HomeMy WebLinkAboutPost-Meeting Agenda Package - Combined with supplementals - Regular Meeting_Oct12_2023
PALM DESERT CITY COUNCIL
REGULAR MEETING POST-MEETING AGENDA
Thursday, October 12, 2023
3:30 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and the Palm Desert Housing Authority. 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 attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at 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:
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: CouncilMeetingComments@palmdesert.gov.
Emails 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
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833
6744 9572.
1.
OPTION 3: LIVE VIA TELEPHONE
(213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1.
Indicate that you are a participant by pressing # to continue.2.
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.
3.
Pages
1.CALL TO ORDER - CLOSED SESSION - 3:30 P.M.
2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
This time has been set aside for members of the public to address the City
Council on items contained only on the Closed Session Agenda within the three-
minute time limit. Speakers may utilize one of the three options listed on the first
page of this agenda.
3.RECESS TO CLOSED SESSION
4.CLOSED SESSION AGENDA
4.a Closed Session Meeting Minutes: September 28, 2023
4.b Conference with Real Property Negotiations pursuant to Government Code
Section 54956.8
4.b.1 PROPERTY DESCRIPTION: 45653 PORTOLA AVENUE, APN 627-
351-010
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: N/A
Under Negotiation: Price and Terms
5.ROLL CALL - REGULAR MEETING - 4:00 P.M.
6.PLEDGE OF ALLEGIANCE
Councilmember Nestande
7.INSPIRATION
Councilmember Harnik
8.REPORT OF CLOSED SESSION
City Attorney Hargreaves
9.AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION - COMMUNITY PLANNING MONTH 11
9.b PRESENTATION - MCCALLUM THEATRE 13
10.CITY MANAGER COMMENTS
11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
12.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 utilize one of
the three options listed on the first 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.
City Council Meeting
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13.CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be
approved by one motion. The public may comment on any items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by
the City Council for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND
HOUSING AUTHORITY MINUTES
29
RECOMMENDATION:
Approve the Minutes of September 28, 2023.
13.b APPROVAL OF WARRANTS 39
RECOMMENDATION:
Approve the warrants issued for the period 8/28/2023 to 9/28/2023.
13.c ACCEPT RESIGNATION FROM THE EL PASEO PARKING AND
BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS
63
RECOMMENDATION:
With regret, accept the resignation of Sonia Campbell from the El Paseo
Parking and Business Improvement District (EPPBID) Board of Directors.
13.d ACCEPT RESIGNATION FROM THE JOSLYN COVE SENIOR CENTER
BOARD
65
RECOMMENDATION:
With regret, accept the resignation of Peg Leo from The Joslyn Cove
Senior Center Board effective immediately.
13.e AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR THE
SALE OF CITY-OWNED PROPERTY WITH ASSESSORS PARCEL
NUMBERS 625-082-022 AND 625-082-023 SUBJECT TO RECEIPT OF A
SURPLUS LAND COMPLIANCE LETTER FROM THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
67
RECOMMENDATION:
Authorize the release of a Request for Proposals (RFP) for the sale of city-
owned parcels with APN(s) 625-082-022 and 625-082-023, subject to
receipt of a Surplus Land Act (SLA) compliance letter from the Department
of Housing and Community Development (HCD).
City Council Meeting
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13.f APPROVE CHANGE ORDER NO. 1 TO CONTRACT HA45140 WITH
JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE
FURNISHING AND INSTALLATION OF 10 CARPORTS AT ONE QUAIL
PLACE IN THE AMOUNT OF $601,000 (PROJECT CHA00003)
71
RECOMMENDATION:
Approve Change Order No. 1 to Contract HA45140 with
Jacobsson Engineering Construction, Inc., for the furnishing and
installation of 10 carports at One Quail Place in the amount of
$601,000.
1.
Authorize additional 10% contingency in the amount of $60,100 for
unforeseen conditions.
2.
Appropriate $661,100 to Account Number No. 8714195-4331100
from the Housing Authority’s Committed Reserve Funds.
3.
Authorize the Executive Director or his designee to take any
necessary actions to facilitate the agreement, to execute the
Change Order and any documents necessary to effectuate the
actions taken herewith.
4.
