000 c. Pocket Guide Videos Batch 1 (20 videos) - $3,000 d. Pocket Guide Videos Batch 2 (20 videos) - $3,000 e. Pocket Guide Videos Batch 3 (20 videos) - $3,000 f. Non-video paid media ads (estimated 6 sizes) - $5,000 g. Early-Season Ad (1 size) - $1,000 h. Late-Season Ad (1 size) - $1,000 3. MEDIA PLANNING & BUYING ($583,000) Media Management Services - $53,000 – Billed as a monthly retainer across 12 months. Working Media Investment/Media Buy - $530,000 – Pass-through expenditure 4. PUBLIC RELATIONS/SOCIAL MEDIA ($64,000) Public Relations billed as a monthly retainer across 12 months - $35,000 Social Media billed as a monthly retainer across 12 months - $29,000 Item 1R-36 Contract No. C43390 Exhibit “C” Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT "C" COMPENSATION Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit “B” to this Contract, which is attached hereto and incorporated herein by reference. Pass-through Expenditures – Consultant shall be reimbursed for pass-through media buy expenditures in an amount not to exceed five hundred thirty thousand dollars ($530,000). Renewal - 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. Item 1R-37 [This page has intentionally been left blank.] Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Niamh Ortega, Assistant City Clerk REQUEST: AUTHORIZE THE USE OF CITY FUNDS FOR MAYOR PRO TEM QUINTANILLA TO ATTEND THE LEADERSHIP COACHELLA VALLEY PROGRAM FROM SEPTEMBER 2023 THROUGH JUNE 2024 RECOMMENDATION: Authorize the use of City funds in the amount of $1,200 for Mayor Pro Tem Quintanilla to attend the 2023-2024 Leadership Coachella Valley program. BACKGROUND/ANALYSIS: Mayor Pro Tem Quintanilla has requested to attend the upcoming 10-month Leadership Coachella Valley (LCV) program. This program was not identified as a potential expenditure at the time of budget approval for FY2023/24; however, sufficient funds are available in the City Council’s local meeting account. LCV is described as a program designed to identify, motivate, and develop future community leaders. Once a month from September to June, participants attend an all-day seminar in which important community topics and issues are reviewed and discussed. Commitment to participating in LCV centers on involvement and participation, and attendance requirements must be fulfilled to graduate. Full program information can be found at www.leadershipcv.org. FINANCIAL IMPACT: The cost to attend LCV is $1,200 per person, which includes ten full-day sessions, lunches, refreshments, class materials, field trips, graduation dinner, and ceremony. Funds are available in the Fiscal Year 2023/2024 budget for Account No. 1104110-4312500. REVIEWED BY: City Clerk: Anthony J. Mejia Finance Director: Liberty Urban for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2024 RECOMMENDATION: Waive further reading and adopt a Resolution establishing dates for regular meetings of the Palm Desert City Council for the calendar year 2024. BACKGROUND/ANALYSIS: Palm Desert Municipal Code Section 2.36.020 authorizes the City Council to adopt a resolution to establish the dates and times for its regular meetings. Staff is seeking the City Council to confirm its meeting schedule so that staff may proceed with developing a schedule of public hearings related to redistricting for presentation at the August 24, 2023, meeting. Additionally, staff is seeking City Council approval to reschedule its meetings of February 9 and 23 to February 16, 2024, to accommodate staff’s attendance at the League of California Cities’ City Manager Conference on February 8-10, 2024. FINANCIAL IMPACT: There is no financial impact associated with the adoption of this resolution. REVIEWED BY: City Clerk: Anthony J. Mejia Finance Director: Liberty Urban for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENT: 1. Resolution w/ meeting schedule Item 1T-1 RESOLUTION NO. 2023-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2024 WHEREAS, pursuant to Palm Desert Municipal Code Section 2.36.020, the City Council regular meetings are generally held on the second and fourth Thursday of each month, except as otherwise set by City Council resolution; and WHEREAS, the City Council desires to confirm its meeting schedule for 2024 as the second and fourth Thursday of each month unless otherwise rescheduled or canceled. 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. Regular meetings of the City Council shall be held in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California, on the second and fourth Thursday of each month at the hour of 4:00 p.m. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting of the City Council. SECTION 3. Regular meetings of the City Council acting as the governing boards of the successor agency, housing authority, and/or financing authority, shall be held in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California, concurrently with the regular City Council meeting. SECTION 4. Closed sessions of the City Council and/or the governing boards as provided in this Resolution may be conducted prior to the 4:00 p.m. business portion of regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed. If necessary, closed sessions not completed prior to the business portion of the meeting may be considered at the conclusion of the business portion of the meeting or as otherwise determined by the City Council. SECTION 5. The City Council has canceled and/or rescheduled certain meetings as outlined in Exhibit A. SECTION 6. The Presiding Officer is hereby given authority to take up items on the agenda in the order deemed most appropriate in consideration of public interest and/or time constraints. Item 1T-2 RESOLUTION NO. 2023-_____ 2 ADOPTED ON ______, 2023. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 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 _____, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ________________, 2023. ANTHONY J. MEJIA CITY CLERK Item 1T-3 RESOLUTION NO. 2023-_____ 3 EXHIBIT “A” City of Palm Desert 2024 City Council Meetings Dates The City Council meetings are typically held on the second and fourth Thursday of each month at 4:00 p.m. in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California. This schedule is subject to change. CURRENT MEETING DATES PROPOSED MEETING DATES Thursday, January 11, 2024 Thursday, January 25, 2024 Thursday, February 8, 2024 Reschedule to Thursday, February 15, 2024 Thursday, February 22, 2024 Cancel Thursday, March 14, 2024 Thursday, March 28, 2024 Thursday, April 11, 2024 Thursday, April 25, 2024 Thursday, May 9, 2024 Thursday, May 23, 2024 Thursday, June 13, 2024 Thursday, June 27, 2024 Thursday, July 11, 2024 Thursday, July 25, 2024 Cancel (Summer Recess) Thursday, August 8, 2024 Cancel (Summer Recess) Thursday, August 22, 2024 Thursday, September 12, 2024 Thursday, September 26, 2024 Thursday, October 10, 2024 Thursday, October 24, 2024 Thursday, November 7, 2024 Reschedule to Thursday, November 14, 2024 Thursday, November 21, 2024 Cancel Thursday, December 12, 2024 Thursday, December 26, 2024 Cancel Thursday, January 9, 2025 Approved by the City Council on __/__/2023 Item 1T-4 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: AWARD CONTRACT TO PALM SPRINGS LIFE / DESERT PUBLICATIONS, INC. TO PRODUCE PALM DESERT’S 50TH ANNIVERSARY CELEBRATION RECOMMENDATION: 1. Approve Contract with Palm Springs Life/Desert Publications, Inc., in the amount of $350,000 to produce Palm Desert’s 50th Anniversary Celebration scheduled for November 18, 2023. 2. Authorize staff to finalize negotiations of the Contract. 3. Authorize the City Manager to execute Contract, subject to the satisfaction of the City Attorney. 4. Authorize Director of Finance to appropriate $270,000 to Account No. 1104800-4306101, from available General Fund Reserves. BACKGROUND/ANALYSIS: In honor of Palm Desert’s incorporation in 1973, a 50th anniversary celebration is planned at the Palm Desert Civic Center on Saturday, November 18, 2023. On March 9, 2023, the City Council adopted a resolution establishing the 2023 City Council Goals which included creation of an Ad Hoc Council Subcommittee comprised of Mayor Kelly and Councilmember Harnik (Events Subcommittee) to work with City staff to develop and identify opportunities to enhance and market existing and new City-sponsored events. On March 21, 2023, the Events Subcommittee met to discuss the 50th Anniversary Celebration and staff was instructed to seek a consultant to produce the event. Upon release of a Request for Information (RFI) seeking consultant services to produce Palm Desert’s 50th Anniversary Celebration, the City received nine (9) complete RFIs from the following companies: Consultant Location Level5 Events by The Expo Group Irving, TX Momentous Palm Springs, CA NVS Strategic Solutions, Inc. Deland, FL Palm Springs Life/Desert Publications, Inc. Palm Springs, CA POP Experiential, Inc. Woodland Hills, CA Precon Events, Inc. Los Osos, California Silhouette Group Venice, CA Soundskilz Temecula, CA Take Five Entertainment, LLC Palm Springs, CA Those RFIs were narrowed down to three (3) consultants that staff considered the most qualified to move forward to the next steps in the process which were 1) an interview to discuss the event Item 2A-1 City of Palm Desert Award Contract to Palm Springs Life/Desert Publications, Inc. to Produce Palm Desert’s 50th Anniversary Celebration Page 2 of 3 in more detail; and 2) a request to submit a proposal. In an effort to contain costs, Staff suggested that proposals begin at the $100,000 level and increase to the $200,000 range proposing various options. Listed below are the proposal amounts received: Consultant Proposal Amount Momentous $374,125 - $754,687.50 Palm Springs Life/Desert Publications, Inc. $335,050 Soundskilz $100,000 - $250,000 Upon review of submitted proposals with the Events Subcommittee on June 26, 2023, staff and the subcommittee are recommending award of contract to Palm Springs Life/Desert Publications, Inc. (PSL) to produce this monumental event on behalf of the City. PSL’s proposal outlined several proposed activations including: Storytelling: Showcasing the city's history through tell boards using a combination of archival and contemporary photography. The public (individuals and businesses) would be invited to participate by sharing content that will demonstrate the city's rich history. Music: A concert for all ages featuring three (3) to four (4) touring bands, including an upbeat dance band, country artist and ending the night with classic rock headliner and Palm Desert resident, Mickey Thomas of Jefferson Starship. Art: An interactive experience which includes performance artists, a 360-degree photobooth, projection mapping or drown show. Kids: Games and activities for kids of all ages including arts and crafts, active play, and exploration. Food & Drink: Premium food trucks and The Taste of Palm Desert offering a wide variety of options for everyone and, a dedicated beer and wine garden throughout the venue. An additional element of the proposal includes utilizing their already established relationships for sponsorships and participation with organizations such as the Historical Society of Palm Desert, the McCallum Theatre, The Living Desert Zoo and Gardens, Acrisure Arena, Coachella Valley Firebirds, College of the Desert, Cal State San Bernardino - Palm Desert Campus, Renova Energy, Shadow Mountain Golf Club, and various Palm Desert based businesses, non- profit organizations, and restaurants. In addition to producing the event, PSL plans to leverage media partners and assist with marketing and promotion to hopefully reach attendance levels in the area of 7,500 – 10,000. Further, they have committed to publishing a two (2) to four (4) page editorial in the November issue of Palm Springs Life magazine. Staff plans to return in September to request the City Council’s approval of municipal code waivers for park use related to the event. In the interim, the event will be marketed on social Item 2A-2 City of Palm Desert Award Contract to Palm Springs Life/Desert Publications, Inc. to Produce Palm Desert’s 50th Anniversary Celebration Page 3 of 3 media and various other channels and the City Council will be kept apprised of progress and details in the Weekly Administrative Report. Strategic Plan: −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. Committee Recommendation: On June 26, 2023, the Events Subcommittee reviewed RFIs and proposals for the production of the Palm Desert’s 50th Anniversary Celebration. The Subcommittee is recommending award of contract to PSL for Palm Desert’s 50th Anniversary Celebration in the amount of $350,000 to produce the event. While this amount is higher than what staff had originally budgeted for the event, the Events Subcommittee believed that PSL’s proposal contained realistic costs to produce an event of this magnitude to celebrate this monumental anniversary. FINANCIAL IMPACT: While PSL submitted a proposal for $335,050, staff is recommending award of contract for $350,000 for additional expenditures related to shuttle service that may be required as a result of anticipated attendance. The City Council approved $80,000 for this event as part of the FY 2023/24 budget. Therefore, an appropriation in the amount of $270,000 to account number 1104800-4306101, from available General Fund Reserves is necessary. Staff does not anticipate additional costs associated with this event given that trash and recycling will be included as part of the respective Burrtec. If staff finds that an appropriation for additional law enforcement costs is required, this will be requested along with approval of waiver of PDMC for park use at a later date. REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Momentous RFI and Proposal 2.PSL RFI and Proposal 3. Soundskilz RFI and Proposal Item 2A-3 PRODUCERS OF EVENTS + EXPERIENCES 777 E. Tahquitz Canyon Way, Suite 200 Palm Springs, CA 92262 760.273.5050 GoMomentous.com This document contains proprietary and confidential materials and may not be duplicated, used, or disclosed in whole or in part for any purpose other than as authorized by MOMENTOUS. Item 2A-4 June 2, 2023 Shelby Goodwin, Special Events Coordinator Richard Trupiano, Procurement CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Ms. Goodwin and Mr. Trupiano, Thank you for affording MOMENTOUS the opportunity to propose our strategic event services to the CITY OF PALM DESERT for your upcoming 50th Anniversary Celebration to be held on Saturday, November 18, 2023. The following pages outline information as requested in your RFI and details ways in which we may successfully partner to deliver a memorable, elevated, fun, safe and exciting event experience for the city and the community. MOMENTOUS is based in the Coachella Valley and has been producing events locally since 2013. We work with many established and notable organizations in the valley to produce their most important and visible events. Our current roster of clients can be seen in their entirety on our website at GoMomentous.com where you may preview case studies, photos and videos of our highly regarded work. Thank you for the great opportunity to be considered. I look forward to speaking with you or representatives from your team soon. Kindest regards, Frank Goldstin President MOMENTOUS Producers of Events + Experiences Frank@GoMomentous.com | 760.273.5050 | 760.363.0900 Cell Page 2Item 2A-5 Based on your overall needs and direction as shared in your RFI, MOMENTOUS’ approach and services for you will include: MOMENTOUS | SCOPE OF WORK •Event Management, Design and Production •Marketing and Promotion •Sponsorship Advisory •Audio/Visual Production and Staging •Event Layout and Décor •Event Budget Development and Financial Management •Procurement, Contracting and Payments of Entertainment, Event Vendors, Food and Beverage, Event Rentals and Equipment •Coordination and Contracting for Street Closures •Coordination and Payment for all Permits •Signage Program •Event Staffing for On-Site Event Management •Trash and Recycling Coordination with City •Restroom Coordination in Conjunction with the City •Cultivation and Management of Media and Sponsorships as Appropriate •Brand Development Including Graphic Design for all Event Collateral and Fabrication as Needed •Coordination and Purchase of Event Collateral •Ambient Lighting as Needed Page 3Item 2A-6 SCOPE OF SERVICES MOMENTOUS will Provide to the City of Palm Desert: •Experienced Team Leads Serving as Point Personnel to Work with City Staff •Work with City Staff to Garner Timely Approvals on all Aspects of the Event •Attend Meetings as Needed with City’s Event Team for Overall Coordination of Event •On-Site Management Including Set-Up and Clean Up/Load Out •Provide Comprehensive Planning and Financial Management for all Aspects of the Event Including Sponsorship Advisory EXPERIENCE AND TECHNICAL COMPETENCE Frank Goldstin is the president of MOMENTOUS, one of the Coachella Valley’s premier event marketing and production firms specializing in the creation of high-level, multidimensional events including live, virtual, hybrid, and televised experiences. For over 30 years, the MOMENTOUS team has been the creative force behind a diverse portfolio of events including strategic corporate events and brand experiences, live and televised gala fundraisers, festivals and large-scale community-based events, elaborate entertainment and show concepts, and custom celebrations. We are established experts at bringing our clients’ visions to life through the delivery of unparalleled creative concepts, integrated solutions, creative services, elevated event design, advanced technical production, entertainment production, and total project management; all seamlessly combined to deliver memorable and immersive event experiences. As a leader in the Coachella Valley event production market for the last ten years, we have a solid understanding of the scope of services required and deliver these on a daily basis for a myriad of high profile and discerning clients. If selected as the City of Palm Desert’s event producing partner, we feel confident that we would deliver the knowledge and expertise required for the expert delivery of this event experience and, in partnership, provide an unparalleled experience for the community. Page 4Item 2A-7 STRATEGIC EVENT SERVICES INCLUDE: • Event Strategy + Creative • Event Management + Production (Logistics) • Event Marketing + Communications • Financial Management • Development + Sponsorship Advisory • Experiential Event Design, Decor and Environments • Advanced Technical Production (Staging, Sound, Lighting, Video and Effects) • Advanced Pre-Production Including Production Schedules, Run of Show, Scripting • Event Registration Tools and Guest Management, as Needed • Creative Services Including Graphic Design, Pre- and Post-production Video, Photography, Web Design • World Class Entertainment (Including Name and Headline Talent Buys and the Full Production Thereof) Examples of our work may be seen on our website at GoMomentous.com. FIRM STAFFING AND SUBCONTRACTORS MOMENTOUS provides a comprehensive team approach to ensure the success of the entire event production. This includes: Two (2) Project Leads — Serving as Executive Producers Liaising with our Team of: Graphic Designer Technical Director Production Manager Stage Manager(s) We will provide additional staffing as needed and all of the above are in-house at MOMENTOUS. Page 5Item 2A-8 PROPOSED METHOD TO ACCOMPLISH WORK Our proposed method to ensure all deliverables are met is as follows: Should MOMENTOUS be selected as the event producing partner, we would lead a comprehensive kickoff meeting to clearly define all aspects of the event to include areas such as event timing, run of show, potential guest experiences, food and beverage, entertainment and any ceremonial aspects. We would define and deploy a working schedule that leads up to the event date to ensure all planning milestones are met. In subsequent meetings, we would further provide: Event Creative Working Financials Creative Services and Design Aspects Event Design and Layout Entertainment (Musical, Atmospheric, Interactive) Overall Event Management and Logistics EVENT DESIGN We create the look and feel of the overall event and provide intrinsic value through “wow factor.” We create the moments that sponsors, eventgoers, the general public and the media recognize and assign great value to. Our events look, feel, and run with an elevated seamlessness and it’s absolutely noted by all that attend. Page 6Item 2A-9 ADVANCED TECHNICAL PRODUCTION We are in the business of producing business theater and live communications. Our events have a feel that’s free from awkward breaks and empty spaces. This is achieved by working with our own internal team of professional sound, lighting, and video engineers, show director, and stage managers, utilizing the finest equipment and applying our advanced technical talents to every production. Our goal is that, when you are on stage in front of your audience, you are showcased at your very finest, with all the technicalities addressed so that your presentations are delivered with precision. This includes the provision of professional sound, lighting, video, screens, prompters, scenic, decorative and stage lighting, development of scripting and run of show and all show technical personnel, music and show graphics. This also includes the run of executive rehearsals for leadership that will appear on stage. We fully provision items such as staging, rigging and power that will be required for this type of event as well. WORLD CLASS ENTERTAINMENT Through our many industry contacts and working directly with artist agents and management, we buy talent direct, structure deal memos and contracts to your benefit, negotiate all performance and technical agreements and put on a show for you like no other. We have spent years producing headline acts and are thrilled to be able provide you with name entertainment, and the management thereof, for your event. In addition to performance fees, we handle and provide all the technical aspects which include backline, rider requirements and talent hospitality needs. We also negotiate and arrange for special concessions such as VIP greets with artist(s) and arranging for press opportunities for artist(s) which also helps to promote your event. FINANCIAL MANAGEMENT For every event MOMENTOUS produces, we build and maintain a detailed financial plan. We ensure that our clients are aware of the funds required to provision their plans in their entirety. We deliver these on time, with precision and within budget. If a budget incurs fluctuation and it’s within our contracted deliverables, Page 7Item 2A-10 we make sure you are aware of the change far ahead of time and have your advance approval to make that change and to incur that additional expense. We will work with you to develop your event budget and financials so that you are correctly financed and with realistic financial parameters for all aspects of your spend to achieve your plans. TARGETED MEDIA AND MEDIA PARTNERSHIPS We work with local network affiliates as well as local and national cable networks to bring the power of television to our clients. Whether it’s the formation of a televised event, a series of commercials designed to saturate a market and promote visibility, a media partnership, or a television special unto its own, we work with you to create opportunities in television that allow your organization to garner incredible reach outside four walls. EVENT MARKETING PLAN We will design a calendared marketing plan that includes press releases, strategic social media posts, e-blasts and forged media partnerships to present the event to the community. VALUE ADDS Our experience. 