13.g AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR
HD SUPPLY FACILITIES MAINTENANCE, LTD., IN THE AMOUNT OF
$10,000 FOR FISCAL YEAR 2022/23
77
RECOMMENDATION:
Authorize an increase of $10,000 to the not to exceed amount of HD
Supply Facilities Maintenance in Fiscal Year 2022/23 for an aggregate
amount of $220,000.
13.h HOUSING AUTHORITY - AUTHORIZE THE USE OF QUILL, LLC, AND
NATIONAL SERVICES COMPANY DBA WAXIE SANITARY SUPPLY
FOR THE PURCHASE OF OFFICE, JANITORIAL, AND SANITARY
SUPPLIES FOR THE PALM DESERT HOUSING AUTHORITY FOR
FISCAL YEAR 2023/24
79
RECOMMENDATION:
Authorize the use of, and establish an account with, Quill, LLC, for
the purchase of office supplies for the management of the Housing
Authority properties pursuant to Section 3.30.160 (E) of the Palm
Desert Municipal Code in an amount not to exceed $53,700 for
Fiscal Year 2023/24.
1.
Authorize the use of, and establish an account with, National
Services Company dba Waxie Sanitary Supply for the purchase of
janitorial and sanitary supplies for the Housing Authority properties
pursuant to Section 3.30.160 (E) of the Palm Desert Municipal
Code in an amount not to exceed $32,340 for Fiscal Year 2023/24.
2.
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13.i RATIFY A LETTER OF SUPPORT FOR COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS’ RECONNECTING COMMUNITIES
PROGRAM FUNDING REQUEST FOR THE ACCESS INDIAN CANYON
DRIVE PROJECT
85
RECOMMENDATION:
Ratify a letter of support for the Coachella Valley Association of
Governments’ (CVAG) Reconnecting Communities Program funding
request for the ACCESS Indian Canyon Drive Project.
13.j RECEIVE AND FILE THE INVESTMENT REPORT, GENERAL FUND,
PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT
FINANCIAL REPORTS FOR YEAR ENDING JUNE 30, 2023, AND
MONTH ENDING AUGUST 30, 2023
91
RECOMMENDATION:
Receive and file the monthly Investment Report, General Fund, Parkview
Office Complex, and Desert Willow Golf Resort Financial Reports for the
year ending June 30, 2023, and month ending August 30, 2023.
13.k TROPICAL STORM HILARY RECOVERY UPDATE 233
RECOMMENDATION:
Receive and file update on the August 2023 Weather Event Storm
Recovery and Redevelopment.
14.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
City Council Meeting
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14.a AWARD OF CONTRACT NO. HA46390 FOR AFFORDABLE HOUSING
COMPLIANCE AND PROPERTY MANAGEMENT SERVICES TO
FALKENBERG/GILLIAM AND ASSOCIATES, INC., FOR A FIVE-YEAR
TERM, WITH AN INITIAL ANNUAL COST FOR CALENDAR YEAR 2024
IN AN AMOUNT NOT TO EXCEED $655,032 (HA)
235
RECOMMENDATION:
Approve the award of Contract No. HA46390 for Affordable
Housing Compliance and Property Management Services for the
Authority-owned Properties to Falkenberg/Gilliam and Associates,
Inc., for a five (5) year term, with an initial cost for calendar year
2024 in an amount not to exceed $655,032 with prescribed
allowable increases for subsequent years as noted in the contract.
1.
Authorize staff to finalize a contract (also referred to as the
“Agreement”) with Falkenberg Gilliam & Associates, Inc.,
consistent with the terms of the RFP with non-substantive
modifications concurred upon by the Executive Director and legal
counsel.
2.
Authorize an appropriation in the amount of $13,368 from the
Housing Authority’s Unobligated Fund Balance to the appropriate
professional service accounts.
3.
Authorize the Chairperson to execute the Agreement and the
Executive Director to execute any documents necessary to
facilitate the contract award and implementation.
4.
14.b INTRODUCTION OF ORDINANCE NO. 1401 AMENDING CHAPTER 5.04
OF THE PALM DESERT MUNICIPAL CODE REGARDING BUSINESS
LICENSING AND TAXING PROCEDURES, AND MAKING A FINDING OF
EXEMPTION UNDER CEQA
359
RECOMMENDATION:
Introduce Ordinance No. 1401 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING
CHAPTER 5.04 REGARDING BUSINESS LICENSING AND TAXING AND
MAKING FINDINGS UNDER CEQA.”
City Council Meeting
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14.c AWARD CONTRACT NO. C45460 TO YUNEX, LLC, FOR THE TRAFFIC
SIGNAL MODIFICATIONS AND HARDWARE UPGRADES IN THE
AMOUNT OF $244,995 (PROJECT N0.MTS00001)
377
RECOMMENDATION:
Award Contract No. C45460 to Yunex, LLC, of Riverside,
California, for the Traffic Signal Modifications and Hardware
Upgrades in the amount of $244,995.
1.
Authorize the Director of Finance to set aside a contingency in the
amount of $50,000 for unforeseen conditions.
2.
Authorize the City Manager to review and approve written requests
for the use of contingency per Section 3.30.170 of the Palm Desert
Municipal Code.
3.
Authorize the City Manager to execute the agreement.4.
Authorize the City Manager to execute the Notice of Completion
(NOC) and the Secretary to file the NOC upon satisfactory
completion of the Project.
5.
14.d AWARD CONTRACT NO. C46400 TO SPORTS FACILITIES
MANAGEMENT, INC., FOR THE MANAGEMENT AND OPERATION OF
THE PALM DESERT AQUATIC CENTER
411
RECOMMENDATION:
At the request of City staff, this matter will be continued to the City Council
meeting of October 26, 2023. Furthermore, Mayor Kelly has appointed a
Council Subcommittee to consider all the factors relevant to Item 14d on
this week's agenda and collaborate with staff on a supplemental report.
The Mayor has appointed Councilmember Evan Trubee as liaison to the
Parks & Recreation Committee and Councilmember Jan Harnik, as the
sole current Councilmember who was serving when the Aquatic Center
opened.
15.PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the three-
minute time limit. The applicant or appellant will be provided up to five minutes
to make their presentation. Speakers may utilize one of the three options listed
on the first page of this agenda.
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15.a RESOLUTION NO. 2023-047 WITHDRAWING FROM THE RIVERSIDE
COUNTY LIBRARY SYSTEM, ASSUMING THE PROVISION OF
LIBRARY SERVICES IN PALM DESERT, AND INDICATING ITS INTENT
TO ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY - BUDGET
APPROPRIATION AND TRANSFER
559
RECOMMENDATION:
Adopt Resolution No. 2023-047 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, WITHDRAWING FROM THE RIVERSIDE COUNTY
LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY
SERVICES IN THE CITY OF PALM DESERT, AND INDICATING
ITS INTENT TO ESTABLISH AN INDEPENDENT MUNICIPAL
LIBRARY.”
1.
Appropriate a total of $1,321,527 to Library Account Fund (252) in
the respective accounts listed below.
2.
Authorize transfer of $1,321,527 from unobligated General Fund
Reserves to Library Services Account Number 2520000-391000.
3.
16.INFORMATION ITEMS
17.ADJOURNMENT
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18.PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the city will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby
certify, under penalty of perjury under the laws of the State of California, that the
foregoing agenda for the Palm Desert City Council, Successor Agency for the
Palm Desert Redevelopment Agency, and Housing Authority, was posted on the
City Hall bulletin board and City website www.palmdesert.gov no less than 72
hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
City Council Meeting
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Presentation to The Palm Desert City Council
October 12, 2023
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•According to The Americans for the Arts, overall economic impact
of the McCallum Theatre for the City of Palm Desert is just under
$20 million annually.
•According to data compiled for the California Department of
Tourism:
•35% of McCallum Ticket Revenue comes from patrons beyond
a 50 mile radius from Palm Desert (i.e. visitors/tourists).
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The partnership between The City of Palm Desert
and McCallum Theatre is featured prominently in
a variety of collateral materials, most notably in
connection with The Palm Desert Choreography
Festival, Open Call Talent Project and other
McCallum Theatre Education programs
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McCallum Theatre 2022-
2023 Season Brochure
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Instagramable
Moment
Mural
Dedication
February 28,
2023
Artist: Autumn
Martino
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McCallum Theatre participated in
the Hunger Action Month campaign
in September with Gobos on the side
of the Theatre
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McCallum Theatre and The City of Palm Desert present U.S. Army Jazz Ambassadors FREE concert
Saturday, November 4 at 7pm
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THANK YOU!
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Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, and Housing Authority
Regular Meeting Minutes
September 28, 2023, 3:30 p.m.