35 years of producing high level and strategic events. MOMENTOUS is based here in the Coachella Valley full time and available to our clients 24/7/365. We lead the local event landscape and have served for multiple years as the event agency of record for many highly visible organizations producing their most important events. Our events are highly regarded in the community, and we are known for delivering seamless and exciting event productions and for providing sound and strategic client counsel with consummate professionalism, and proven experience. Page 8Item 2A-11 VENDOR QUESTIONNAIRE INSURANCE REQUIREMENTS MOMENTOUS maintains comprehensive insurance coverage including General Liability, Professional Liability (E&O) and Workers Comp coverage. We would work with the City of Palm Desert to ensure that our insurance coverage meets with your insurance and indemnification requirements. AGENCY FEE STRUCTURE MOMENTOUS works with standard agency fees of (25%) of the overall event total with a $25,000 fee minimum. Flat fees may be structured depending on overall financial parameters of a given project once financials have been established. TYPE OF BUSINESS MOMENTOUS is a sole proprietor and individually owned entity registered in Riverside County, California. LITIGATION MOMENTOUS and its ownership have no claims by or against the firm related to the provision of its services in the present or at any time in its past. CITY OF PALM DESERT RIGHTS AND OPTIONS We agree and acknowledge the City of Palm Desert’s rights and options as it pertains to this RFI and the given project. Page 9Item 2A-12 CLIENT REFERENCE: THE LIVING DESERT – ZOOBILEE GALA Jan Hawkins, Leadership Gifts and Legacy Giving | JHawkins@LivingDesert.org | 760.333.8153 Page 10Item 2A-13 MOMENTOUS has been the producing partner of the Zoobilee Gala since 2015. This highly regarded gala event features a format that includes a cocktail reception with silent auction, plated dinner, live auction, paddle raise, and entertainment. The production is highly advanced as it is usually staged in the round. This elevated event draws a high-profile audience and raises well over $1MM annually. 2023 Zoobilee Gala | 2022 Zoobilee Gala | 2020 Zoobilee Gala PACKAGE #1: REBA MCENTIRE AT ACRISURE ARENAThe newest venue in the desert opens its doors to you and three friends with premier suite tickets and a parking pass to see the amazing Reba McEntire on March 31. Includes a 2-night stay at Hotel Paseo and dinner at Cuistot before you dance the night away to some of your favorite Reba tunes! Value: $2,500 PACKAGE #2: CAROUSEL PARTY FOR 20This fun-tastic party features bubbles and bites by Carousel Catering at Marilyn’s Merry-Go- Round in the park. Includes carousel rides, and special animal encounters with some favorite friends including Mr. Prickles the porcupine or Garbanzo Bean the 3-banded armadillo. Value: $3,000 PACKAGE #3: WINE PAIRING DINNER FOR 10 AT DC HOUSEEnjoy an exclusive evening with The Living Desert’s Executive Chef Tim Weafer as he presents a four-course dinner paired with delicious wines from around the world. Chef will walk you through each carefully selected pairing while you admire our endangered Amur Leopard Zoya from only a glass pane away. Value: $3,500 PACKAGE #4: YOUR CAR AWAITS: VALET VIPYour vehicle will be waiting for you in front of Grundhofer Plaza when you are ready to depart the gala!  No waiting, no hurrying to beat the rush. Stay as long as you’d like and enjoy dancing and visiting with friends, knowing your vehicle will be ready when you are. Value: Priceless PACKAGE #5: LIVING DESERT SAFARI WITH ALLENYour choice of either a champagne brunch or afternoon cocktails along with a private safari at the zoo led by President & CEO Allen Monroe. Feed a giraffe, brush a rhino, and get nose to nose with a wallaby for a day you’ll never forget. Value: Priceless PACKAGE #6: TOSCANA WINE CELLAR DINNER FOR 20 GUESTSToscana’s intimate wine cellar along with its sumptuous cuisine and wine collection all add up to a very special dining experience. Enjoy a four-course dinner with wine pairings created just for you. It’s an evening you and your guests will never forget. Special conditions apply. Value: $5,000 PACKAGE #7: EXPERIENCE BALIA trip of a lifetime! Head to beautiful Bali for a 7-night stay for 2-3 people at the Golden Buddha Resort including breakfast daily plus round-trip air transfer, a special dinner for (2), a diving or snorkeling excursion accompanied by a master diver for (2) and (2) full body massages. Value: $3,200 PACKAGES #8 & #9: THE BEST OF PALM DESERTEnjoy some of the best Palm Desert has to offer with these exceptional shopping, dining, entertainment, and stay-cation packages. See Riverdance at the McCallum Theatre, dine out at Mitch’s, or shop at the brand new Tommy Bahama Home store plus much more. Certain restrictions and conditions apply. Value: $3,800 each PACKAGE #10: THE ULTIMATE ADVENTURERThis package includes four amazing adventures. Ride the racetrack at the BMW Performance Center. Jump in a jeep for a tour along the San Andreas Fault. Take flight in a historic Douglas C-47 Skytrain. Enjoy a romantic hot air balloon ride and admire our stunning valley from above. Value: $1,858 PACKAGE #11: BIRTHDAY LUNCHEON FOR 12 AT DC HOUSE Meet your private golf cart at the park entrance and then head to a private rhino encounter. Next, it’s off to a buffet lunch at the DC House including cake, champagne and a special view of Zoya, the endangered Amur Leopard. A guided golf cart tour of the park completes your special celebration. Value: $2,000 PACKAGE #12: THE BIG DIAMOND REVEAL Your choice of one of three stunning diamond creations along with an exclusive cocktail party at El Paseo Jewelers catered by Il Corso. Guests will receive a $1,000 gift certificate to select a dazzling item of their own. Expires March 4, 2024. Value: $30,000 CELEBRATING 30 YEARS OF ZOOBILEE SATURDAY MARCH 4, 2023CELEBRATING 30 YEARS OF ZOOBILEE SATURDAY MARCH 4, 2023 Page 11Item 2A-14 CLIENT REFERENCE: MODERNISM WEEK OPENING NIGHT Lisa Vossler-Smith, Chief Executive Officer | Lisa@ModernismWeek.com | 760.578.5556 Page 12Item 2A-15 MOMENTOUS has been the producing partner to the illustrious Modernism Week team to produce their signature Opening Night event experience since 2016. Having staged this event in venues such as the iconic Indian Canyons Golf Resort as well as the Palm Springs Air Museum, this sold out evening of 750+ guests included a multi-leveled experience featuring a cocktail reception with branded, multisensory entertainment and experiential activations. Strategic event services provided included advanced site logistics, atmospheric and musical entertainment, branded décor and design, advanced technical production, and overall event management and production of the event. 2023 Modernism Opening Night | 2022 Modernism Opening Night | 2020 Modernisim Opening Night Page 13Item 2A-16 CLIENT REFERENCE: PALM SPRINGS ART MUSEUM Michael Hinkle, Associate Director of Advancement | mhinkle@psmuseum.org | 760.989.2212 Page 14Item 2A-17 101 Museum Drive Palm Springs, CA 92262 psmuseum.org (760) 322-4800 art party 2023 presenting Jane Emison & Mike Tierney doubleplatinum Craig Hartzman & James John The Kovler Family Foundation The Malkin Family platinum Rebecca Benaroya Richard M. Cain & Steven A. Brown L.J. Cella Mary Ingebrand-Pohlad Lisa & Phillip K. Smith III Becky & Phillip K. Smith Jr. gold Christine Cross Helene Galen & Jamie Kabler Larry Ginsberg & Robert Levine Roberta Holland Vicki & Bill Hood Robert Kohl & Clark Pellett Patsy & David Marino Barry & Candice Morse Phyllis & Gary Schahet Linda Usher & Malcolm Lambe silver Berger Family Foundation Marcy & Leo Edelstein Jessica & Gary Grace Amy Dragland Johnson & Bo Johnson Tom Minder & Duke Kulas Pam & Jim Muzzy Diane Rubin & Lenny Eber William D. Rutherford & Joan Robertson Lamb John Sacchi & Stephen Simoni Pamela Schmider Leslie & Dr. Barry Usow art party 2023 thank you to our sponsors Co-Chairs Sally Kovler, Katherine Malkin, and Leslie Usow request the pleasure of your company on SATURDAY, JANUARY 28, 2023PALM SPRINGS ART MUSEUM Honoree Phillip K. Smith III COCKTAIL ATTIRE 6:00 pm Cocktails and Hors d’oeuvres 7:30 pm Dinner 9:00 pm After Party Tickets available at artparty2023.com Event Design & Production By Artist Phillip K. Smith III uses light as a medium to create optically shifting sculptures and site-specific installations. His minimal but imposing interventions into vast outdoor landscapes or his more discreetly scaled sculptures are nuanced perceptual encounters in response to the unique conditions of site, context, and materiality. Trained as an artist and an architect at the Rhode Island School of Design, he lives and works in the Southern California desert where the beauty and daily light phenomena are constant sources of inspiration for him. He is known for creating large-scale temporary installations such as Lucid Stead in Joshua Tree, Reflection Field and Portals at the Coachella Valley Music and Arts Festival, The Circle of Land and Sky at the inaugural 2017 Desert X exhibition, and Open Sky in Milan, Italy for the 2018 Salone Del Mobile. His permanent public works are sited in Los Angeles, Detroit, Kansas City, Oklahoma City, Nashville and beyond. He’s currently working on permanent outdoor works in La Jolla, Scottsdale and Bellevue, WA, a number of private commissions, and has solo exhibitions on view at the Scottsdale MOCA and Palm Springs Art Museum. Photographs by Lance Gerber 2023 Art Party Honoree Phillip K. Smith III Sponsors as of 11/29/2022 MOMENTOUS had the great pleasure of partnering with Palm Springs Art Museum to produce Art Party 2023, their signature fundraising gala experience. Staged within the iconic museum itself, this sold out evening of 400 guests included a multi-leveled experience featuring a cocktail reception with presentation, dinner and after-party. Strategic event services provided included advanced site logistics, entertainment, marketing communications and collateral, sponsorship advisory and development, décor and design, advanced technical production, and overall event management and production of the event raising $1MM annually. 2023 Art Party Page 15Item 2A-18 CLIENT REFERENCE: OLD TOWN ARTISAN STUDIOS Katie Thornton, Director of Development | Katie@oldtownartisanstudios.org | 760.777.1444 Page 16Item 2A-19 COLORTHE WORLD GALA 2023 ARTISAN Non-profit 501(c)(3)OLD TOWNSTUDIOSMOMENTOUS had the great pleasure of partnering with OTAS to produce their Color The World Gala. Staged within the grand ballroom of the Omni Rancho Las Palmas Hotel, and having not had a signature fundraising event in the past seven years, this sold out evening of 450 guests included dinner, awards, live auction and a full concert with dancing to The Boys of December ‘63. Strategic event services provided included advanced site logistics, entertainment, marketing communications and collateral, sponsorship advisory and development, décor and design, advanced technical production, and overall event management and production of the event raising over $500K+. 2023 Color the World Gala Page 17Item 2A-20 Page 18 CLIENT REFERENCE: UNITED WAY OF THE DESERT GALA Kristal Granados, CEO | Kristal@UWDesert.org | 760.898.8781 Item 2A-21 Page 19 MOMENTOUS has been the producing partner of this event since 2018. This beloved gala hosts 400 guests and features a format that includes a cocktail reception with silent auction, plated dinner reception, live auction, paddle raise, and entertainment. The event is technically advanced, and funds raised by the gala exceed $400K. 2022 United Way of the Desert 2019 United Way of the Desert Item 2A-22 Item 2A-23 Item 2A-24 Item 2A-25 Item 2A-26 Item 2A-27 Item 2A-28 Item 2A-29 Item 2A-30 Item 2A-31 Item 2A-32 Item 2A-33 Item 2A-34 Item 2A-35 Item 2A-36 Item 2A-37 Item 2A-38 Item 2A-39 Item 2A-40 RFI RESPONSE RFI #2023-RFI-190 City of Palm Desert 50th Anniversary Celebration - Event Producer for the City of Palm Desert, CA. (877) 357-5459 ***.soundskilz.com of 1 32 Item 2A-41 4. VENDOR QUESTIONNAIRE 2. INDEMNIFICATION Consultant shall be responsible for all damages to persons or property that occur as a result of consultant’s or its officers, agents, employees, and/or servants' negligence in connection with consultant’s participation in the event. Further, consultant shall indemnify and save harmless the City of Palm Desert, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the fault or negligence of consultant, its officers, agents, employees, and/or servants in connection with the event. - Yes - *Response required 4.2. Fee Structure* Soundskilz provides a simple fee structure of a blended agency rate plus bonuses based on success markers that are all incorporated into the event budget. *Response required 4.3. Type of Business* ☐S Corporation *Response required 4.4. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type “N/A"). N/A *Response required 4.5. City of Palm Desert Rights and Options* This Request for Information (RFI) does not commit the City of Palm Desert to award a contract, to pay any cost incurred with the preparation of a proposal, or to procure or contract for services described herein. The City of Palm Desert reserves the right to accept or reject any or all proposals received in response to this RFI, to negotiate with any qualified source, or to cancel in whole or in part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their proposals. All respondents should note that any contract pursuant to this solicitation is dependent upon the recommendation of the Palm Desert City Council. The City reserves the right to postpone selection for its own convenience, to withdraw this RFI at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFI process, the City of Palm Desert reserves the right to remedy technical errors in response to the RFI and to modify the published scope of of 2 32 Item 2A-42 services and scope of work. The City of Palm Desert will reserve the right to request that specific personnel with specific expertise be added to the team if the City determines that specific expertise is lacking in the project team. Proposals submitted in response to the RFI will not be returned. ☐CONFIRMED of 3 32 Item 2A-43 2. TABLE OF CONTENTS Vendor Quesionnaire …………………... 2 Cover Letter …………..…………………………………5 Firm Overview …………………………………………..7 Experience Organization Chart & Staff Biographies ……10 Responses to Evaluation Criteria ………………………..13 Local / Current Government Project References…………15 Project Description-Design-Budget ………………………17 Project Management/Approach …………………………..19 Additional Event Deliverables ………………….…………21 Public Safety ………………………….………………….22 Agency Fee Discussion …………………………………..27 Project Team & Contractors ……………………………...28 Time Frame ……………………………………………….29 Executive Summary……………………………………….30 References Duplicate ….…………………………………31 of 4 32 Item 2A-44 3. COVER LETTER OF TRANSMITTAL May 28, 2023 Dear City of Palm Desert, On behalf of Soundskilz, Inc I hereby submit this cover letter confirmation pursuant to the requirements of RFI 2023-RFI-190. We have thoroughly read and reviewed the RFI and certify that we understand the Scope of Work and requirements therein. Soundskilz is a group of senior event production gurus with over 75 years of combined large scale event design, production and management experience around the globe. Established in 2000, Soundskilz boasts a wide range of capabilities, directly relevant experience and strategic relationships which we feel uniquely qualifies us to design and execute the desired event program in Palm Desert. Our range of services and experience include: •event design and production management •marketing, promotion and public relations for ticketed and public events •indoor/outdoor AV design, rental, and technical production for small-to-arena scale venues •box office, ticketing and revenue management •event budgeting, accounting and auditing •event staffing; site plan engineering •artist/talent relations, contracts and booking •sponsor procurement and management •retail and F&B vendor management •on-premise alcohol & hospitality services •traffic planning and road/highway closures •Police/Fire/EMT services and Emergency Action Plan development •…and more. Our Riverside County based team is composed of industry leaders who have executed world class events across music, film, fashion, art, sports and cultural gatherings in 17 countries and 23 different states. We have worked with a wide range of clients throughout our 20+ years of experience, including municipal, state and federal government entities; major media outlets; NGOs; state fairs and fairgrounds/DAAs; Fortune 100 brands; LGBTQ and ethnic cultural organizations; corporate retreats & summits; global film & music festivals; fashion weeks; fun runs; political campaign events and more. We have extensive experience producing multi-day events up to 30+ days in duration. Based in Temecula, CA, we travel all over the USA, Canada, Mexico and the EU for our clients. There is truly no event that is outside of our scope or capabilities. of 5 32 Item 2A-45 We have refined our approach to working with municipal agencies, over the past 10 years. Each engagement set’s out a different framework, goals and objectives. We have found great success in our methodology and approach. 1. Conduct a review of prior similar event executions and informal surveys interviews with previous vendors, sponsors, City stakeholders, local Chamber and Tourism entities, etc. 2. Understanding of local tourism trends 3. Creation of event budget in conjunction with the event layout 4. Develop and review any and all vendor / event rules & regulations, 5. Analyze existing City-owned digital/online assets, and with our in-house digital agency team integrate official event sites and social channels (and/or create new channels for same) 6. Coordinate with City to identify all appropriate City-owned advertising and sponsorship assets and clear them for usage 7. Develop high quality print and digital sponsorship presentations and event-specific advertising materials to promote the event alongside City advertising campaigns. 8. Develop service-specific RFPs and conduct competitive bid processes for best-in-class vendors 9. Develop new and/or expanded integrated marketing and PR campaigns to simultaneously promote the event and the City 10. Manage the ongoing planning and fulfillment of the event requirements up through the actual event date and post-event recap period. 11. Provide the City with a full post-event review, best practices report, media/PR recap with clips/content/statistics and recommendations for future years and best practices. In summary, we believe our track record and municipal experience is uniquely matched to the needs of the Palm Deserts 50th anniversary opportunity. If awarded this contract, we pledge our commitment to deliver amazing results on behalf of the City with full transparency, accountability and dedication to excellence, and in accordance with the terms and conditions set forth in the resulting Agreement. STATEMENT OF AUTHORIZATION I, Steve Clayton, as President of Soundskilz, Inc, am authorized to make the representations contained herein and throughout the attached proposal on behalf of the Company. I am further so authorized as the sole shareholder of the Company and its President to bind the Company to contract with the City if we are awarded the contract. I appreciate your consideration of this proposal and look forward to serving you. Sincerely, Stephen Clayton, President 951.712.9709 / 877.357.5459 sclayton@soundskilz.com of 6 32 Item 2A-46 4. FIRM OVERVIEW A. Firm Specializations Soundskilz is a full-service entertainment marketing and event production agency. Our primary business is broken in to three areas: •Production of cultural and music festivals under contract to municipal clients and private entities •Rental of professional stage, lighting and sound equipment to large scale events •Development of original IP-based owned & operated events and festivals Our range of services & skills include but are not limited to: •Concept, Design and Production Management for events up to 500,000 attendees •AV Design, Rental, and Technical Production for small-to-arena scale indoor and outdoor venues; •Site Plan Engineering for large-scale indoor and outdoor mixed-purpose venues •Event Budgeting, Accounting and Auditing for up to $10mm+ event budgets •Box Office, Ticketing and Revenue Management for multiple simultaneous shows •Event & Volunteer Staffing and Management for up to 300+ person event teams •Marketing, Promotion and Public Relations on a regional and national scale •Sponsor and Vendor Recruitment, Onboarding and Management •F&B Management for Hospitality services covering tens of thousands of event attendees daily •Parade and Carnival event planning including multi-acre sites and multi-mile civic parade routes •Event Safety Planning and Emergency Action Plans for public scale events B. Firm Structure Soundskilz, Inc. – a registered California Corporation Founded: 2000 (sole proprietor), incorporated 2006 (stock corporation) Headquarters: Temecula, CA of 7 32 Item 2A-47 Satellite Offices / Executive Locations: New Braunfels, TX | Park City, UT | Washington, DC | Scottsdale, AZ | Atlanta, GA | Miami Beach, FL Staff: 10 full-time employees, 40 part-time employees Billings: ~$10mm annually D-U-N-S Number: 835679353 Ownership: Single Shareholder, 100% Steve Clayton 39444 Calle Portillo Temecula, CA 92592 (951) 712-9709 C. Financial Capabilities & Resources Soundskilz Inc has been in continuous operation and “good standing” in the State of California since its inception. Neither the firm nor its principals have ever filed for bankruptcy protection in any jurisdiction. The Company owns real property, assets & inventory in excess of $2mm. This includes a multi-million-dollar inventory of staging, sound & lighting equipment for execution of its live events and for a robust ancillary rental division providing equipment rentals to third parties. The Company maintains minimum cash reserves and an institutional line of credit totaling over $500k and has the ability to fully finance its projects and client work on a case-by-case basis, as needed. With a flexible event-based staffing model, key company personnel located in multiple regional offices, and a coast-to-coast network of seasoned subcontractors and suppliers with multi-year histories together, the Company is capable of executing multiple simultaneous large-scale campaigns & events nationwide. of 8 32 Item 2A-48 << REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK >> of 9 32 Item 2A-49 6. EXPERIENCE A. Organization Chart and Staff Biographies *denotes project leads for this RFP of 10 32 Item 2A-50 Soundskilz Founder and Executive Producer Steve Clayton* has a distinguished history as an Event Educator at UC Riverside, coupled with 20 years’ experience producing and managing large scale events. From creating and launching The Neon Run™ annual event in 10 different markets, to producing political campaign tours, State Fairs and music festivals, Steve brings tremendous touring experience and logistics management to every engagement. sclayton@soundskilz.com Partner and Executive Producer Ryan Heil* leads our operations and marketing teams. He oversees event design, technology platforms, media/PR, creative, marketing and sponsorship. Ryan has produced events and activations at more than 150 multi-day festivals around the world since 2002 including Sundance, SXSW, Cannes Film Festival, NY Fashion Week, Coachella, Miami Music Week, Fortnite World Cup, Winter Olympics and more. Ryan has also been a guest lecturer at the U. of Utah and led the agency of record marketing teams for global brands such as Lufthansa, Cuervo/Don Julio, Stella Artois and more. rheil@soundskilz.com Production Manager Johnny Valenti runs the Washington DC office and oversees production design, site operations and hospitality for Soundskilz events. Johnny’s experience includes hundreds of high-profile multi-day productions including Air + Style, LA Fashion Week, Chase Sapphire Lounge at Sundance, VIP operations at the Electric Daisy Carnival, Details Magazine x Hennessy Coachella activation at The Mirage and the Latino International Film Festival. Senior A/V Producer Garry Stalling has been with Soundskilz for 16 years and oversees all stage and live performance departments for Soundskilz events. Garry manages our multi-million- dollar A/V inventory and all stage planning/design/engineering, FOH and backstage operations, talent rider fulfillment and technical crews for all live performances. Casey Dolan provides management of event digital marketing, social media, website development, and more. He brings over 20 years of experience in broadcast and digital media working with industries including events, new home construction, government agencies, utility companies, and more creating and executing digital marketing and social media plans, creating websites and apps, and search engine optimization. Government & Public Affairs Manager Alan Long oversees municipal relationships for Soundskilz, bringing over 30 combined years as a retired Fire Division Chief and past Mayor, Council member, Commissioner, and local events & venue business owner in Murrieta, CA. Alan has overseen critical planning for a wide scale of local, national, and international events such as: MLB World Series, NHL Stanley Cup, various festivals, conventions, marathon and many more. Alan’s institutional knowledge gives him a unique ability to balance the needs of the community along with larger municipal interests in our contract executions. of 11 32 Item 2A-51 Head of Finance Lydia Mello, CPA manages all Soundskilz finances and event accounting operations, from billing to cash management to AR/AP to event settlement and post-event auditing. Crystal oversees all contract payments, revenue share collections and accounting, payroll, disbursements and post-event audit reporting for Soundskilz events to ensure clear and transparent reporting for all stakeholders. of 12 32 Item 2A-52 7. DETAIL RESPONSES TO EVALUATION CRITERIA A. Proposer’s Experience Our specific event history and experience affords us a unique opportunity to fulfill the needs of this RFI. Over the years we have produced numerous multi-day festivals, concerts and events and managed all key elements of the events on a turnkey basis. Some examples include: •Municipal: We are the current Agency of Record for the Huntington Beach annual 4th of July Festival (500K people annually); City of Upland Upland Lemon Festival (80K attendees), Cathedral City LGBT Days and Taste of Jalisco Festivals (10K attendees each) and have successfully won numerous other government contracts over our 20 year history. •Travel & Tourism: We have years of experience working with airlines, tourism and convention/visitor bureaus, municipal government Special Events departments, destination properties/resort cities, high end travel media, luxury travel concierges and more. Our clients and experiences have included JetBlue, Lufthansa, Park City UT Municipal, Nantucket Chamber of Commerce, Greater Coachella Valley CVB, VisitHB, Travel + Leisure, AMEX Departures, BVI Tourism, Cayman Islands Ministry of Tourism, In The Know Experiences, AMEX Centurion and more •Diversity & Community: Our contracts have us overseeing various events targeted to numerous demos, from families to adults to millennials/Gen Z, cultural segments from Latino to LGBTQ+ and more. Diversity is a core principle of our event planning and marketing in every municipal event we manage. •Carnival & Amusements: We have partnered repeatedly with one the largest carnival operators in the nation, Arizona-based Kastl Amusements, to subcontract for Carnival rides and operations successfully at multiple municipal events over the last 3 years. They would be prime subcontractor for us to provide the necessary carnival design and planning/execution for this project. •Sponsorship: In the last 10 years we have procured over $6mm in corporate sponsorship for events, with deals from $2000 to $200,000 per event/category, enabling local/small businesses and national brands alike to participate at appropriate budget levels. Past event sponsors have included AB InBev, Beam of 13 32 Item 2A-53 Suntory, Deep Eddy Vodka, Dick’s Sporting Goods, La Crema Wines, Comcast NBCUniversal, Tommy Hilfiger, Pepsi, Hint Water, Monster Energy, Red Bull and over 65 more brands/companies. •Marketing & Media: Our in-house digital media agency and regional PR teams will enable us to bring an expanded geographical reach to events, drive wider awareness and build sizable earned-media opportunities ties to destination marketing goals. We have worked repeatedly with the top PR firms, lifestyle media companies and bloggers in North America on PR campaigns, media barter/ sponsorship and branded co-productions since our inception. Examples include: DKC Public Relations, Sunshine Sachs, Howard Rubenstein PR, Think|PR, 5W PR, Conde Nast, DETAILS, Vanity Fair, New York Magazine, Hachette/ Lagardere, Bon Appetit, The Robb Report, Entertainment Weekly, People Magazine, Perez Hilton, Just Jared and more. •AV Production: We own a multi-million-dolar inventory of staging, lighting, sound, video and tech equipment which enables us to control costs and limit the number of external vendors required to produce large scale events. •Talent Acquisition: We have secured performing talent and celebrity appearances for literally hundreds of events worldwide, and maintain deep connections to top talent agencies, managers and publicity teams in numerous entertainment verticals. Our history includes securing concert performances of more than 50 platinum- selling music artists, in addition to literally thousands of local and regional bands for events across the country. of 14 32 Item 2A-54 Below is a selection of event productions we have managed in recent years, along with references and links to key supporting materials and press coverage. Further information on any event listed (or additional examples from our history) is available upon request. Huntington Beach 4th of July Festival www.hb4thofjuly.org Instagram Synopsis: The largest 4th of July celebration west of the Mississippi, a 118-year-old tradition attracting 500K annual attendees from the entire west coast, 15+ additional states and the greater LA/San Diego metro regions and beyond. Open to public. Events Managed: multi-day Pier Vendor Festival (100+ vendors/sponsors, 30+ live performances) and multi- ride Carnival installation on PCH, Surf City Run 5K (4000+ entrants), Main St Kickoff Block Party, 4th of July Parade (2.5 miles, 300+ entries), Fireworks Over The Ocean. Scope of Work: Official Agency of Record, responsible for ALL event concept design, planning, permits, vendor/sponsor sales, event staffing, budget planning, subcontractor bids & management, marketing/advertising/PR, social media, City BID relations, site plans/ engineering, creative, live music/stage production, photo/video/content and event recap Broadcast TV Clips Print/Digital Media Clips 2023 Sponsor Deck Reference/Contact: Molly Uemura, Community Services Supervisor - Specific Events (714) 374-5312 molly.uemura@surfCity-hb.org of 15 32 Item 2A-55 Cathedral City LGBT Days & Taste of Jalisco Synopsis: Soundskilz was awarded the official City Agency of Record contracts to produce the 2022 Taste of Jalisco (Feb) and LGBT Days (March) Festivals in Cathedral City, CA, returning both events to form after a 2- year hiatus due to COVID. In 2023 we produced the events again, with substantial YOY growth Taste of Jalisco features a muti-day Carnival, Auto Show, Vendor Festival (40+ craft and food vendors), community stage and headline live performance in the brand-new Cat City Amphitheater. LGBT Days features a Live Comedy concert with Del Shores, the annual Bed Race and Parade, Hot Air PRIDE Balloon Rides, headline concerts with 8x Granny nominee Lance Bass, O-City and Ryan Cabrera and secured major sponsorships including 2 regional radio networks, Agua Caliente Casinos, The Abbey LA and NBC Palm Springs. Outcome – Taste of Jalisco set all-time records for attendance and LGBT Days returned successfully as the first Pride of the year in CA, and Soundskilz executed the first-ever large-scale concerts at the new Cat City Community Amphitheater. In April 2022, Soundskilz was awarded 2-year extensions of both contracts through 2024, and 50% budget increases to continue growth of both events by unanimous vote of the City Council. ***********.tasteofjalisco.com/ Official Event Creative Press Clip ***********.cathedralCitylgbtdays.com/ Official Event Creative 2023 Sponsor Deck Reference/Contact: Ryan Hunt, Communications / Events Manager (540) 664-8556 of 16 32 Item 2A-56 OTHER EVENTS/FESTIVAL HISTORY – Details/case studies available upon request •KKBT (Los Angeles) Summer Jam concert with 20 pop acts and audiences of 50,000+ •Amaze Light Festival (Norco, CA) – Over 1M holiday lights festival with 80,000 attendees •Talent buying and production management for Boots in the Park (CA) since 2018 •Site Logistics & Production for the San Diego Holiday Bowl Parade featuring 100+ floats •5-year contract with the Rose Bowl Tailgate Festival to manage production, talent & AV •Steve Harvey live national comedy tours and Las Vegas Weekend Extravaganza “The Neighborhood Awards,” a 3-day weekend that hosts 175K attendees across 5 casino resorts •The Neon Run in 10 Cities, 5K nightime run parties spanning 20 events and over 125,000 attendees. •Full production management of LA Taste of Soul on historic Crenshaw Blvd with 100k+ ppl •Bernie Sanders 2016 & 2020 Campaign Tour Arena Events- US / Nationwide •Full production of the largest sports delegation activation at the 2014 Sochi Winter Olympics with the NHL Players Association, managing 135 professional players and their families along with 16 countries’ hockey associations, sponsors and IOC/ROC officials for 30 days •Cuervo Nation 5-day multi-island festival in British Virgin Islands Project Description, Design Concept and Project Budget The RFI requests that we provide an overview of the project concept. As stated, the event is meant to be a 50th Anniversary Celebration and include key elements defined as: •Proposed date: Saturday November 18th, 2023 of 17 32 Upland Lemon Festival https://www.uplandlemonfestival.com Synopsis: Soundskilz was awarded a multi-year contract to produce the Upland Lemon Festival in the post- COVID era, which for 25+ years has celebrated the City of Upland, CA and its citrus grove history. Outcome – with less than 8 weeks of planning & marketing from the date of the award, the event attracted over 60,000 attendees and participation of 150+ vendors and food trucks, and operated with a perfect safety record and a substantial net operating profit Reference/Contact: Michael Blay, City Manager (909) 931-4106 Item 2A-57 •Proposed location: outdoor event on San Pablo Avenue between Fred Waring and Magnesia Falls •Family friendly event Showcasing the past, present and future of Palm Desert •Games •Musical Entertainment •Interactive art installations •Delicious F&B vendors including alcohol •Prizes All of these elements are standard to many of our large municipal festivals in our experience, and how they are packaged and presented as an overarching “concept” is highly dependent on numerous variables. For instance, the RFI provides no creative guidelines other than the mention of “50th Anniversary”, and no additional input was provided to us in response to our submitted questions. We feel it is critical to note that in our combined 30+ years of professional experience with municipal clients, we have found that it is nearly impossible to present fully formed event concepts with actionable, viable production plans, creative design or realistic budgets without extensive detailed planning time, highly specific input from the client City, and approvals of key elements which dictate certain parameters of production. This is simply the reality of production in a municipal setting and particularly for an Anniversary-themed celebration, where very specific event variables, City codes, community sentiment, historical precedents, seasonal fluctuations in pricing and political expectations of elected officials all must be considered. Some examples of key information required to deliver realistic/actionable plans and budgets, but are not stated in the IFB or Response to questions, or cannot possibly be accounted for prior to winning the award, include: •City’s financial objective(s) re: event outlays; make a profit, break even or engage in net expenditures on funded events •City preferences/restrictions over music genres, and expectations for the named “family friendly” & “musical entertainment” •referenced in the RFI. •Amount of City control/input over event specifics once a concept/scope is approved including talent selection, event creative, branding, etc. •Municipal code limitations on events in city owned streets or the civic center area: including noise ordinances, special event permit limitations, turf/lawn damage mitigation, alcohol laws, etc. of 18 32 Item 2A-58 •City’s availability of utilities and at what cost: three-phase 50amp power and locations of panels, fresh water access, gray water/sewer •Ability to close roads and analysis of available routes for special events, and review of associated costs/policies and public safety requirements (barricades, PD overtime, etc) •Mandates to utilize local businesses for preferred bids on goods & services •Max public assembly caps or triggers on attendance which change required planning and use of City services •Tourism metrics the City may be attempting to achieve to plan local vs regional marketing and advertising campaigns •City-owned assets (venues, advertising, etc.) and City services that are available to event producers, including fee schedules and/or fee waivers •Effects of inflation and price indices on costs quoted today versus execution date If chosen as the most qualified agency to design and execute the 50th Anniversary event for Palm Desert, it would be our intent to immediately undertake the process outlined in our Project Management Approach (below), and work with the City to achieve meaningful, realistic decisions on event specifics and develop detailed, accurate budgets for consideration and approval. We would estimate a planning process of 30-60 days after award to finalize specific details of the event and deliver an accurate version 1 of the project budget for consideration. Without a detailed deep dive into the above-referenced topics and more, there is simply no feasible way to deliver an accurate, achievable (or even community- informed) project concept and budget beyond the basic description already listed in the IFB. Project Management Approach/Methodology We have refined a unique and proven approach to municipal engagements over the years, centered around key research into historical data, planning milestones and execution steps. Our key steps to any successful event include: 1. Conduct a review of any prior event executions in the City, to determine successful best practices and identify past execution problems, any potential liability issues, and any history of commercial disruption issues/complaints with neighboring businesses. 2. Conduct informal surveys and/or 1:1 interviews with previous vendors, sponsors, City stakeholders, local Chamber and Tourism entities, etc. to gauge of 19 32 Item 2A-59 their direct experience with prior local events and solicit recommendations for future improvement and measure community sentiment and awareness. 3. Analyze tourism trends, hotel/bed inventory, parking/transportation options and other key travel- based metrics to determine how best to position, market and program the event to maximize reach and draw. Establish a specific network of tourism/travel-related partners and assets that can be activated on a scalable basis to promote and service the event. 4. After through review has been conducted, pitch brand development package for city approval. 5. In conjunction of the event layout and theme, develop a full event budget for review and approvals. 6. In collaboration with the City, review all vendor and commercial rules & regulations, and set up appropriate licensing protocols for on-site event vendors to ensure compliance across all participants and activities. This step also encompasses initial setup of our online Vendor Portal for applicants via the LENND platform 5. Analyze existing City-owned digital/online assets, and with our in-house digital agency team integrate official event sites and social channels (and/or create new channels for same) to streamline event functions and maximize data capture value/opportunity. This includes websites, social channels, participant/vendor application processes, required document management, FAQ’s, ticketing functions (if necessary), help desk (email) using our standardized suite of platforms, including WebConnex, LENND, CMS frameworks and back-end business advertising tools. 6. Coordinate with City to identify all appropriate City-owned advertising and sponsorship assets and clear them for usage – signage such as light poles, OOH locations, digital billboards, kiosk advertising, etc. and activation opportunities such as experiential buildouts, concession exclusivity, venue naming rights, etc. - and ensure the permit process is vetted and known for each specific use- case. 7. Develop high quality print and digital sponsorship presentations as necessary and event-specific advertising materials to promote the event alongside City advertising campaigns. 8. Develop service-specific RFPs and conduct competitive bid processes for best- of 20 32 Item 2A-60 in-class vendors, with an eye towards prioritizing local merchants and service providers to keep the spending within the local community, as well as observing any City-preferred HUB/MBE/LBE policies. Additionally deploy sponsorship sales teams at local, regional and national levels to pitch our 20+ year network of commercial partners. 9. Develop new and/or expanded integrated marketing and PR campaigns to simultaneously promote the event and the City to grow reach, commercial opportunities and media coverage. Special emphasis will be placed on digital media and technologies, regional media partners, influencer relationships (particularly local/regional talent) and strategic relationships with key brand partners. 10. Coordinate all logistics including invoicing and insurance requirements for all suppliers and permit requirements. 11. Manage the ongoing planning and fulfillment of the event requirements up through the actual event date and post-event recap period. 