Present: Councilmember Jan Harnik, Councilmember Gina Nestande,
Mayor Pro Tem Karina Quintanilla, Councilmember Evan Trubee,
and Mayor Kathleen Kelly
1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on
Thursday, September 28, 2023, at 3:30 p.m. in the Council Chamber, City Hall, located
at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Kelly adjourned to Closed Session at 3:31 p.m.
4. CLOSED SESSION AGENDA
The following items were considered in closed session:
4.a Closed Session Meeting Minutes: September 14, 2023
4.b Conference with Real Property Negotiations pursuant to Government Code
Section 54956.8
4.b.1 Property Description: APN Nos. 694-410-003; 694-160-005 through
008, 694-160-011; 694-120-025; and 685-010-005
Agency: City of Palm Desert
City Negotiator: Todd Hileman, Chris Escobedo, Eric Ceja
Negotiating Parties: TR Funding II LLC; SG & H Cook Street, LLC; Palm
Desert University Gateway; First St. Financial Center Lomitas
Under Negotiation: Price and Terms
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
Mayor Kelly reconvened the City Council meeting at 4:00 p.m.
6. PLEDGE OF ALLEGIANCE
Councilmember Trubee led the Pledge of Allegiance.
7. INSPIRATION
Mayor Kelly provided words of inspiration.
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Palm Desert City Council Meeting Minutes
September 28, 2023
2
8. REPORT OF CLOSED SESSION
Assistant City Attorney Shah stated that direction was given by the City Council; no
reportable actions were taken.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Mayor Kelly presented a proclamation to the participants of the Mini-Muster program
from Fire Station No. 33 in celebration of its 31st year of bringing fire safety awareness
to Palm Desert elementary school students. She also thanked the Historical Society of
Palm Desert for their collaboration with the Fire Department.
10. CITY MANAGER COMMENTS
Kevin Kalman, Desert Recreation District, narrated a PowerPoint presentation regarding
the upcoming rehabilitation project at the Palm Desert Community Center.
11 . MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers reported on their attendance at various meetings and events. It was
further reported that Mayor Pro Tem Quintanilla and Councilmembers Trubee and
Harnik attended the League of California Cities Annual Conference in Sacramento.
Mayor Pro Tem Quintanilla encouraged the City Council to consider supporting various
legislative efforts related to drug safety and prevention policies; noted the Cultural
Resource Preservation Committee will bring forward a recommendation to cre ate a
historic district. Councilmember Harnik reported on Southern California Association of
Governments' efforts relative to the Regional Housing Needs Assessment (RHNA).
12. NON-AGENDA PUBLIC COMMENTS
Barbara Wasserkrug, Palm Desert resident, expressed concerns regarding license plate
reader data sharing.
David Tsikman, Palm Desert resident, shared information regarding recent and
upcoming events in the local Jewish Community.
Nancy Gutierrez, Palm Desert resident, requested the City Council adopt a ban on any
future mask and vaccine mandates.
Steve, Desert Hot Springs resident, expressed concerns about central government
planning and displayed a poster against the United Nations Agenda 21.
13. CONSENT CALENDAR
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
To approve the consent calendar as presented.
Motion Carried (5 to 0)
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Palm Desert City Council Meeting Minutes
September 28, 2023
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13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Approve the Minutes of September 14, 2023.
Motion Carried
13.b APPROVAL OF WARRANTS
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Approve the warrants issued for the period 7/25/2023 to 9/14/2023.
Motion Carried
13.c APPROVAL OF THE 2023 PALM DESERT GOLF CART PARADE
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
1. Permit the sale, possession, and consumption of alcoholic beverages on
Public Property pursuant to Palm Desert Municipal Code 9.58.040.
2. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound,
during the event.
3. Approve a budget transfer of $25,000 from the Police Services Account
No. 1104210-4304000 to Account No. 1104210-4304200 (Police
Contingency).
4. Authorize the City Manager to execute any documents that may be
necessary to facilitate the event.
Motion Carried
13.d RESOLUTION NO. 2023-046 AUTHORIZING THE ACCEPTANCE OF
ELECTRONICALLY FILED GOVERNMENT CLAIMS
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Adopt Resolution No. 2023-046 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS.”