12. Provide the City with a full post-event review, best practices report, media/PR recap with clips/content/statistics and recommendations for future years and best practices. This methodology has been honed and refined over numerous municipal event productions and has repeatedly proven to deliver growth in multiple key metrics at our newly awarded/contracted events, including audience reach, engagement metrics, sponsorship dollars secured and earned media results for the host City and stakeholders. Additional Event Deliverables Additional steps we take in planning and executing successful events in municipal partnerships include: Talent Booking •We develop target lists of family friendly live acts and local DJs with consistent local awareness/reputation (such as the top “local bands” and fun DJs at the most popular local venues) and regional/national artists who have successfully toured the area. All acts are vetted to meet the budget and genre-specific needs of each specific event. of 21 32 Item 2A-61 •Once a target list of artists is agreed/approved with the City, we begin negotiating offers through our talent contacts and direct with artists. •Objective is to typically secure lineups for events 90-120 days before the event date Marketing & Event Communications •Appraisal of existing online assets, and rollout of websites and social media channels (FB, IG, TikTok) for events •Create a paid online media campaign per-event to attract authentic, segment-targeted audiences focusing on tourists/visitors, regional awareness and in key geo-targets for the City as defined in local CVB/ Tourism Dept guidelines •Develop a content posting schedule led by our dedicated social manager, to include: o Save The Date announcements o highlighting “greatest hits” content from prior year events (if applicable) o influencer engagements and cross-posting o online polls and contests for the local community to raise awareness •Assessment of City tourism marketing efforts and how to cross- promote and amplify the campaign vis-à-vis specific events •Appraisal of local radio, travel guide and CVB/Tourism agency assets/ channels we can use to promote •Local signage, flyer/poster and print campaign resources •Direct outreach to all local businesses to pitch B2B vendor opportunities and advertising assets during the event (banners, signage, booths), and to create internal promotion incentives to secure storefront signage for event posters, email blasts to their customer databases, etc. Food & Beverage •We have extensive experience managing F&B operations at large-scale events and understand the critical importance of an effective hospitality management program. The contribution of F&B revenues to the bottom line, concerns of alcohol liability and the relevance to the customer experience at points of service are all critical factors in the success of any event. •Through our Vendor Manager we conduct an extensive campaign to recruit top local food vendors to set up during events and provide a wide-ranging culinary experience (when applicable) of 22 32 Item 2A-62 •On an event-specific basis, and after a thorough review of the venues’ available infrastructure (power, water, concession locations, etc.), we propose an ideal mix of food operators and effective food management plan to maximize revenues and provide relevant and high-quality experiences to attendees. •Furthermore, our vendor onboarding protocols and onsite management ensure 100% health code compliance at each event and seamless auditing for revenue management. •We request alcohol policy-specific meetings with the City to discuss local laws, protocols, liability concerns and licensing options before determining any event-specific plan(s). Options on a per-event basis include awarding a third-party alcohol licensee a management contract for alcohol concessions, or to secure an event-specific license in partnership with a local non-profit – and thereby manage all alcohol operations “in-house.” Production & Administrative Services •Soundskilz is a full-service live event production company, specializing in 360-degree event planning and management at venues from raw spaces to fully built halls and arenas. We can provide our own staging and AV to events where appropriate and will source backline equipment and lighting from local vendors on a per-show basis. •Subcontracted services on a per-event basis would typically include the following rental services and labor providers: o Fencing and barricades o Canopy tents for vendors (fire-rated) o External generators and power service (25 kVA and above) o Licensed and bonded security personnel (crowd control and backstage) o Porta-potties and janitorial services o Trash & Recycling coordination •Our in-house accounting team operates on site during all events, managing all cash handling, revenue collections, F&B daily audits, expense disbursements and HR-related tasks such as signing in/out shift employees and day labor. This enables quick and efficient settlement of our events and a professional back-office presence for handling employee issues during event production. •At each event, we maintain/operate a General Services Help Desk/ Information booth for attendees staffed by full-time production team of 23 32 Item 2A-63 members and volunteer staff. This enables us to provide real-time customer service across multiple areas, from refund requests to first aid to general inquiries and more, and ensure a high level of public facing customer service which also provides us constant feedback and insights into the event itself for future review. Public Safety, Regulations & Permits Soundskilz has extensive experience working with every level of government agency to ensure smooth, safe and legal execution of every element of event activities. Public Safety is a paramount concern at every event we produce, large or small, and we proudly point to our 100% safety record at every major event we have produced – including those that have featured commercial alcohol promotions and even cannabis consumption. Our experience includes having worked on event protocols, permitting and activation specifics with: •US Secret Service •French Ministry of Defense •Spain Marítimo de la Guardia Civil •US Federal Marshals Service •US Dept of Homeland Security •FAA •Port Authority of NY & NJ •Port of San Diego •Chicago Dept of Aviation •CA Dept of Food & Agriculture •CA ABC and alcohol agency equivalent in 7 other US states •CA District Agricultural Associations (multiple) •CA Bureau of Cannabis Control •County and State health departments nationwide •State, county and local police forces •City Fire Departments •City and County Councils / Boards •and more… Our team is highly experienced in researching all applicable legal requirements and ensuring that all activities are properly licensed, insured and operated within all of 24 32 Item 2A-64 applicable code requirements. We pride ourselves on our risk mitigation policies and planning skills, and work collaboratively with all government stakeholders in our events to ensure safety, compliance and fulfillment of all necessary obligations months and weeks in advance of every event. This conduct extends to our vendors and subcontractors, all of whom are given comprehensive pre-production guidelines and all necessary permit materials that must be completed before they commence activation on a Soundskilz job or event site. We expect to work closely with City Staff and departments to conduct pre-event public safety meetings and develop Emergency Action Plan(s) as required for each activation. In addition, we shall highlight all necessary permits and required code compliance months in advance of the event to our vendors, suppliers and subcontractors, and will use our technology-based event platforms to provide constant monitoring of required filings, permits and approvals through every step of the production process. Volunteer Groups & Charity Experience Through over 100 of our smaller event productions and in virtually every major festival, the Soundskilz team has extensive experience integrating volunteer groups and non-profits, NGOs and other similar organizations. We work with local NPOs to determine opportunities for volunteer staff, discounted or free booth space and cross-promotional campaigns to help them spread their message and campaign drives. Some examples include: •Our standard practice of creating a non-profit “Community Corner” vendor program at every applicable festival, with substantially reduced or zero-cost pricing for NPOs and community organizations to set up vendor experiences/booths and engage the local community; we dedicate a portion of our ad spending and onsite branding/ signage to promote these initiatives at each event •Designing and managing a volunteer program during the Huntington Beach 4th of July Festival, comprising 100+ volunteers from local organizations such as Junior Life Guards, to manage the parade route, merchandise and ticket sales, and a 5K fun run for thousands of entrants. Volunteer groups received donations from the event budget for their contributions. •Executing full scale event productions on behalf of more than 50 non-profit of 25 32 Item 2A-65 events in the US and Europe, for clients including Show Me Campaign (John Legend’s charity), US Humane Society (Nigel Barker European Tour), Sunflower Children (Helena Houdova’s Annual Gala), Echoes of Hope (Luc Robitaille’s Annual Winter Celebrity Hockey Game & Gala) and the Art of Elysium Paradis Gala (multiple events at Cannes Film Festival with James Franco, Denise Rich and Kirsten Dunst as event chairs) •Integrating non-profits into event marketing partnerships to include discounted ticket packages for donors. Examples include American Red Cross partnerships for Winter Music Conference festival shows in Miami Beach, FL and integrating Global Citizen into Cannes Film Festival premiere events. Collaboration Model We value collaboration with multiple event stakeholders in every event we produce – and in municipal events such as contemplated in this RFI, cooperation and communication among many parties is paramount to success. •Through our upfront survey process of prior stakeholders and participants, we allow people to be heard, gain wisdom from their own firsthand experiences with local events, and help shape best practices and YOY proposals that can only improve the experience and reputation of the events that take place in the City. We realize this event is for a 50th anniversary event. However, creating best practices could allow an annual celebratory anniversary event should the city be seeking such an event. •We typically conduct monthly and then weekly event status calls and/or in- person meetings as event dates approach. As well, we remain available for on-demand meetings for urgent or timely event requirements as needed/ •Our key subcontractor personnel are welcome and invited on team calls and specific issue meetings, to ensure that all parties responsible for execution of critical path elements are “part of the conversation” that affects their performance and deliverables/scope of work. Key decisions are therefore able to be informed by the experts in each department or service that needs to be addressed, and things do not get lost in translation or layers of management. •We maintain dedicated email accounts for each event (for example, vendor@, siteops@, publicity@, accounting@ ) that give partners direct lines of communication to our executives and department teams for of 26 32 Item 2A-66 prompt routing and response to questions and concerns. •We utilize advanced team collaboration tools, including ASANA, Slack and others that can be opened to each stakeholder in the event who needs to interact with our direct planning schedules, document repositories and internal chat threads about specific event planning issues. Through this approach, we have successfully executed large scale events involving government officials, corporate partners, publicity/media teams, technical production units, vendors, suppliers, sponsors and more in a unified system with minimal friction and quick access to answers and solutions at every step of the event production and planning process. Agency Fee Discussion In our experience, we have seen many different ways of operating financially in the context of a municipal services contract – and these are most often (and necessarily) determined by specific financial conditions set forth by the City. The factors that must be considered in any Fee Proposal for this RFI include, but are not limited to: •City Budget expectations and fiscal year approved funds for the event •Level of talent desired and total talent budget allocated for the event •City funds for general tourism, advertising and promotional campaigns which may or may not offset event advertising costs •Mandate of event to drive bottom line revenue gains, break even or operate as loss leader •Known costs for mandatory and specific services required from the City based on approved scope •Ability of City to waive specific fees or provide in-kind services and assets such as venues, power, water, Fire, PD, Public Works, OOH advertising assets, etc. •Inflationary outlook for the event window which is 6+ months away Without having a significantly deeper discussion with the City to ascertain the above data points, and those outlined in the paragraphs above, it is not possible to propose a straightforward fee schedule. We are able to outline two practical scenarios around which a financial arrangement can be modeled if we are awarded the contract. These models have been proven successful in our prior arrangements with other municipalities, and we remain open and willing to discuss and/or negotiate specific terms during a final round interview with the City to clarify a final Fee Proposal amenable to the of 27 32 Item 2A-67 parties. SCENARIO A. Fee for Services Plus Bonus •City to pay Soundskilz a fee for performance, to be determined against an approved final plan of specific activities with all scope of work, expected outcomes and all material details known and articulated in a Production Services Agreement. •The fee would take the form of a single fee for the entire scope of work, based on a flat fee or a combination of fee + blended agency rate for hourly billing of specific services. •The City would assume 100% of the financial obligations for the events and must allocate budgets to the approved plan. •A negotiated bonus TBD upon deliverables of budget, revenue generation or other success markers. SCENARIO B. Revenue/Profit Sharing •Soundskilz can agree to a lower agency fee and/or waiver of hourly rate billings if it is able to participate in revenue sharing across applicable streams – such as procurement of revenue streams such as: o F&B vendors o Operating the bar as the licensee o Ticketing (if applicable) o Parking o Sponsorship o Other Both models have been proven to be historically successful in our direct experience and can be modified and/or combined in various ways to match the objectives of the City once they are more fully understood. It is our expectation and hope to discuss those objectives with the City if selected as a finalist for the IFB. E. Project Team & Contractors Please refer to Page 7, above, under Organization Chart, for an overview of our project team and biographies. In addition to our project team, we would intend to subcontract KASTL AMUSEMENTS, as a Carnival operator, to manage and deliver the required carnival services once final event details are confirmed with the City. Other contractors to include: • Powertrip • Big Top Rentals of 28 32 Item 2A-68 • Brudvick Electrical - A local Coachella Valley based business F. Time Frame As stated above, we would estimate an initial planning process of 30-60 days after award to finalize specific details of the event and deliver an accurate version 1 of the project budget for consideration. This would encompass the initial phases of the Project Management Approach outlined above. Additional project benchmarks that we would anticipate include: •Talent Offers: 120-90 days prior to event •Talent Announce & Ticket Sales: 90 days prior to event •Social Media Tease: within 30 days of Award •Advertising Campaign Tease: 120 days prior to event •Advertising Campaign (full): 90 days prior to event •Call for Retail and F&B Vendors: within 30 days of Award (including live applications) Other key benchmarks such as final venue layout, permits, public safety plan, power/ sanitation supplier RFPs, etc will be dependent on the required City inputs and subject to City guidelines and internal timelines. As we own all the requisite stages, lighting and sound needed for the event, there would be no need for a hard date to secure those subcontractors/suppliers. << THIS SPACE LEFT INTENTIONALLY BLANK >> of 29 32 Item 2A-69 G. Executive Summary •We firmly believe that our years of responsible and successful event planning with municipalities – both large and small - have uniquely qualified us for success in this IFB. Our track record and our references will bear this out. •As the proposal content above demonstrates, we have the requisite experience to help guide the City of Palm Desert to create a truly unique, memorable and successfully managed 50th Anniversary event for which the city can be proud. •We believe that a successful plan to create and execute this event, while considering community interests and all the logistical and planning realities, will require a detailed research and discussion process before a final concept, creative design and realistic budget can be presented for adoption and approval. •If chosen as the most qualified agency to meet the City’s needs we are ready, willing and able to engage the City immediately in that process as part of negotiating an initial agreement for services. •Upon completion of the requisite research and discussion process, we can flexibly adapt our fee scenario to meet the City’s objectives and provide the best service at the best price. We have the financial means to manage the event’s upfront costs and the interest in an incentive-laden fee structure if that is the best option for the City’s budget << THIS SPACE LEFT INTENTIONALLY BLANK >> of 30 32 Item 2A-70 8. REFERENCES Huntington Beach 4th of July Festival www.hb4thofjuly.org Instagram Synopsis: The largest 4th of July celebration west of the Mississippi, a 118-year-old tradition attracting 500K annual attendees from the entire west coast, 15+ additional states and the greater LA/San Diego metro regions and beyond. Open to public. Broadcast TV Clips Print/Digital Media Clips 2023 Sponsor Deck Reference/Contact: Molly Uemura, Community Services Supervisor - Specific Events (714) 374-5312 molly.uemura@surfCity-hb.org Cathedral City LGBT Days & Cathedral City TASTE OF JALISCO Synopsis: Soundskilz was awarded the official City Agency of Record contracts to produce the 2022 Taste of Jalisco (Feb) and LGBT Days (March) Festivals in Cathedral City, CA, returning both events to form after a 2- year hiatus due to COVID. In 2023 we produced the events again, with substantial YOY growth ***********.tasteofjalisco.com/ ***********.cathedralCitylgbtdays.com/ Official Event Creative Official Event Creative Press Clip 2023 Sponsor Deck Reference/Contact: Ryan Hunt, Communications / Events Manager (540) 664-8556 of 31 32 Item 2A-71 Upland Lemon Festival https://www.uplandlemonfestival.com Synopsis: Soundskilz was awarded a multi-year contract to produce the Upland Lemon Festival in the post- COVID era, which for 25+ years has celebrated the City of Upland, CA and its citrus grove history. Reference/Contact: Michael Blay, City Manager (909) 931-4106 of 32 32 Item 2A-72 Soundskilz, Inc. - Proposal for Scope of Services - EIN - 20-8145549 Overview: The City of Palm Desert is planning a once in a life time event - The City’s 50th Anniversary Celebration. This event is generally meant to be a free, family-friendly event for the community to celebrate the 50 years of Palm Desert. This accomplishment will showcase Palm Desert’s history, culture and beauty. With the event being 1-day and only about 4-5 hours, we anticipate there being a few paid vendors and a few paid sponsorships depending on talent level and earned media exposure. With that being said, we offer 2 poten- tial financial proposals below. Financial Proposal: In response to the request by city staff, Soundskilz is presenting a transparent financial plan model. Soundskilz is proposing one of two models: 1) A agency management fee of 25% not to be less than $30,000 to engage this project. This agency fee will be incorporated into the event operational budget of which city staff will have discretion and ap- prove. All expenses and invoices will be transparent and available for city to review post event. Sound- skilz will produce RFPs / scope of work for all contractors and suppliers. We find this model to be best for cities who want to know where there use of funds are going. Any and all of the revenues will be put towards the event budget and any excess will be returned to the city. 2) A lower management fee percentage with a tie to revenues for a different approach, incentivized by rev- enue procured. We are proposing four tiered model of this event. The majority of any budget is spent on things that are at a baseline model of necessity. For example: • Accounting, HR and labor management • Graphics and digital • Signage & printing • Rentals • Fencing • Security • Agency fee • Contractors • Staffing All of these above items are needed no matter what amount we spend on other items such as kids activities, entertainment and talent. These items alone account for a large amount of the $100k budget - before we spend any money on anything else. By increasing the budget, you functionally do two things: 1. Enhance the experience for the attendees. 2. And allow for an elevated platform from which to showcase the City of Palm Desert. Item 2A-73 As the budget increases, we plan to allocating more money and resources on headline talent, kids and fami- ly activities, give-aways and art installations. Example. $100,000 budget a. Art Installation: (i) 1 small area of art installation b. Entertainment: (i) 1 Cover/Tribute Band (ii) 1 Supporting Band (iii) All production equipment, staff and backline (iv) Artist coordination, hospitality and logistics c. Kids Area: (i) 2-4 Inflatables d. Vendor Area (i) Application (ii) Permits (iii) Non profit and “Community Corner” area (iv) Vendors allowed to bring their own pop ups e. Food & Beverage Management (i) Application (ii) Permits (iii) Reconciliation f. Contractors g. Staffing (i) Accounting, HR and Labor Management (ii) Site Operations (iii) Vendor Coordinators (iv) F&B Manager h. Security (i) Overnight for build date (ii) Security for permitter and bar areas i. Rentals (i) Tents, tables, chairs (ii) Generators and power (iii) Equipment j. Signage, print & Graphics Option B. $150,000 budget • Added or enhanced kids area activities such as chalk art competition for prizes • Higher level of entertainment. Possibly a $10k act. Still maybe in the cover/tribute category. • Larger, additional art installations • Additional entertainment such as stilt walker Option C. $200,000 budget • PR Campaign & Social Spend* • Larger kids area with possibility of some sort of carnival games/rides • Higher level of entertainment. Possibly nationally touring act with an approximate spend of $20k. • This would allow the first option of having a key name to be tied to the event. • Larger, additional art installations. Possibly more locations. • Additional entertainment such as stilt walker or fire dancer plus possibly a drone light show or small fireworks celebration. Option D. $250,000 budget Item 2A-74 • PR & Social Spend + Billboard, Radio, Print Spend* • Larger kids area • Multiple Stages. One main stage and one side stage for community acts. • Higher level of entertainment. Possibly a $35k act. This would be on the low end for a band such as Los Lobos (currently unavailable) who quotes $40k-$70k. For example, WAR quotes $75k-$100k. • Multiple art installations. Possibly live Glass Blowing • Axe throwing or interactive event experience • Additional entertainment such as interactive fire dancer * We discussed you having a budget set aside for ad spend for this event. Possibly this budget could be combined to be included in this to increase the overall budget and experience. All in all, this financial model allows us to move chess pieces around the board to maximize the experience for your attendees while providing transparency in spending. Please note that this is just a proposal and we are open to all negotiations prior contract. Thank you for your consideration and we look forward to the processes and the event. Stephen Clayton Soundskilz Inc. 877.357.5459 ***.Soundskilz.Com Item 2A-75 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: APPROVE CONTRACT WITH COACHELLA VALLEY WATER DISTRICT FOR UTILITY CONFLICT RELOCATION IN ROUNDABOUT AT SAN PABLO AVENUE AND SAN GORGONIO WAY RECOMMENDATION: 1. Approve Contract with Coachella Valley Water District (CVWD) for Utility Conflict Relocation at San Pablo Phase 1 Roundabout in the amount of $115,000 to prepare for installation of Sunburst sculpture by artist Donald Gialanella. 2. Approve project contingency in the amount of $30,000. 3. Authorize Director of Finance to appropriate $145,000 to the Restricted Capital Project Fund Account No. 4514342-4400100. 4. Authorize City Attorney to make any necessary, non-monetary changes to the CVWD Contract. 5. Approve gas line relocation by SoCalGas. 6. Authorize City Manager to sign all documents and waive all permit fees associated with execution of this project. BACKGROUND/ANALYSIS: On November 18, 2021, City Council awarded a contract to artist Donald Gialanella for fabrication of the sculpture Sunburst to be installed in the roundabout located at San Pablo Avenue and San Gorgonio Way. During the foundation engineering phase of this project, staff was made aware that the underground utilities in the roundabout could potentially conflict with the Sunburst sculpture foundations. While utilities have always been a consideration with this project, staff was initially told that footings could be constructed around the utilities. However, it has been determined that given the size and weight of the Sunburst sculpture, and the clearance that the Coachella Valley Water District (CVWD) and SoCalGas would need to access their respective utilities in the event of an emergency, the only option to feasibly install the sculpture would be to relocate the underground water and gas lines. CVWD has estimated the cost for relocation, to include traffic control, pipes, fittings, valves, restoration, and equipment to be $115,000. Costs are approximate and could result in being slightly under or over this estimate. Therefore, staff is recommending a $30,000 contingency for any unforeseen work, bringing the total request to $145,000. Staff received a ruling from SoCalGas indicating that the City will not be responsible for costs associated with relocation of the existing underground gas line. Upon City Council approval, the utility companies have agreed to closely coordinate with staff and with each other to complete the work with minimal disruption to the residents and businesses in the area. The work is planned to remain within the limits of the decomposed granite area of Item 2B-1 City of Palm Desert Utility Conflict Relocation in Roundabout at San Pablo and San Gorgonio Page 2 of 2 the roundabout with little to no disturbance to the curbs, pavers, and asphalt. Temporary traffic control may close portions of the roundabout to provide a safe work environment for the utility companies. City staff will also provide advance notice through various channels to neighbors and businesses in the impacted area. The timeline for scheduling work is four (4) weeks for each utility, and two to three (2-3) weeks to complete relocation for each. Estimated completion of utility relocation is September 2023 and the Sunburst sculpture installation is on track for October/November 2023. FINANCIAL IMPACT: The estimated cost for water utility relocation is $115,000 with an additional $30,000 in contingency. An appropriation is necessary in the amount of $145,000 to the Restricted Capital Project Fund Account No. 4514342-4400100. These costs are reimbursable from bond proceeds; therefore, there is no impact to the General Fund with this request. REVIEWED BY: Department Director: Eric Ceja City Attorney: Isra Shah Finance Director: Veronica Chavez City Engineer: Maria Fraser Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Vicinity Map 2. Draft CVWD Agreement Item 2B-2 Item 2B-3 [DISTRICT LETTERHEAD] May 17th, 2023 File:1150.06 Todd Hileman City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Hileman: Subject: Water Relocation Agreement for San Pablo Avenue Roundabout Public Art Sunburst Sculpture The City of Palm Desert (“City”) intends to construct a project commonly referred to as the “Sunburst Sculpture” installation (Project) at San Pablo Ave and San Gorgonio roundabout. Coachella Valley Water District (“CVWD”) has certain facilities which will be affected by the Project, including but not limited to an 8-inch and 14-inch water main, valves, and fittings. (“CVWD Facilities”). The Project will require: (i) the CVWD Facilities to be relocated to allow adequate space within the roundabout, (ii) the City to install, or cause to be installed, the new Sunburst Sculpture. CVWD is responsible for relocating items (i) above (“CVWD’s Portion of the Project”). The City is responsible for all costs associated with the project including (i) CVWD’s Portion of the project. The CVWD Portion of the Project (i) shall be completed in accordance with CVWD’s standards by CVWD forces. CVWD shall provide its own traffic control. CVWD shall submit its traffic control plan to the City for approval. CVWD may encounter unforeseen items/obstructions within the roundabout that may cause additional work, materials, relocations and costs. These costs will be the responsibility of the City. CVWD shall have the right to modify the CVWD Portion of the Project, based on field conditions and unforeseen obstructions. The City shall cause the contractor (ii) who installs the Sunburst Sculpture to protect in place CVWD’s facilities. The City shall be responsible for addressing any public outreach related to the Project. CVWD has prepared a cost estimate for CVWD’s Portion of the Project. The City shall remit to CVWD a deposit of $115,000.00 for the estimated construction costs of the CVWD Portion of the Project. This payment will be made prior to any construction work performed by CVWD. This payment is an estimate based off material, labor, equipment, traffic control, and the total number of CVWD Facilities relocated within the Project. Any remaining funds will be returned Item 2B-4 to the City at the close of the project. Any Overage of the estimated cost will be billed to the City and the close of the project by CVWD. COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California By J. M. Barrett General Manager CITY HAS READ THE FOREGOING LETTER AND ACCEPTS THE TERMS SET FORTH THEREIN. CITY OF PALM DESERT, a municipal corporation By Name: Its: E.C.: Tyler Hull Carrie Oliphant Elmer Alex Tommy Fowlkes Item 2B-5 [This page has intentionally been left blank.] Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Ryan Gayler, Capital Projects Manager REQUEST: AWARD CONTRACT NO. C45240 IN THE AMOUNT OF $3,057,420 TO MATICH CORPORATION OF SAN BERNARDINO, CALIFORNIA FOR THE FRED WARING DRIVE STREET REHABILITATION PROJECT (PROJECT NO. 752-23/MST00008) RECOMMENDATION: 1.Make a finding that the project is categorically exempt from further review under the California Environmental Quality Act guidelines, Class 1 of Section 15301, and authorize the City Engineer to submit a Notice of Exemption. 2.Award Contract No. C45240, including bid alternate #1, in the amount of $3,057,420 to Matich Corporation of San Bernardino, California, for the Fred Waring Drive Street Rehabilitation Project. 3.Authorize the Director of Finance to set aside a 10% contingency in the amount of $306,000. 4.Authorize the Director of Finance to set aside an early completion incentive in the amount of $300,000. 5.Authorize the City Manager to review and approve written requests for the use of contingency for unanticipated conditions, per Section 3.30.170 Section B of Ordinance No. 1392. 6.Authorize the City Manager to review and approve the use of incentive funds if the requisite conditions have been met. 7.Authorize the City Manager or designee to execute the Agreement and the City Attorney to make non-monetary changes to the contract. Funds are available in the Gas Tax Fund and budgeted in the Street Resurfacing Project Account No. 2114311-4332000 BACKGROUND/ANALYSIS: The asphalt on Fred Waring Drive between Highway 111 and Monterey Avenue is reaching the end of its useful life. Over time, traffic volumes have continued to increase, and the existing street section is no longer sufficient to carry the traffic. The City contracted with Applied Research Associates, Inc. (ARA), a pavement maintenance consultant, to examine and test the road to determine the best method for repairing the street. ARA conducted tests including core samples, ground-penetrating radar and a falling weight deflectometer. Due to the condition of the asphalt, aggregate base material and subgrade, ARA recommends a full-depth reclamation (FDR) process with a new 6” section of asphalt concrete. There is also a failing segment of Monterey Avenue that has been included in this project due to the proximity. The number three southbound lane will be repaved from Fred Waring Drive to 600 feet south of Fred Waring Drive. The project will completely pulverize the existing asphalt concrete and mix it with the existing base material to create a stronger, 15.5” aggregate base section. The street will then be paved Item 2C-1 City of Palm Desert Award Contract No. C45240 to Matich Corporation (Project No. 752-23) Page 2 of 3 with 6” of warm-mix asphalt concrete on top of the FDR base section. Staff recommends that the City Council find that the project is categorically exempt from CEQA under Class 1 (Section 15301 “Existing Facilities”) under the CEQA Guidelines as the project involves the repair and maintenance of existing streets, sidewalks, gutters, and similar facilities. The project was advertised for bids, and on June 27, 2023, three bids were received electronically through the City’s bid management portal with the following results: Contractor Location Base Bid Amount Matich Corporation San Bernardino, CA $2,949,150.00 Granite Construction Company Indio, CA $3,070,142.00 ATP General Engineering San Diego, CA $3,650,810.00 The engineer’s estimate for construction is $3,250,000. The project was bid with an Additive Bid Item, but the low bidder is determined by the Base Bid only. Matich Corporation has successfully completed many paving projects for the City of Palm Desert and staff is confident in their ability to complete this project. It is anticipated that construction of the project will begin the second week in August 2023. There are some aspects of this project that will present challenges. Fred Waring Drive has high traffic volumes, and the scope of work where the contractor will be rehabilitating the street section will require significant temporary work zone traffic control. The existing pavement section will be removed to a depth of six inches, so vehicular traffic will be reduced to one lane in each direction. Traffic will be routed onto compacted base material during one of the phases of construction. The contractor is required to maintain vehicular access to the business along the route. To accommodate traffic in the high-density areas, the City may allow nightwork for some of the construction phases. To provide an incentive to complete the project early, a clause has been added to the contract to authorize a $20,000 payment for every calendar day the project is completed before the contract completion date, up to $300,000. The early completion incentive is designed to provide a maximum financial incentive of approximately 10% of the Base bid amount to reduce the amount of time that traffic impacts from the construction affect adjacent businesses and nearby residents. The maximum incentive amount of $300,000 can be earned if the contractor completes the project 15 calendar days early. The incentive is reduced as calendar days expire. As an example, if the entirety of the project is completed 10 calendar days early, the contractor will receive $200,000 of the incentive. The contractor will be conveying information regarding traffic control and work schedules to the nearby businesses, and residents. Changeable message signs will be utilized to provide advanced notice for drivers. In addition to any public outreach by the contractor, the City has scheduled public meetings with the residents and business owners that will be affected by the project. The City will mail out informational cards and is maintaining a page on Engage Palm Desert so interested parties can obtain up-to-date information on the project. Per an agreement (Contract No. C31910) the City has with the Coachella Valley Water District (CVWD), all paving projects include an additive alternate bid item to raise the valves and manholes to the new finished surface on behalf of CVWD. CVWD has the option of accepting Item 2C-2 City of Palm Desert Award Contract No. C45240 to Matich Corporation (Project No. 752-23) Page 3 of 3 the price from the City’s contractor and reimbursing the City for the work or using their own crews to perform the work. CVWD has accepted the price of Bid Alternate #1 provided by the contractor for the subject alternate bid item, which is $108,270. Therefore, in addition to the base bid of $2,949,150, the alternate bid item will increase the total contract price to $3,057,420, which includes raising the valves and manholes to grade. The City will be reimbursed by CVWD for work done on their behalf upon completion of the project. FINANCIAL IMPACT: Funds for this project were included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2023/24 as follows: Project Account Funds Budget Fred Waring Street Rehabilitation Project 2114311-4332000 Gas Tax funds $4,380,285* Total Available Budget $4,380,285 Contract C45240 ($3,057,420) Contingency ($306,000) Incentive ($300,000) Remaining Budget $716,865 *Budget amount includes anticipated rollover of $3,380,285 in prior year unspent appropriations. The amount budgeted in the project account is designated for this street rehabilitation project as well as the annual slurry seal project. REVIEWED BY: Department Director: Jess Culpeper City Attorney Isra Shah Finance Director: Liberty Urban for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Agreement and Bonds 2. Contractor’s Bid 3. Vicinity Map 4. CEQA – NOE 5. PowerPoint Presentation Item 2C-3 Contract No. C45240 -1- CONTRACT & BOND FORMS CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. C45240, is made and entered into this 13th day of July, 2023, by and between City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the “City” and Matich Corporation, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 6, below, for the following Project: FRED WARING DRIVE STREET REHABILITATION PROJECT PROJECT NO. 752-23/MST00008 The Scope of Work consists of making improvements to pedestrian facilities, and drainage and street infrastructure on Fred Waring Drive from Highway 111 to Monterey Avenue. The project will pulverize and rehabilitate the street section. The items of work consist of mobilization, traffic control, lowering valves and manholes, concrete removal, cold milling, full depth reclamation, installation of base material, constructing asphalt concrete paving, portland cement concrete improvements, installing traffic signal loops and pull boxes, striping with thermoplastic, and raising valve and manhole covers to grade. Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. INCENTIVE FOR EARLY COMPLETION OF WORK In order to encourage the Contractor to complete all Work required by the Contract Documents prior to the time for completion set forth in Article 2, the City shall pay the Contractor an incentive ("Incentive Bonus"). The Incentive Bonus shall be in the amount of Twenty- thousand Dollars ($20,000.00) for each and every Calendar Day in which the Contractor has completed all Work required by the Contract Documents prior to the time for Item 2C-4 Contract No. C45240 -2- CONTRACT & BOND FORMS completion set forth in Article 2 of the Contract, but shall under no circumstances exceed Three Hundred Thousand Dollars ($300,000.00). ARTICLE 4. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Million Fifty-seven Thousand Four Hundred Twenty and 00/100 Dollars ($3,057,420.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 5. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 6. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Item 2C-5 Contract No. C45240 -3- CONTRACT & BOND FORMS Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 7. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 8. INDEMNIFICATION AND INSURANCE A. Indemnification 1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful Item 2C-6 Contract No. C45240 -4- CONTRACT & BOND FORMS misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance 1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 Item 2C-7 Contract No. C45240 -5- CONTRACT & BOND FORMS general aggregate, for bodily injury, personal injury, and property damage, and $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions: A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers. 6. Pollution Liability Insurance. Reserved 7. Builder’s Risk Insurance. Reserved C. Other Provisions or Requirements Item 2C-8 Contract No. C45240 -6- CONTRACT & BOND FORMS 1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. Item 2C-9 Contract No. C45240 -7- CONTRACT & BOND FORMS 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Item 2C-10 Contract No. C45240 -8- CONTRACT & BOND FORMS 14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 9. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. Item 2C-11 Contract No. C45240 -9- CONTRACT & BOND FORMS ARTICLE 10. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Item 2C-12 Contract No. C45240 -10- CONTRACT & BOND FORMS IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF PALM DESERT By: L. Todd Hileman, City Manager ATTEST: By: Anthony J. Mejia, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney MATICH CORPORATION By: ROBERT M. MATICH, PRESIDENT By: RANDALL S. VALADEZ, SECRETARY _________149783______________________ Contractor’s License Number and Classification ______1000004260_____________________ DIR Registration Number (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT Item 2C-13 Contract No. C45240 -11- CONTRACT & BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 2C-14 Contract No. C45240 -12- CONTRACT & BOND FORMS BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, (hereinafter referred to as the “City”) has awarded to Matich Corporation, (hereinafter referred to as the “Contractor”) an agreement for Contract No. C45240, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 9, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Matich Corporation, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Million Fifty-seven Thousand Four Hundred Twenty and 00/100 DOLLARS, ($3,057,420), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under Item 2C-15 Contract No. C45240 -13- CONTRACT & BOND FORMS the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Item 2C-16 Contract No. C45240 -14- CONTRACT & BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) Item 2C-17 Contract No. C45240 -15- CONTRACT & BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Item 2C-18 Contract No. C45240 -16- CONTRACT & BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Item 2C-19 Contract No. C45240 -17- CONTRACT & BOND FORMS Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed July 13 , 2023, has awarded to Matich Corporation hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No. C45240 (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 9, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Three Million Fifty-seven Thousand Four Hundred Twenty and 00/100 Dollars ($3,057,420.