Motion Carried
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Palm Desert City Council Meeting Minutes
September 28, 2023
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13.e AUTHORIZE OUT-OF-STATE TRAVEL FOR THE CITY MANAGER TO
ATTEND THE INTERNATIONAL CITY/COUNTY MANAGEMENT
ASSOCIATION ANNUAL CONFERENCE ON SEPTEMBER 30 THROUGH
OCTOBER 4, 2023, IN AUSTIN, TEXAS
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Authorize out-of-state travel for the City Manager to attend the International
City/County Management Association Annual Conference on September 30
through October 4, 2023, in Austin, Texas.
Motion Carried
13.g SUCCESSOR AGENCY - APPROVE A PURCHASE AND SALE AGREEMENT
NO. C46320A-Z BETWEEN THE SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT
FOR ASSESSOR’S PARCEL NUMBER 620-400-025
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
1. Approve a Purchase and Sale Agreement (PSA) No. C46320A -Z between
the Successor Agency to the Palm Desert Redevelopment Agency
(SARDA) and the City of Palm Desert for Assessor’s Parcel Number
(APN) 620-400-025.
2. Authorize the Executive Director and the SARDA Attorney to make non -
monetary changes to the PSA.
3. Authorize the Executive Director to execute the PSA and all related
documents for the sale.
Motion Carried
13.h SUCCESSOR AGENCY - ADOPT RESOLUTION NO. SA-RDA 101
DECLARING ASSESSOR’S PARCEL NO. 620-400-025 “EXEMPT SURPLUS”
FOR THE PURPOSES OF THE SURPLUS LAND ACT
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Adopt Resolution No. SA-RDA 101 entitled, “A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY, DECLARING PURSUANT TO GOVERNMENT
CODE SECTIONS 54221(b) AND 54221 (f)(1)(D) THAT CERTAIN REAL
PROPERTY OWNED BY THE SUCCESSOR AGENCY AND IDENTIFIED AS
ASSESSOR’S PARCEL NUMBER 620-400-025 IS EXEMPT SURPLUS; AND
TAKING RELATED ACTIONS.”
Motion Carried
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Palm Desert City Council Meeting Minutes
September 28, 2023
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13.i ACCEPTANCE OF THE CITY’S CITIZENS OPTION FOR PUBLIC
SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
(COPS/SLESF) EXPENDITURE PLAN AND FUNDING FOR FISCAL YEAR
2023/24
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Accept the City’s Citizens Option for Public Safety/Supplemental Law
Enforcement Services Fund (COPS/SLESF) expenditure plan and fundi ng for
Fiscal Year 2023/24.
Motion Carried
13.j APPROVE A PURCHASE AND SALE AGREEMENT NO. C46320A-Z
BETWEEN THE CITY AND THE SUCCESSOR AGENCY AND A
COMPENSATION AGREEMENT BETWEEN THE CITY AND THE RIVERSIDE
COUNTY DESIGNATED TAXING ENTITIES FOR ASSESSOR'S PARCEL
NUMBER 620-400-025
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
1. Approve a Purchase and Sale Agreement (PSA) No. C46320A -Z between
the City of Palm Desert and the Successor Agency to the Palm Desert
Redevelopment Agency (SARDA) for Assessor’s Parcel Number (APN)
620-400-025.
2. Authorize the City Manager and City Attorney to make non -monetary
changes to the PSA.
3. Authorize the City Manager to execute any and all documents associated
with the PSA.
4. Approve Compensation Agreements between the City of Palm Desert and
the Riverside County designated taxing entities for APN 620-400-025.
5. Authorize the City Manager and City Attorney to make non -monetary
changes to the Compensation Agreements.
6. Authorize the City Manager to execute any and all documents associated
with the Compensation Agreements.
7. Appropriate $4,600,000 from unobligated Desert Willow Capital Fund
Balance Account No. 4414195-4809200 for the purchase of APN 620-400-
025.
Motion Carried
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September 28, 2023
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13.k SUCCESSOR AGENCY - APPROVE A LICENSE AGREEMENT NO. C46320A-
Z BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR
ASSESSOR’S PARCEL NUMBER 620-400-025
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
1. Approve a License Agreement No. C46320A-Z between the Successor
Agency to the Palm Desert Redevelopment Agency (SARDA) and the City
of Palm Desert for Assessor’s Parcel Number (APN) 620 -400-025 for two
(2) years at a rate of one dollar ($1).
2. Authorize the SARDA Attorney to make non -monetary changes to the
License Agreement.