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of Item 2C-20 Contract No. C45240 -18- CONTRACT & BOND FORMS any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Item 2C-21 Contract No. C45240 -19- CONTRACT & BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Item 2C-22 Contract No. C45240 -20- CONTRACT & BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND Item 2C-23 Item No.Description Quantity Units Unit Cost Total 1 Mobilization 1 LS $290,000.00 $290,000.00 2 Traffic Control 1 LS $180,000.00 $180,000.00 3 Dust Control 1 LS $12,200.00 $12,200.00 4 Earthwork 1 LS $281,000.00 $281,000.00 5 Sawcut, Remove, and Dispose of Existing Concrete and other removals per plan.1 LS $256,540.00 $256,540.00 6 Remove and Dispose of Tree.2 EA $3,535.00 $7,070.00 7 Pulverize Road Section (Depth per plans - Three-step process)310000 SF $.22 $68,200.00 8 Construct Curb and Gutter per Palm Desert Std Dwg 102 modified per plan 250 LF $66.00 $16,500.00 9 Remove and Reconstruct Median Cut- Through with Monolithic Median Curb per City of Palm Desert Std Drawing No. 103 and Concrete Pad. Dowel into Adjacent Curb. 2 EA $2,020.00 $4,040.00 10 Remove and Install Single Wall Heavy Duty 10" Corrugated ADS Drainage Pipe in Parkway Including Trench and Trench Repair.350 LF $205.00 $71,750.00 11 Construct Wedge Curb per Riverside County Std Dwg 202A modified per plan.15 LF $76.00 $1,140.00 12 Construct Curb transition per Riverside County Std Dwg 211 modified per plan.10 LF $71.00 $710.00 13 Construct Sidewalk per Palm Desert Std Dwg 104 2200 SF $6.10 $13,420.00 14 Construct Cross Gutter per Palm Desert Std Dwg 108 5500 SF $18.20 $100,100.00 15 Construct Curb Ramp per Riverside County Std Dwg 403 modified (case per plan)15 EA $5,555.00 $83,325.00 16 Construct Curb Ramp per Caltrans Std Dwg A88B modified (Case per plan)3 EA $5,555.00 $16,665.00 17 Construct Driveway per Riverside County Std Dwg 207 modified 1600 SF $10.10 $16,160.00 18 Construct Drive per Riverside County Std Dwg 207A 2200 SF $13.10 $28,820.00 19 Install flexible crack seal material for PCC joints 30 LF $50.50 $1,515.00 20 Cold mill and pave asphalt concrete overlay - 1.5" depth 5000 SF $3.76 $18,800.00 21 Crack fill and Type II rubberized slurry seal 8000 SF $3.38 $27,040.00 22 Construct Asphalt Concrete Pavement over pulverized base (depth per plan)310000 SF $3.50 $1,085,000.00 23 Construct full-depth asphalt concrete over existing base 70 SF $70.70 $4,949.00 24 Adjust Storm Drain Manhole Frame and Cover to grade 5 EA $1,262.00 $6,310.00 25 Remove existing weir wall in catch basin and construct concrete cap with dowels (per plan)6 EA $14,770.00 $88,620.00 26 Reconstruct Catch Basin and local depression per Riverside County Std Dwg 300 modified and 311 modified (per plan)1 LS $3,156.00 $3,156.00 27 Furnish and Install 4" PVC conduit sleeve (color per plan)2200 LF $61.60 $135,520.00 28 Modify and Restore existing landscape, irrigation, and hardscape as needed to satisfaction of City 1 LS $13,450.00 $13,450.00 29 Replace traffic signal loops per Caltrans Std Dwg ES-5A and ES-5B, and per City of Palm Desert Loop detail 75 EA $424.00 $31,800.00 30 Remove existing pull box and furnish and install to grade new traffic signal pull box 11 EA $2,700.00 $29,700.00 31 Signing and Striping, including all incidentals 1 LS $42,900.00 $42,900.00 32 Furnish and Install 36" (long) x 12" (wide interior, 14" top) x 25" (deep) Concrete Inlet/Cleanout with 6" Wide Walls and Floor and Metal Grate Top.1 EA $12,750.00 $12,750.00 Total Base Bid $2,949,150.00 Item No.Description Quantity Units Unit Cost TotalA-1 Lower and raise CVWD valve 60 EA $1,439.00 $86,340.00A-2 Lower and raise CVWD manhole 17 EA $1,290.00 $21,930.00Total Bid Alternate #1 $108,270.00 Fred Waring Drive Street Rehabilitation Project Base Bid Bid Alternate #1 Matich Corporation Item 2C-24 Item 2C-25 Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: City of Palm Desert – Fred Waring Drive Street Rehabilitation Project 2. Project Applicant: City of Palm Desert 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): In the public right-of-way of Fred Waring Drive from Highway 111 to Monterey Avenue, and Monterey Avenue from Fred Waring Drive to 600’ south of Fred Waring Drive, Palm Desert, CA 92260. 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: Rehabilitate the street section and remove and replace damaged pedestrian and drainage facilities. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: City of Palm Desert. 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 1 (c) – State CEQA Guidelines § Section 15301 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (Public Resources Code (CEQA Statute) § 21080.35) (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: This proposal is for the repair and maintenance of existing public streets, sidewalks, gutters and similar Item 2C-26 Notice of Exemption FORM “B” facilities. 10. Lead Agency Contact Person: Ryan Gayler, Project Manager Telephone: (760) 776-6393 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No 13. Was a public hearing held by the lead agency to consider the exemption?  Yes  No If yes, the date of the public hearing was: July 13, 2023 Signature:__________________________________ Date:_______________ Title: City Engineer  Signed by Lead Agency  Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Item 2C-27 City Council Meeting July 13, 2023 Fred Waring Reha bilita tion Item 2C-28 Project Overview Why: The pavement on Fred Waring between Monterey and Highway 111 must be replaced, or it will soon develop potholes and other failures. What: The project will rehabilitate the street, repair storm drain lines, and bring curb ramps and sidewalks into compliance with ADA requirements. Item 2C-29 Tim eline Communication Plan created and set into motion. Early May Establish lines of communication with key stakeholders. June Begin Construction – 3 month project duration. August Late May Drafted Engage Palm Desert page for the Fred Waring rehabilitation project. July Send out direct mail to affected parties. Schedule community meetings to present the expected impacts to adjacent business owners. Present contract to the City Council for award.November Project completion. Item 2C-30 Communication Channels •Press release/media engagement •BrightSide newsletter (print & digital) •EngagePalmDesert.com •www.PalmDesert.gov •Social Media: Facebook, Twitter, Next Door •Mailed postcards •In-person meetings •Weekly Administrative Update Item 2C-31 Thank You Item 2C-32 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE CROSSINGS AT PALM DESERT APARTMENT PROJECT RECOMMENDATION: 1.Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Sixty Million Dollars $60,000,000.00 (the “Bonds”), to finance the acquisition, construction and development of the 176-unit Crossings at Palm Desert Apartments, a multifamily rental housing project located at located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert, California (the “Project”) and receive public comments. 2.Adopt a resolution in the form attached hereto approving the issuance of the Bonds by CSCDA for the benefit of A0357 Palm Desert, L.P., a California Limited Partnership (the "Borrower") a partnership of which Urban Housing Communities, LLC (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. BACKGROUND/ANALYSIS: On July 14, 2022, the City Council unanimously adopted a resolution approving the development of a 176-unit apartment project, known as “Crossings at Palm Desert Apartments”, located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert. The Borrower is requesting bond financing from the CSCDA in an aggregate principal amount not to exceed Sixty Million Dollars ($60,000,000.00) of tax-exempt revenue bonds to construct the project. CSCDA was formed to provide local governments with tools for the timely financing of public benefit projects. The Project will restrict 100% of the units (174 units) in the Project for rental at affordable rents to individuals and families with incomes that do not exceed the following percentages of the area median income (“AMI”) for Riverside County adjusted for family size for a term of fifty-five (55) years commencing as of the issuance of the certificate of occupancy with the following affordability breakdown: Extremely Low 30% of the AMI or less Very Low 59% of the AMI or less Low 80% of the AMI or less Total Affordable Units 92 47 35 Item 3A-1 City of Palm Desert Crossings at Palm Desert Apartment Project - TEFRA Hearing, Bond Issuance Page 2 of 2 As part of the process to issue bonds, the local agency is required to hold a public hearing and adopt a resolution supportive of the bond issuance. The Bonds to be issued by the CSCDA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not the obligations of the City and will be paid solely from funds provided by the Borrower. Affordable housing development is a priority of the City Council, and therefore staff recommends that the City Council take public testimony during the public hearing and adopt a resolution supporting the Borrower’s request. Strategic Plan: One of the priorities of the City’s Envision Palm Desert Strategic Plan, as part of Land, Use, Housing and Open Space, is to facilitate development of high-quality housing for people of all income levels. This request meets that objective by diversifying the City’s housing stock for lower income households. FINANCIAL IMPACT: There is no direct fiscal impact to the City resulting from the approval of the Borrower’s request. Adoption of a resolution would allow CSCDA to issue housing bonds for the financing of the construction of 176-unit Crossings at Palm Desert Apartment project. REVIEWED BY: Department Director: Eric Ceja Special Counsel: Jim Grayson, Richards, Watson & Gershon Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.City Council Resolution No. _______ 2.City Council Public Hearing Notice 3.Indemnity Agreement 4. Presentation - UHC Public Hearing Item 3A-2 RESOLUTION NO. 2023-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF EXEMPT FACILITY BONDS FOR THE CROSSINGS AT PALM DESERT APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Palm Desert (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, A0357 Palm Desert, L.P., or a partnership of which Urban Housing Communities, LLC (the "Developer"), or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $60,000,000 in outstanding aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction and development of a multifamily rental housing project located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "City Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; Item 3A-3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement. SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. SECTION 4. Neither the City nor its staff have reviewed or considered the financial feasibility of the Project or the expected financing or operation of the Project with regard to any State of California statutory requirements. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. SECTION 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. SECTION 6. This resolution shall take effect immediately upon its passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of July 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 3A-4 Item 3A-5 Item 3A-6 INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is entered into as of July ____, 2023, by and between URBAN HOUSING COMMUNITIES, LLC, a California limited liability company (“UHC”), and the CITY OF PALM DESERT, a California municipal corporation (the “City”), with reference to the following facts and circumstances: R E C I T A L S WHEREAS, A0357 Palm Desert, L.P., a California Limited Partnership, a partnership of which UHC or a related person to UHC is the general partner, has requested that the California Statewide Communities Development Authority (the “CSCDA”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed Sixty Million Dollars ($60,000,000.00) in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction and development of a multifamily rental housing project located at the southeast corner of Dick Kelly Drive and Gateway Drive, Palm Desert, California; and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by CSCDA must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the CSCDA has requested that the City Council approve the issuance of the Bonds by the CSCDA in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement relating to the CSCDA, dated as of June 1, 1988 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and on July 13, 2023 adopted Resolution No. ___ of the City approving the issuance of the Bonds. NOW, THEREFORE, in consideration of the foregoing recitals, and the City’s adoption of Resolution No. ____, UHC and the City agree as follows: 1. Indemnification. From and after the execution of this Agreement, UHC hereby agrees to indemnify, defend (with counsel reasonably acceptable to City) and hold harmless the City and its officers, employees and council members (collectively, the “City Parties”) from and against all legal actions or proceedings, and any other claims, liabilities, losses, judgments, damages, awards, costs and expenses (including reasonable attorneys’ fees and court costs actually incurred by the City Parties) arising directly or indirectly out of or related to the City’s Item 3A-7 -2- P6401-0001\2828123v2.doc approval of the issuance of the Bonds as provided in Resolution No. ___ of the City and adopted on July 13, 2023. 2. Governing Law; Interpretation/Construction of Agreement. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. This Agreement shall be construed according to its fair meaning as if prepared by both parties hereto. 3. Modifications; Waivers. No modifications of this Agreement, shall be effective unless it is in writing and is duly authorized and executed by the parties hereto, and similarly no waiver by either party of any provision of this Agreement shall be effective unless it is in writing and is duly authorized and executed by the waiving party. 4. Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 5. Merger of Prior Agreements and Understandings. This Agreement contains the entire understanding between the parties related to the matters covered by this Agreement and all prior or contemporaneous agreements, understandings, representations and statements, whether oral or written, are merged herein and shall be of no further force or effect. 6. Counterparts; Electronic Delivery. This Agreement may be executed in any number of counterparts which, when taken together, shall constitute a fully-executed original. [Remainder of this page intentionally left blank] [Signatures appear on next page] Item 3A-8 -3- P6401-0001\2828123v2.doc IN WITNESS WHEREOF, UHC and the City have executed this Agreement as of the date first set forth above. URBAN HOUSING COMMUNITIES, LLC, a California limited liability company By: Name: Title: By: Name: Title: CITY OF PALM DESERT, a California municipal corporation By: Name: Kathleen Kelly Title: Mayor ATTEST: Anthony J. Mejia, City Clerk Item 3A-9 Crossings at Palm Desert Public Hearing Item 3A-10 PROPOSED PLAN FOR BOND ISSUANCE •The California Statewide Communities Development Authority (“CSCDA”) is authorized to issue revenue bonds for the purpose of financing multifamily rental housing projects. •The Borrower, a partnership of the Developer has requested that CSCDA adopt a plan of financing providing for the issuance of multi-family housing revenue bonds. •The proposed plan includes the issuance of tax-exempt revenue bonds not to exceed Sixty Million Dollars ($60,000,000.00) for the purpose of constructing the project. •The proposed plan requires the local jurisdiction to hold a public hearing and adopt a resolution supportive of the bond issuance to meet the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986 (“Code”). •The City has no other obligations beyond satisfying the requirements of TEFRA and the Code. •The bonds to be issued by the CSCDA for the financing of this community will be the sole responsibility of the Borrower, including the repayment. •The City has supported and satisfied the requirements of TEFRA and the Code for other developments including The Sands, Vitalia, and Gerald Ford Apartments. Item 3A-11 Crossings at Palm Desert Apartments A multifamily rental housing community located at located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert The proposed 100% affordable housing development will consist of 176 units varying from one-, two- and three-bedroom units. Staff recommends that the City Council take public testimony and adopt the resolution supporting the Borrower’s request. Item 3A-12 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 13, 2023 PREPARED BY: Ryan Gayler, Capital Projects Manager REQUEST: APPROVE A POWER PURCHASE AGREEMENT WITH FOREFRONT POWER FOR THE DESERT WILLOW OVERFLOW LOT PHOTOVOLTAIC PROJECT (PROJECT NO. 777-14/CFA00005) RECOMMENDATION: 1. Conduct a Public Hearing and adopt a Resolution finding that the project will result in net cost savings to the City over the life of the 20-year contract, and finding that the project is categorically exempt from further review pursuant to the requirements of the California Environmental Quality Act (CEQA). 2. Authorize the City Manager to execute the Power Purchase Agreement for the Photovoltaic Systems at the planned Overflow Lot. 3. Authorize the City Manager to negotiate non-monetary changes and clarifications to the agreements, in consultation with the City Attorney, as may be required to carry out the intent of the agreement. EXECUTIVE SUMMARY: On October 13, 2022, the City Council approved and executed agreements for proposed photovoltaic (PV) projects at several City facilities. Shortly thereafter, Public Works staff were directed to research options to reduce the electrical costs at the Desert Willow Golf Resort Club House. An opportunity to construct a carport photovoltaic system at an over-flow parking lot near Desert Willow was identified. The system is sized to offset 100% of the Club House’s electrical usage as well as a portion of the usage from a golf course irrigation pump. This project would be designed, installed, and maintained as part of a Power Purchase Agreement (PPA) formed by the Joint Power Authority (JPA) that the City worked with for the original PV project approved by the City Council in October 2022. The City will be utilizing the same general agreement to add the Desert Willow Overflow Lot location to the original project. The PPA allows the City to receive stable and low-cost electricity with no upfront capital outlay required by the City. The Overflow Parking Lot solar project will generate over 1,300 megawatt hours annually. Over the twenty-year term of the agreement, the City is expected to save over $2.6 Million on electricity bills. BACKGROUND/ANALYSIS: The City Council has long expressed a desire to increase the City’s investment in renewable energy technologies at City Hall, and other city-owned properties. In October 2022, the City Council approved five power purchase agreements with Forefront Power using a program created by a joint powers authority (JPA) which will allow the City to save money on electrical bills by paying a flat rate over the twenty-year term of the agreements. Item 3B-1 City of Palm Desert Desert Willow Overflow Lot Photovoltaic Project After reviewing financial data from the Desert Willow Golf Resort, the City Manager directed staff to look for ways to reduce electrical expenditures at the site. The Desert Willow Golf Resort Club House is the largest user of electricity of all the City’s electrical meters. One solution identified by staff to reduce electrical costs was to install solar panels. However, the Desert Willow Golf Resort was difficult to design for photovoltaic improvements because the most cost effective locations for the photovoltaic system impacted the beautiful view corridors from the club house and golfing areas. An opportunity for cost effective solar to benefit the Desert Willow Clubhouse was identified when the DSRT Surf project was approved. DSRT Surf is required to construct an overflow parking lot for the City on the corner of Desert Willow Drive and Market Place. This parking lot will provide an ideal location for solar carport structures. The system is sized at 786kWdc and will shade almost all the parking spaces. The proposed system will also offset over 1,300 megawatt hours per year of electricity, saving approximately $2.6 million over the twenty-year term of the agreement. Public Works staff teamed up with the same JPA and solar contractor to file an interconnect application before the CPUC’s new rates came into effect. The proposed project will offset 100% of the Desert Willow Club House’s electrical usage, as well as a portion of the usage from a nearby meter dedicated to the irrigation pump near the maintenance facility. About the JPA, SPURR: SPURR issued a statewide RFP to select a solar vendor to evaluate facilities, make recommendations for increasing renewable energy generation, and install solar at pre- negotiated pricing and terms. A comprehensive competitive review process was conducted, and Forefront Power was selected by the JPA as the winning vendor based upon high quality work and low pricing. The JPA brings extensive knowledge and experience from hundreds of PV projects, and they have created an agreement with favorable terms and protections for public agencies. As such, the JPA holds Forefront Power accountable to the terms of the agreement to ensure a successful project. One of the benefits of this program is that Forefront Power conducted a free energy evaluation for the City of Palm Desert. Forefront Power gathered energy usage data from all electrical meters across all city-owned properties. Forefront used this data to identify the original five locations and it enabled them to provide a quick analysis for the Desert Willow Overflow Lot location. Another benefit of the program is that Forefront Power is responsible for the financing, permitting, design, installation, maintenance, and repair of the PV system. Under the PPA, the City will continue to pay the SCE electrical bill (however, at a reduced rate due to the PV solar generation offsetting the need to purchase electricity from SCE). With the anticipated cost savings, the City will also pay a monthly PPA payment to Forefront Power, at a rate of $0.1378 per kWh (kilowatt hour) which will not increase over the life of the contract. Over time, as electrical rates climb, the City will continue to pay the low rate throughout the twenty-year term of