3. Authorize the Executive Director to execute the License Agreement and all
related documents for the sale.
Motion Carried
13.l APPROVE THE ADDITION OF IMPROVEMENTS FOR PUBLIC PARKING AND
OPEN SPACE TO APN 620-400-625 TO THE CITY’S CAPITAL
IMPROVEMENT PROGRAM
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
1. Approve the addition of improvements for public parking and open space
to APN 620-400-625 to the City’s Capital Improvement Program.
2. Authorize the Director of Finance to appropriate $1,891,588 from
unobligated Desert Willow Capital Fund Balance to Account No. 4414195 -
4809200, Project Code CFA 00025, for the parking lot improvements to
Lot A.
Motion Carried
13.m ADOPTION OF ORDINANCE NO. 1400 AMENDING SECTION 2.36.370 OF
THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF
ORDINANCES AND RESOLUTIONS
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Adopt Ordinance No. 1400 entitled, “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE
READING OF ORDINANCES AND RESOLUTIONS.”
Motion Carried
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Palm Desert City Council Meeting Minutes
September 28, 2023
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CONSENT ITEMS HELD OVER
13.f RATIFY A LETTER OF SUPPORT FOR H.N. & FRANCES C. BERGER
FOUNDATION’S RECONNECTING COMMUNITIES PROGRAM FUNDING
REQUEST FOR THE THOUSAND PALMS FLOOD CONTROL PROJECT
Motion by: Mayor Kelly
Seconded by: Mayor Pro Tem Quintanilla
Ratify a letter of support for the H.N. and Frances C. Berger Foundation’s
Reconnecting Communities Program funding request.
Motion Carried (4-0-1, Councilmember Nestande RECUSED)
14. ACTION CALENDAR
14.a APPROVE AN AGREEMENT WITH KINGDOM CAUSES DBA CITY NET FOR
CITY HOMELESS OUTREACH AND ENGAGEMENT SERVICES
Social Services Coordinator Austin narrated a PowerPoint presentation,
responded to City Council inquiries, and introduced Jessica Avelar-Bruce, City
Net's Chief Program Officer.
Motion by: Councilmember Harnik
Seconded by: Councilmember Trubee
1. Approve Agreement No. C46330 for $250,813.13 with Kingdom Causes
DBA City Net to provide street outreach and engagement homeless
services from October 1, 2023, through June 30, 2024, with two optional
one-year extensions.
2. Authorize Director of Finance to appropriate $101,000 in unobligated
Opioid Settlement Special Funds to Account No. 2264212-4309000 and
transfer $150,000 from Permanent Local Housing Allocation Funds
Account No. 2254199-4501000 to Account No. 2254212-4309000.
3. Authorize the City Attorney to make non-monetary changes to the
agreement and the City Manager or designee to execute the agreement.
Motion Carried (5 to 0)
Page 35 of 570
Palm Desert City Council Meeting Minutes
September 28, 2023
8
15. PUBLIC HEARINGS
15.a HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT
BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON
FISCAL YEAR 2022/23 COMPREHENSIVE ANNUAL PERFORMANCE AND
EVALUATION REPORT
Mayor Kelly opened the public hearing.
Contracts and Grants Analyst Barron narrated a PowerPoint presentation and
responded to City Council inquiries.
There being no member of the public wishing to speak, Mayor Kelly closed the
public hearing.
Motion by: Mayor Pro Tem Quintanilla
Seconded by: Councilmember Harnik
Receive and file the City’s Fiscal Year (FY) 2022/23 Comprehensive Annual
Performance and Evaluation Report (CAPER).
Motion Carried (5 to 0)
15.b PALM DESERT REDISTRICTING 2023 – PUBLIC HEARING #2 TO RECEIVE
INPUT FROM THE COMMUNITY REGARDING THE REDRAWING OF
ELECTION DISTRICT BOUNDARIES
Mayor Kelly opened the public hearing.
City Clerk Mejia narrated a PowerPoint presentation and responded to City
Council inquiries.
Steve, Desert Hot Springs resident, spoke in opposition to creating five districts.
There being no other member of the public wishing to speak, Mayor Kelly closed
the public hearing.
16. INFORMATION ITEMS
Mayor Kelly announced that the Palm Desert Area Chamber of Commerce recognized
Housing Manager Jessica Gonzales with the Award of Excellence, and thanked Ms.
Gonzales for her efforts leading the Housing Division.
Page 36 of 570
Palm Desert City Council Meeting Minutes
September 28, 2023
9
17. ADJOURNMENT
The City Council adjourned at 5:11 p.m.
Respectfully submitted:
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
Attest:
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
Page 37 of 570
Page 38 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/22/2023 - 9/22/2023
City of Palm Desert
Account Number
09/22/202300000336 BEST BEST & KRIEGER LLPW1 REDISTRICTING LGL 7/2343090001104114 971457 477.40
09/22/202300000336 BEST BEST & KRIEGER LLPW1 MONTHLY RETAINER THRU 7/2343015001104120 972736 25,714.00
09/22/202300000336 BEST BEST & KRIEGER LLPW1 LIBRARY LGL SVC 7/2343015001104121 972735 5,541.60
09/22/202300000336 BEST BEST & KRIEGER LLPW1 Additional LGL SVC 7/2343015001104121 972735 20,290.80
09/22/202300000336 BEST BEST & KRIEGER LLPW1 TM37234 7/2343015001104121 971456 902.70
09/22/202300000336 BEST BEST & KRIEGER LLPW1 PERSONNEL LGL 7/2343016001104121 971455 320.40
09/22/202300000336 BEST BEST & KRIEGER LLPW1 DESERT REC LGL THRU 7/2344001004514164 972735 106.80
09/22/202300000336 BEST BEST & KRIEGER LLPW1 HA LGL SVC THRU 7/2343015008714195 971196 647.90
09/22/202300000337 CDW LLCW1 4 Toners42120001104190 LV96190 805.36
09/22/202300000337 CDW LLCW1 FY2324 Equipment Replacement44040005304190 LT90672 409.85
09/22/202300000337 CDW LLCW1 Headset & Webcam Replacement44040005304190 LW32425 221.95
09/22/202300000338 KEYSER MARSTON ASSOCIATES INCW1 AG23 Econ Toolbox & Financial43090001104159 0038083 13,520.00
09/22/202300000338 KEYSER MARSTON ASSOCIATES INCW1 JL23 Econ Toolbox & Financial43090001104159 0037989 3,430.00
09/22/202300000339 PALM DESERT CHAMBER OF COMMERCEW1 PDACC Breakfast KK, KQ. JH43125001104110 74565 90.00
09/22/202300000340 SHI INTERNATIONAL CORPORATIONW1 AutoCAD EXP 10/13/2414301001100000 B17354119 1,512.74
09/22/202300000340 SHI INTERNATIONAL CORPORATIONW1 KnowBe4 Security EXP10/18/2414301001100000 B17354119 863.49
09/22/202300000340 SHI INTERNATIONAL CORPORATIONW1 AutoCAD 10/14/23-10/13/2443620011104190 B17354119 3,673.81
09/22/202300000340 SHI INTERNATIONAL CORPORATIONW1 KnowBe4 Security Training FY2343620011104190 B17354119 2,097.06
09/22/202300000341 SIGNARAMAW1 R/M BUILDINGS - PARKVIEW43696015104195 INV-118159 890.40
09/22/202300000342 STAPLES BUSINESS ADVANTAGEW1 Storage boxes for housing42110008734195 3547205657 168.74
09/22/202300000343 STRATEGIC MARKETING & RESEARCHW1 Market Potential Model Researc43090001104417 0011816 11,500.00
09/22/202302000605 ACCURATE FIRST AID SERVICES LLCW1 FIRST AID SUPPLIES - CORPYARD42190001104330 C-2017 116.39
09/22/202302000606 ALVAREZ, MARTINW1 1023-ICMA-MA AIR11501001100000 1023-ICMA-MA 433.40
09/22/202302000606 ALVAREZ, MARTINW1 1023-ICMA-MA REG43120001104300 1023-ICMA-MA 490.00
09/22/202302000607 BECK OIL INCW1 CITY FLEET GAS AND DIESEL42170001104331 76877 5,122.95
09/22/202302000608 CALIFORNIA BUILDING OFFICIALSW1 CALBO 10/26/23 J. JIMENEZ43120001104420 16775 145.00