the PPA. In addition, there is a clause in the agreement that requires Forefront Power to guarantee the performance of the system so that the City maximizes solar generation and maintains the lowest rates Item 3B-2 City of Palm Desert Desert Willow Overflow Lot Photovoltaic Project possible. The cost of the system, including installation and maintenance is rolled into the monthly power purchase payment. Legal and Peer review: The PPA is very similar to the PPA that was approved in October. Best Best & Krieger (BB&K) has reviewed the legal aspects of the agreement but recommended that the City obtain a consultant to conduct a peer review of the technical aspects of the agreement. The City contracted with NV5 who also reviewed the original five agreements. The team at NV5, are experts in the field of comprehensive sustainable energy planning. BB&K and NV5 have performed a rigorous legal and technical review of the agreement and concluded that the terms of the agreement and assumptions used in the analysis are reasonable. The final agreement went through a negotiation process with Forefront Power. BB&K and NV5 are satisfied with the result. Procurement method: Staff recommends utilizing Section 4217.12 of the Government Code to procure the services of Forefront Power. To use the code the City Council must make a determination finding that the projects will result in net cost savings to the City over the life of the twenty-year agreement. As mentioned previously, the project is expected to save a minimum of $2.6 Million over the twenty- year term and a public hearing was duly noticed to take place two weeks prior to the July 13, 2023 Council meeting to make the requisite determination. Staff is confident in the financial analysis performed by Forefront Power, and the review performed by NV5. BB&K supports the use of Section 4217.12 for this project. Strategic Plan: The installation of Solar Photovoltaic Systems addresses Energy and Sustainability Priority 2 of the City’s 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together, which is to “promote greater use of sustainable materials”. Specifically, installation of photovoltaic systems helps to reduce dependence on the electric grid which generates electricity using non-renewable resources. CEQA: Staff recommends that the City Council find that the project is categorically exempt from CEQA under Class 1 (Section 15311 “Accessory Structures) under the CEQA Guidelines as the project involves the development of an accessory photovoltaic system on an approved parking lot. Additionally, the project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: 1) The project qualifies as a Class 11 exemption, which is not listed as one of the classes under 15300.2 (A). The project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the Coachella Valley Multiple Species Habitat Conservation Plan. 2) The project will not have a cumulative impact on the environment. The proposal does not Item 3B-3 City of Palm Desert Desert Willow Overflow Lot Photovoltaic Project conflict with additional impacts in terms of traffic generation. The proposal will provide carport shade structures within an approved parking area. 3) There are no unusual circumstances on the project site. The project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The project site is located within an Urban area per Fire Hazard Severity Zone maps available from the Riverside County Fire Department and depicted in Figure 8.5 on Page 119 of the General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation; the nearest fault zone is the San Andreas Fault located north of the Palm Desert City Limits. 4) The project site is not located in proximity to any scenic highway. The nearest officially designated scenic highway is Highway 74, located approximately 3.26 miles to the southwest of the project site. 5) The project site is not identified as a historic waste site on any list compiled per Section 65962.5 of the Government Code. 6) The project site does not contain any existing designated historic resource and is not within a designated historic preservation district. FINANCIAL IMPACT: There is no current financial impact with this action. If the City Council approves the agreement with Forefront Power, in the first year, the cost of electricity will increase slightly over the previous year. This is because the City will continue to purchase electricity from SCE (at a reduced amount due to the PV solar generation offset) as well as purchasing electricity that will be generated through the PV system from Forefront Power. Since the PPA rate remains constant over the life of the contract, the City’s rates will remain low. As SCE’s electrical rates increase, the savings to the City will also increase. By the final year of the agreement, the cumulative savings to the City are estimated to be a minimum of $2.6 million. There is incentive to proceed with this project expeditiously and begin development efforts. In their Final Decision, the CPUC included the requirement that all solar projects seeking 20 years of NEM 2.0 legacy treatment, must complete construction prior to April 14, 2026.If construction is not completed prior to this deadline and the project does not receive NEM 2.0 status, the photovoltaic project would likely no longer be economically viable. Staff recommends approval of the power purchase agreement to secure the legacy status on the current favorable NEM 2.0 rates before the proposed NEM 3.0 rates come into effect. REVIEWED BY: Department Director: Jess Culpeper City Attorney: Isra Shah Finance Director: Liberty Urban for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman Item 3B-4 City of Palm Desert Desert Willow Overflow Lot Photovoltaic Project ATTACHMENTS: 1. Power Purchase Agreement – Energy Savings 2. Exhibit A – Independent Review Report 3. Resolution 2023-____ 4. CEQA Notice of Exemption 5. Vicinity Map Item 3B-5 ENERGY SERVICES AGREEMENT – SOLAR Desert Willow Clubhouse Overflow Parking This Energy Services Agreement (“Agreement”) is made and entered into as of this ____ day of ___________, 2023 (or, if later, the latest date of a Party’s execution and delivery to the other Party of this Agreement, the “Effective Date”), between FFP BTM SOLAR, LLC, a Delaware limited liability company (“Provider”), and The City of Palm Desert, a California charter city (“Purchaser”; and, together with Provider, each, a “Party” and together, the “Parties”). RECITALS A.Purchaser desires that Provider install and operate a solar photovoltaic system at the Premises (as hereafter defined) for the purpose of providing Energy Services (as hereafter defined), and Provider is willing to have the Installation Work performed by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed; B.Provider is in the business of designing, constructing, owning, financing, and operating solar photovoltaic systems for the purpose of selling power generated by the systems to its purchasers; C.California Government Code sections 4217.10 et seq. authorizes a public entity to enter into energy service contracts, facility financing contracts, and related agreements to implement the State’s conservation and alternative energy supply source policy; D.Purchaser’s governing body has made those findings required by Government Code section 4217.12 that the anticipated cost to the Purchaser for Energy Services provided by the System under this Agreement is expected to be less than the anticipated marginal cost to the Purchaser of electrical energy that would have been consumed by Purchaser in the absence of its purchase of the Energy Services; E.Provider and Purchaser acknowledged those certain General Terms and Conditions of Energy Services Agreement between FFP BTM Solar, LLC and Purchaser of even date herewith (“General Terms and Conditions”), which are incorporated by reference as set forth herein; and F.The terms and conditions of this Energy Services Agreement, excluding the General Terms and Conditions incorporated herein, constitute the “Special Conditions” referred to in the General Terms and Conditions. In consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1.Incorporation of General Terms and Conditions. The General Terms and Conditions are incorporated herein as if set forth in their entirety. 2.Initial Term. The initial term of this Agreement shall commence on the Effective Date and shall continue for Twenty (20) years from the Commercial Operation Date (as defined in the General Terms and Conditions), unless and until extended or terminated earlier pursuant to the provisions of this Agreement (the “Initial Term”). After the Initial Term, this Agreement may be renewed for an additional five (5) year term (a “Renewal Term”). At least one hundred and eighty (180) days, but no more than three hundred and sixty- five (365) days, prior to the expiration of the Initial Term, Provider shall give written notice to Purchaser of the availability of the Renewal Term. Purchaser shall have sixty (60) days to agree to continuation of this Agreement for the Renewal Term. Absent agreement to the Renewal Term this Agreement shall expire on the Expiration Date. The Initial Term and the subsequent Renewal Term, if any, are referred to collectively as the “Term”. 3.Schedules. The following Schedules hereto are hereby incorporated into this Agreement: Item 3B-6 2 Schedule 1 Description of the Premises, System and Subsidy Schedule 2 Energy Services Payment Schedule 3 Early Termination Fee Schedule 4 Estimated Annual Production Schedule 5 Notice Information Schedule 6 Reserved Schedule 7 Specific Items for Scope of Work Schedule 8 Acknowledgment of Upgrades, Schedule or Scope Change Schedule 9 Site Diagram 4. Privacy. Purchaser acknowledges that the System may collect certain information about Purchaser’s electricity usage and the System performance and that such information may be used by Provider: (i) as necessary to carry out its obligations under this Agreement; and (ii) may be used and shared with third parties in connection with Provider’s other business activities, provided, however, that such information shall be anonymized so as to delete all information which would identify such information to Purchaser. All such information that is identifiable to Purchaser will be stored and processed in the United States. 5. Milestone Dates. 5.1 The Guaranteed Construction Start Date is 450 days from Effective Date provided that the Local Electric Utility is prepared to begin its construction on any required utility, (distribution or transmission), upgrades, if any, and the City has completed construction within the area of solar development (as indicted in Schedule 9). In the event that the Local Electric Utility is not prepared to commence construction on required upgrades, if any are required, or the City has not completed construction within the area of solar development, Provider will be allowed a day for day extension to the Guaranteed Construction Start Date, as defined in the Definitions section of Exhibit A General Terms and Conditions between the Parties. Notwithstanding the foregoing, Purchaser may further instruct Provider to proceed with construction prior to the completion of the Purchaser’s other construction at the site in order to avoid a delay and Provider will reasonably cooperate with such request. In the event Purchaser instructs Provider to begin construction earlier than Provider's anticipated Construction Start Date, Provider will work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay any costs associated with an early construction start including potentially an increase in the kWh rate in Schedule 2. 5.2 The Guaranteed Commercial Operation Date is April 14, 2026, subject to delay if the Local Electric Utility does not complete any required upgrades or inspections in accordance with the project schedule and such delay is not the result of Provider delay in making any applications or completing any required work. 6. Purchase Requirement; Energy Services Payment. “Energy Services” means the supply of electrical energy output from the System . Purchaser agrees to purchase one hundred percent (100%) of the Energy Services generated by the System and made available by Provider to Purchaser during each relevant month of the Term, up to a maximum of one hundred and ten percent (110%) of Estimated Annual Production, as defined in Schedule 4. While the Energy Services are calculated and billed on a per kWh basis as set forth in Schedule 2 of these Special Conditions, they represent a package of services and benefits. 7. Net Energy Metering. 7.1 The Parties acknowledge that the pricing assumes Net Energy Metering (NEM) 2.0 for the Initial Term. Provider filed an interconnection application on behalf of Purchaser prior to April 14, 2023, and received confirmation that the application was grandfathered for NEM 2.0. If, prior to the Commercial Operation Date, (A) Provider fails to keep such interconnection applications in good standing such that the System would not be eligible for NEM 2.0, or (B) the CPUC issues a decision such that the System would not be eligible for NEM 2.0 grandfathering for at least twenty (20) years, Item 3B-7 3 Purchaser may terminate this Agreement with no liability whatsoever, including, but not limited to the Early Termination Fee. The foregoing shall not apply to the extent Provider’s failure is caused by an act or omission by Purchaser in connection with Provider’s submittal of interconnection applications. Provided, however, that in the event of a change in Applicable Law that occurs after the Commercial Operation Date and results in a loss of NEM 2.0 grandfathering, Purchaser shall have no such termination right. Provided further that Purchaser shall ensure any correspondence with the Local Electric Utility regarding the tariff and changes to the interconnection agreement are promptly shared with Provider. 8. Estimated Annual Production. The annual estimate of electricity generated by the system for each year of the initial term is set as forth in Schedule 4 of the Special Conditions (“Estimated Annual Production”). Within sixty (60) days of each annual anniversary of the Commercial Operation Date, Provider will provide a statement to Purchaser that shows the actual annual kWh production from the System for the Term Year, the Estimated Annual Production, and the Minimum Guaranteed Output (defined below). 9. Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of the Estimated Annual Production for a full Term Year (such amount, the “Minimum Guaranteed Output”), other than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption Period), or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser’s Lost Savings on the next invoice or invoices during the following Term Year. If the credit is due in the Term Year of the Term, then Provider shall pay the face value of the credit to Purchaser. The formula for calculating Lost Savings for the applicable Term Year is as follows: Lost Savings = (MGO*WPR - AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro- forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption Period. RV = (ATP - kWh Rate) ATP = Average tariff price, measured in $/kWh, for the Term Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered electricity by the electric utility during such Term Year. kWh Rate = the kWh Rate in effect for the applicable Term Year(s), measured in $/kWh. If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings payment shall occur no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurred. 10. Allowed Disruption Time. Notwithstanding the provisions in Section 4.3 of the General Terms and Conditions to the contrary, during years 4 through 20 (but not years 1 through 3) of the Term, Purchaser shall be afforded a one-time allocation of fifteen (15) days which may be used consecutively or in separate periods of at least twenty-four (24) hours each (“Allowed Disruption Time”) during which the System shall be rendered non-operational. Purchaser shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Purchaser be required to reimburse Provider for any Item 3B-8 4 other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes, and Provider shall be credited for the estimated lost production the System would have produced during such Allowed Disruption Time toward satisfaction of its Minimum Guaranteed Output, as set forth in Section 8 of the Special Conditions, such estimated lost production to be calculated in the same manner as set forth in Section 4.3 of the General Conditions. 11. Distribution Upgrades, Scope and Schedule Changes. a. For any distribution upgrades required or changes to the scope of Installation Work made pursuant to Schedule 2 of the Special Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 8 detailing (i) the description of the distribution upgrades or change in scope of the Installation Work (ii) the amount of the adjustment in the kWh Rate and Early Termination Fee that corresponds to such costs, if any (iii) changes to the Estimated Annual Production in Schedule IV, if any, and (iv) any change to the Guaranteed Construction Start Date and Guaranteed Commercial Operation Date resulting from such upgrades or scope changes; b. For any day for day extensions made pursuant to Section 2.2(b) of the General Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 8 detailing (i) the circumstances that warrant such day for day extension and (ii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date; c. For any extensions that are not made pursuant to Section 2.2(b) of the General Conditions, Provider may request extensions to the Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date to the extent that Provider can demonstrate to Purchaser that Provider is seeking such extension for good cause. Purchaser in its sole discretion may approve such extension(s) by executing an acknowledgment in the form attached hereto as Schedule 8 on which Provider details (i) the circumstances for which Provider deems good cause for such extension(s), (ii) the actions that Provider is taking to complete the System on a schedule agreeable to the Purchaser and (iii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date. For the avoidance of doubt, Purchaser designates [Insert Name(s) or Post(s) of person(s) authorized to Execute] as authorized to execute the acknowledgment form attached hereto as Schedule 8 provided the terms of such acknowledgment comply with this Section 11. 12. Sunlight Access. Purchaser will take all reasonable actions as necessary to prevent other buildings, structures or flora from overshadowing or otherwise blocking access of sunlight to the System. 13. Use of System. Purchaser will not use electrical energy generated by the System for the purposes of heating a swimming pool within the meaning of Section 48 of the Internal Revenue Code. [signature page follows] Item 3B-9 5 IN WITNESS WHEREOF and in confirmation of their consent to the terms and conditions contained in this Agreement and intending to be legally bound hereby, Provider and Purchaser have executed this Agreement as of the Effective Date. “PURCHASER”: CITY OF PALM DESERT By:___________________________ Name: Title: Date: “PROVIDER”: FFP BTM SOLAR, LLC By:___________________________ Name: Title: Date: Item 3B-10 6 SCHEDULES I. Schedule 1 – Description of the Premises, System and Subsidy A. Premises Adjacent to Market Place Drive & Desert Willow Drive Site diagram attached:  Yes No B. Description of Solar System Behind the meter, grid interconnected, canopy mounted solar. Solar System Size: 786.24kW (DC) (this is an estimate (and not a guarantee) of the System size; Provider may update the System Size prior to the Commercial Operation Date.) C. Anticipated Subsidy or Rebate $0 D. Interconnection Baseline Cost $0 E. Anticipated Investment Tax Credit Rate for Provider 30% II. Schedule 2 – Energy Services Payment Purchaser shall pay to Provider a monthly payment (the “Energy Services Payment”) for the Energy Services provided by the System during each calendar month of the Term equal to the product of (x) Actual Monthly Production for the System for the relevant month multiplied by (y) the kWh Rate. The “Actual Monthly Production” means the amount of energy recorded by Provider’s metering equipment during each calendar month of the Term. The kWh Rate with respect to the System under this Agreement shall be in accordance with the following schedule: PPA Rate Table Term Year kWh Rate ($/kWh) Term Year $/kWh Rate ($/kWh) 1 $0.1378 11 $0.1378 2 $0.1378 12 $0.1378 3 $0.1378 13 $0.1378 4 $0.1378 14 $0.1378 5 $0.1378 15 $0.1378 6 $0.1378 16 $0.1378 7 $0.1378 17 $0.1378 8 $0.1378 18 $0.1378 9 $0.1378 19 $0.1378 10 $0.1378 20 $0.1378 Item 3B-11 7 Potential Price Adjustment for Cost Savings. Provider and Purchaser acknowledge that there may be an opportunity for additional cost savings with respect to the construction and interconnection of the System as a result of changes in the Investment Tax Credit pursuant to the Inflation Reduction Act of 2022 and that a decrease in the kWh Rate may be appropriate to allow Purchaser to share in such savings once the scope and nature of the changes have been fully analyzed. To the extent that Provider is able to achieve such savings, Provider and Purchaser will meet and confer in good faith to discuss an equitable adjustment in the kWh Rate, provided, however, that any change in the kWh Rate will be subject to a written amendment to this Agreement. Distribution Upgrades. The pricing set forth in this Agreement is based on the assumption that the total cost of Local Electric Utility upgrade costs in connection with the interconnection of the System with the Local Electrical Utility will not exceed the Interconnection Baseline Cost. In the event that distribution upgrade costs required by the Local Electric Utility exceed the Interconnection Baseline Cost, then Provider will give written notice of the additional cost to Purchaser and within sixty (60) days of Purchaser’s receipt of such notice, Purchaser will provide written notice (email is acceptable) to Provider of Purchaser’s election of one of the following options: a. Purchaser will bear all the distribution upgrade costs in excess of the Interconnection Baseline Cost, and the kWh Rates stated in the PPA Rate Table will remain unchanged. Purchaser shall make payments directly to the Local Electric Utility in accordance with the requirements of the Local Electric Utility; or b. Purchaser may elect to have Provider finance such costs, in which case for every $0.01 per watt DC of such distribution upgrade costs incurred by Provider, the kWh rate in the PPA Rate Table will increase (i) $0.0007 per kWh if the cost of the upgrades are not ITC eligible; or (ii) $.00043 per kWh if the costs are ITC eligible. Scope Changes (ITC Eligible). If changes in project scope occur that are eligible for the Federal Investment Tax Credit (including but not limited to adverse geotechnical conditions or the inclusion of spare conduit) and the costs directly related to such changes go beyond those contemplated as part of the development and implementation of the System in this Agreement, then Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such increase in costs to Purchaser. Within sixty (60) days after Purchaser receives such documentation, Purchaser will provide written notice to Provider of Purchaser’s election of one of the following options: a. Purchaser will bear all of the reasonably documented scope change costs, and the kWh rate as stated in Table 1 will remain unchanged; or b. Purchaser may elect to have Provider finance such costs, in which case for every $0.01 per watt DC of such costs, the kWh rate in Table 1 will increase $0.00043 per kWh. Scope Changes (Non-ITC Eligible). If changes in project scope occur that are not eligible for the Federal Investment Tax Credit (including but not limited to ADA compliance costs not related to System configuration or construction) and the costs directly related to such changes go beyond those contemplated as part of the development and implementation of the System in this Agreement , then Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such costs to Purchaser. Within sixty (60) days after Purchaser receives such documentation, Purchaser will provide written notice to Provider of Purchaser’s election of one of the following options: a. Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in the PPA Rate Table will remain unchanged.; or b. Purchaser may elect to have Provider finance such costs, in which case for every $0.01 per watt DC of such associated costs, the kWh rate in the PPA Rate Table will increase $0.00058 per kWh.. Purchaser Additional Cost Limitation; Termination Rights. Notwithstanding the election by Purchaser to pay for excess costs associated with Distribution Upgrades and/or Scope Changes pursuant to this Schedule 2 via incremental increases in the kWh Rate, in no event will Purchaser by responsible for an incremental rate increase in excess of $0.0211 per kWh in the aggregate, nor shall Purchaser be required to pay any lump sum amount for excess costs that are not covered as a result of such limitation. Provider will have the option, but not the obligation, to absorb excess cost which exceed the obligation of Purchaser pursuant to this Schedule 2. If Provider notifies Purchaser that it does not intend to absorb such costs and the System is no longer financially viable, then either party will have the right to terminate this Agreement and Provider will remove the System pursuant to Section 2.4 of the General Conditions. Item 3B-12 8 III. Schedule 3 – Early Termination Fee The Early Termination Fee with respect to the System under this Agreement shall be calculated in accordance with the following: Early Termination Occurs in Year: Column 1 Early Termination Fee where Purchaser does not take Title to the System ($/Wdc including costs of removal) Purchase Date Occurs on the 91st day following: (Each “Anniversary” below shall refer to the anniversary of the Commercial Operation Date) Column 2 Early Termination Fee where Purchaser takes Title to the System ($/Wdc, does not include costs of removal) 1* $4.37 -- 2 $3.44 -- 3 $3.25 -- 4 $3.13 -- 5 $3.04 -- 6 $2.96 5th Anniversary $2.46 7 $2.92 6th Anniversary $2.42 8 $2.90 7th Anniversary $2.40 9 $2.89 8th Anniversary $2.39 10 $2.87 9th Anniversary $2.37 11 $2.85 10th Anniversary $2.35 12 $2.84 11th Anniversary $2.34 13 $2.83 12th Anniversary $2.33 14 $2.82 13th Anniversary $2.32 15 $2.81 14th Anniversary $2.31 16 $2.80 15th Anniversary $2.30 17 $2.79 16th Anniversary $2.29 18 $2.79 17th Anniversary $2.29 19 $2.78 18th Anniversary $2.28 20 $2.78 19th Anniversary $2.28 At Expiration (the end of the Initial Term), the amount in Column 1 shall be deemed to be zero (0). *Includes Early Termination prior to the Commercial Operation Date. Upon the payment of the Early Termination Fee in Column 2, Provider will transfer title to the System to Purchaser, free and clear of any encumbrances. IV. Schedule 4 – Estimated Annual Production Estimated Annual Production commencing on the Commercial Operation Date with respect to System under this Agreement shall be as follows: Term Year Estimated Production (kWh) Term Year Estimated Production (kWh) 1 1,345,257 11 1,279,487 2 1,338,530 12 1,273,090 3 1,331,838 13 1,266,724 Item 3B-13 9 4 1,325,179 14 1,260,391 5 1,318,553 15 1,254,089 6 1,311,960 16 1,247,818 7 1,305,400 17 1,241,579 8 1,298,873 18 1,235,371 9 1,292,379 19 1,229,194 10 1,285,917 20 1,223,048 The values set forth in the table above are estimates (and not guarantees), of approximately how many kWhs are expected to be generated annually by the System assuming the System size indicated in Schedule 1 and based on initial System designs. Provider may deliver to Purchaser an updated table on or about the Commercial Operation Date based on the actual System size and design. V. Schedule 5 – Notice Information Purchaser: City of Palm Desert c/o City Manager 73510 Fred Waring Drive Palm Desert, CA 92260 Provider: FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Director, Energy Services 100 Montgomery St., Suite 725 San Francisco, CA 94104 With a copy to FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Legal Department 100 Montgomery St., Suite 725 San Francisco, CA 94104 Email: FPLegal@forefrontpower.com Financing Party: [To be provided by Provider when known] VI. Schedule 6 – Reserved VII. Schedule 7 –Specific Items for Scope of Work 1.1. All System structures shall be permitted through the City of Palm Desert Department of Building and Safety as carports or shade structures, as applicable. Provider shall complete all work necessary for permits to be issued on behalf of the project(s). 1.2. Provider and Purchaser are operating under the assumption that the premises will be eligible for a CEQA Notice of Exemption (NOE), and that a special use, conditional use, or zoning permit will not be required. Provider assumes that Purchaser, as lead agency, will issue a Notice of Exemption for CEQA. Upon request, Provider shall provide such limited support as necessary to Purchaser to obtain the NOE, including, if necessary, biological study and associated consultant statement and summary citing exemptions applicable. Provider shall not be responsible for costs or delays associated with any unforeseen required CEQA studies, special Item 3B-14 10 use, conditional use, or zoning permits, or mitigations that may result from a CEQA submittal and public comment. 1.3. Solar arrays will be canopy height of 13’6” minimum clearance. 1.4. Provider shall be responsible for all tree trimming and tree removal in order to facilitate the installation of the Systems. Provider will remove tree such that area is flush with grade. Purchaser shall acknowledge and approve removal of trees identified by Provider, in order to install the system and such approval shall not be unreasonably withheld. Purchaser shall be responsible for the costs associated with afforestation or reforestation for any trees removed. Purchaser can elect to address afforestation or reforestation itself, or require that Provider address it through the change order process described in Schedule 2. Irrigation re-routing shall not be the responsibility of the Provider. 1.5. Provider intends to furnish a new 480V service intended solely for interconnection and auxiliary loads of the System. The Provider shall interconnect the System to this Provider-owned service equipment. Provider assumes that the future service equipment may be installed at the location indicated in Schedule 9 – Site Diagram. Purchaser shall be responsible for additional costs imposed by the Local Electric Utility for its scope of work up to the service point. Provider shall work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay such additional costs, if any, including potentially an increase in the kWh rate in accordance with the provisions for Scope Changes (Distribution, Transmission, and Electrical Infrastructure Upgrades) in Schedule 2. 1.6. Provider shall be responsible for all fees associated with the interconnection application, except that Provider shall not be responsible for transmission and distribution upgrades determined necessary by the Local Electric Utility in excess of the Interconnection Baseline Cost. 1.7. Provider excludes all ADA related work. Should any excluded items for ADA-compliance be required, Provider will work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay the costs associated with such upgrades in accordance with the process for Scope Changes pursuant to Schedule 2. 1.8. Provider acknowledges that carport structures will be built within planned paved parking areas and that the cost of pavement removal and repaving for the installation of footings and any underground conduit will be included in the System Cost Estimate and is the responsibility of Provider. Provider assumes that soil conditions are such that are do not create problematic construction limitations, including caving, ground water intrusion, or hard drilling conditions. Provider assumes a maximum required pier depth of 10’ and diameter of 30”. If soil conditions prove to be more adverse than these assumptions, Provider shall not be responsible for such additional expenses. Provider shall work with Purchaser in good faith to determine a mutually acceptable solution for Purchaser to pay such additional costs, including potentially an increase in the kWh rate in Schedule 2. Prior to any boring or trenching, Provider will consult a local database of underground utility installations as well as on site ground penetrating radar or equivalent (collectively, “Underground Investigations”) and will be solely responsible for any damage to third party underground facilities or equipment that is identifiable via Underground Investigations and for any facilities or equipment actually disclosed by Purchaser. Purchaser will notify Provider of any such installations that are known to Purchaser. 1.9. Provider agrees to construct the System in no more than 1 construction phases. 1.10. Provider shall be responsible for all inspection and inspector costs associated with the installation of the system. VIII. Schedule 8 –Acknowledgment of Upgrades, Schedule or Scope Change Item 3B-15 11 Upgrades, Scope and/or Schedule Change Acknowledgment This Acknowledgment is made in accordance with Section 10 of the Special Conditions, as defined in that Energy Service Agreement – [Solar], between [PURCHASER] (“Purchaser”) and FFP BTM Solar, LLC (“Provider”), dated [_________, 20___] (the “Agreement”). Upon execution by both Purchaser and Provider, this Acknowledgment shall be effective as of [INSERT DATE] (the “Acknowledgment Effective Date”). 1. Type of Change: Distribution Upgrades Scope Changes (ITC Eligible) Scope Changes (Non-ITC Eligible) Day for Day Extension Extension for Good Cause 2. Description of Change [INSERT DESCRIPTION AND IF PROVIDER SEEKING EXTENSION FOR GOOD CAUSE, PROVIDER TO DETAIL CIRCUMSTANCES AND ACTIONS PROVIDER IS TAKING TO COMPLETE SYSTEM ON AGREED UPON SCHEDULE] 3. kWh Rate and Early Termination Fee [IF NO IMPACT TO RATE OR ETF THEN DELETE] [INSERT UPDATED KWH RATE AND EARLY TERMINATION FEE TABLE] 4. Estimated Annual Production [IF NO IMPACT TO ESTIMATED ANNUAL PRODUCTION THEN DELETE] [INSERT UPDATED SCHEDULE 4 ESTIMATED ANNUAL PRODUCTION TABLE] 5. Updated Guaranteed Construction Start Date and Guaranteed Commercial Operation Date [IF NO IMPACT TO CLIFF DATES THEN DELETE] The Parties hereby agree that the Guaranteed Construction Start Date and the Guaranteed Commercial Operation Date as defined in the Agreement are updated as follows: Guaranteed Construction Start Date: [__________] Guaranteed Commercial Operation Date: [__________] The Parties hereby acknowledge and confirm the terms set forth herein as of the Acknowledgment Effective Date. [PURCHASER] FFP BTM Solar, LLC By: By: Name: Name: Title: Title: Item 3B-16 12 IX. Schedule 9 – Site Diagram Item 3B-17 Item 3B-18 Item 3B-19 Item 3B-20 Item 3B-21 Item 3B-22 Item 3B-23 Item 3B-24 Item 3B-25 Item 3B-26 Item 3B-27 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION AND MAKING FINDINGS ON ENERGY SAVINGS AND DETERMINING OTHER MATTERS IN CONNECTION WITH AN ENERGY SERVICE AGREEMENT WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources; and WHEREAS, The City of Palm Desert (“City”) desires to reduce the rising costs of meeting the energy needs at its facilities; and WHEREAS, the City proposes to enter into a power purchase agreement (“Power Purchase Agreement”) and related contract documents with FFP BTM SOLAR, LLC , dba Forefront Power (“Supplier”) for a facility at the City’s real property site, pursuant to which Power Purchase Agreement Supplier will design, construct, and install on City property solar photovoltaic facilities and arrange with the local utility for interconnection of the facilities, which will generate energy that will be delivered to the local utility and credited to the City to offset the City’s energy costs; and WHEREAS, the City has obtained an independent analysis from an energy consultant, NV5, showing the financial and other benefits of entering into the Power Purchase Agreement, which analysis is attached hereto as Exhibit A and made part hereof by this reference; and WHEREAS, Exhibit A includes data showing that the anticipated cost to the City for the electrical energy provided by the solar photovoltaic facilities will be less than the anticipated cost to the City of electrical energy that would have been consumed by the City in the absence of such measures; and WHEREAS, Supplier was the selected vendor for School Project for Utility Rate Reduction’s (“SPURR”) Renewable Energy Aggregated Procurement (“REAP”) Program, a competitive statewide solar request for proposals (“RFP”) process, and the City adopts the REAP Program’s competitive process as its own. WHEREAS, the City proposes to enter into the Power Purchase Agreement and related contract documents, each in substantially the form presented at this meeting, subject to such changes, insertions or omissions as the City Manager reasonably deems necessary following the City Council’s adoption of this Resolution; and WHEREAS, pursuant to Government Code section 4217.12, this City Council held a public hearing, public notice of which was given two weeks in advance, to receive public comment, and to make a determination of cost savings; and WHEREAS, the Power Purchase Agreement is in the best interests of the City; and Item 3B-28 WHEREAS, the City’s proposed approval of the Power Purchase Agreement is a “Project” for purposes of the California Environmental Quality Act (“CEQA”); and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the City has determined that the project will not have a significant impact on the environment and that the project is categorically exempt pursuant to Section 15311 (Class 11 – “Accessory Structures”) of the State CEQA Guidelines as the project involves the development of six carport structures and an integrated photovoltaic solar energy system. Additionally, the project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: 1) The project qualifies as a Class 11 exemption, which is not listed as one of the classes under 15300.2 (A). The project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the Coachella Valley Multiple Species Habitat Conservation Plan. 2) The project will not have a cumulative impact on the environment. The proposal does not conflict with additional impacts in terms of traffic generation. The proposal will provide carport shade structures within an approved parking area. 3) There are no unusual circumstances on the project site. The project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The project site is located within an Urban area per Fire Hazard Severity Zone maps available from the Riverside County Fire Department and depicted in Figure 8.5 on Page 119 of the General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation; the nearest fault zone is the San Andreas Fault located north of the Palm Desert City Limits. 4) The project site is not located in proximity to any scenic highway. The nearest officially designated scenic highway is Highway 74, located approximately 3.26 miles to the southwest of the project site. 5) The project site is not identified as a historic waste site on any list compiled per Section 65962.5 of the Government Code. 6) The project site does not contain any existing designated historic resource and is not within a designated historic preservation district. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: SECTION 1. The terms of the Power Purchase Agreement and related agreements are in the best interests of the City. Item 3B-29 SECTION 2. In accordance with Government Code section 4217.12, and based on data provided by Exhibit A, the City Council, at a duly noticed public hearing, has made the determination that the anticipated cost to the City for electrical energy provided by the Power Purchase Agreements will be less than the anticipated cost to the City of electrical energy that would have been consumed by the City in the absence of the Power Purchase Agreements. SECTION 3. The City Council hereby approves the Power Purchase Agreements in accordance with Government Code section 4217.12. SECTION 4. The City’s City Manager is hereby authorized and directed to negotiate such further non-monetary changes and clarifications, as he reasonably deems necessary, in consultation with the City Attorney, to finalize the Agreements for execution, and thereafter to execute and deliver the Power Purchase Agreements following the City Council’s adoption of this Resolution. The City’s City Manager is further authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and said agreements. SECTION 5. The Project is hereby found to be categorically exempt from the requirements of CEQA pursuant to the Section 15311 Class 11, as described above. SECTION 6. City staff are hereby authorized to file and process a Notice of CEQA Exemption for the Project in accordance with CEQA and the State CEQA Guidelines, and the findings set forth in this resolution. ADOPTED on July 13, 2023. _____________________________ KATHLEEN KELLY, MAYOR ATTEST: _____________________________ ANTHONY J. MEJIA, MMC CITY CLERK Item 3B-30 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-___ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20__. ANTHONY J. MEJIA CITY CLERK Item 3B-31 Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: City of Palm Desert – Overflow Lot Photovoltaic Project 2. Project Applicant: City of Palm Desert 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): Adjacent to Market Place Drive & Desert Willow Drive, Palm Desert, CA 92260. In a planned parking lot for Overflow Parking. 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: A request to install solar carport canopies for generating electricity. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: City of Palm Desert. 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 11 – State CEQA Guidelines § Section 15311 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (Public Resources Code (CEQA Statute) § 21080.35) (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: This proposal is for the installation of an accessory photovoltaic system within a planned parking lot under Item 3B-32 Notice of Exemption FORM “B” §15311, and the project is not subject to any of the exceptions for exemptions identified in exceptions for categorical exemptions identified in CEQA Guidelines Section §15300.2: 1) The project qualifies as a Class 11 exemption, which is not listed as one of the classes under 15300.2 (A). The project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the Coachella Valley Multiple Species Habitat Conservation Plan. 2) The project will not have a cumulative impact on the environment. The proposal does not conflict with additional impacts in terms of traffic generation. The proposal will provide carport shade structures within an approved parking area. 3) There are no unusual circumstances on the project site. The project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The project site is located within an Urban area per Fire Hazard Severity Zone maps available from the Riverside County Fire Department and depicted in Figure 8.5 on Page 119 of the General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation; the nearest fault zone is the San Andreas Fault located north of the Palm Desert City Limits. 4) The project site is not located in proximity to any scenic highway. The nearest officially designated scenic highway is Highway 74, located approximately 3.26 miles to the southwest of the project site. 5) The project site is not identified as a historic waste site on any list compiled per Section 65962.5 of the Government Code. 6) The project site does not contain any existing designated historic resource and is not within a designated historic preservation district. 10. Lead Agency Contact Person: Ryan Gayler, Project Manager Telephone: (760) 776-6393 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No 13. Was a public hearing held by the lead agency to consider the exemption?  Yes  No If yes, the date of the public hearing was: July 13, 2023 Signature:__________________________________ Date:_______________ Item 3B-33 Notice of Exemption FORM “B” Title: Capital Projects Manager  Signed by Lead Agency  Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Item 3B-34 Item 3B-35 [This page has intentionally been left blank.]