09/22/202302000608 CALIFORNIA BUILDING OFFICIALSW1 CALBO 10/24&26/23 - M. MOORE43120001104420 16857 290.00
09/22/2023Report Date 1Page
City & Housing
DocuSign Envelope ID: 77CC585A-0FCB-4B05-AAEE-0AE510752DF7
Page 39 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/22/2023 - 9/22/2023
City of Palm Desert
Account Number
09/22/202302000608 CALIFORNIA BUILDING OFFICIALSW1 CALBO10/24-26/23 AV/SO43120001104420 16860 860.00
09/22/202302000609 CANALES, CHRISTINAW1 RMBRSE CRTFCTN CRSE-CANALES43120001104470 06/12/2023 72.00
09/22/202302000610 CARSON TRAILER INCW1 PURCHASE OF A DUMP TRAILER44030005304310 125172 15,201.65
09/22/202302000611 CASH, PETTYW1 ARC/PC MTG LNCH 9/7/2343125001104470 ARC/PC 9/7/23 189.00
09/22/202302000611 CASH, PETTYW1 ARC MTG LNCH 9/12/2343125001104470 ARC 9/12/23 189.00
09/22/202302000612 CHARTER COMMUNICATIONSW1 SEP23 City Hall Internet43650001104190 0036098090123 386.57
09/22/202302000613 COACHELLA VALLEY WATER DIST.W1 AUG 23 TOWN CENTER WAY43510001104330 307113813150AG23 26.64
09/22/202302000614 COMMERCIAL DOOR METAL SYSTEMS INCW1 R/M BUILDING - FS 3343310002304220 57703 1,999.92
09/22/202302000615 CONSOLIDATED ELECTRICAL DIST. INC.W1 R/M BLDG SUPPLIES - CITY HALL43310001104340 5725-1091159 33.13
09/22/202302000615 CONSOLIDATED ELECTRICAL DIST. INC.W1 R/M BLDG SUPPLIES - CITY HALL43310001104340 5725-1091451 25.86
09/22/202302000616 DESERT NAPA AUTO PARTSW1 PURCHASE OF A PORTABLE COOLER44040001104330 018402 2,940.50
09/22/202302000617 DESERT REDI-MIXW1 CONCRETE MIX42190001104310 1176008 2,074.68
09/22/202302000618 FOXX CURCI CONSTRUCTIONW1 PM10 DPST Release-FOXX22839006100000 R48669/21-0016 320.00
09/22/202302000619 GHA MONTAGE PD LLCW1 PM10 DPST Release-GHA22839006100000 R48696/RG21-0004 40,360.00
09/22/202302000620 HIGH TECH IRRIGATION INC.W1 R/M MARKING PAINT42190001104611 764868 14.14
09/22/202302000620 HIGH TECH IRRIGATION INC.W1 R/M IRRIGATION SUPPLIES - HOV43320011104611 760900 873.84
09/22/202302000621 HOLISTIC SYSTEM INTEGRATED SOLUTIONSW1 PRFSNL SRVS-JUL2343090001104421 INV-000090 16,000.00
09/22/202302000622 IMPERIAL SPRINKLER SUPPLY INCW1 R/M FERTILIZER - CC PARK43320011104610 0011771058-001 114.67
09/22/202302000622 IMPERIAL SPRINKLER SUPPLY INCW1 MARKING PAINT42190001104611 0011814364-001 17.37
09/22/202302000622 IMPERIAL SPRINKLER SUPPLY INCW1 R/M MEDIANS - MAGNESIA FALLS43370011104614 0011831106-001 183.60
09/22/202302000623 IMPRESSION DESIGNW1 Employee Polo Shirts42190001104154 14920 2,111.94
09/22/202302000624 JON'S FLAGS & POLES INCW1 FLAGS - CITY HALL42190001104340 F88307 777.56
09/22/202302000625 LA PRENSA HISPANAW1 Redistricting Hearing Notice43090001104114 866 360.00
09/22/202302000626 LOCK SHOP INC.W1 KEYS - CITY HALL42190001104340 BB10557180 51.56
09/22/202302000626 LOCK SHOP INC.W1 KEYS - CITY HALL42190001104340 BB10557190 19.07
09/22/202302000626 LOCK SHOP INC.W1 KEYS - CITY HALL42190001104340 BB10557224 19.07
09/22/202302000626 LOCK SHOP INC.W1 KEYS AND LOCKS - CITY HALL42190001104340 BB10557237 127.04
09/22/2023Report Date 2Page
City & Housing
DocuSign Envelope ID: 77CC585A-0FCB-4B05-AAEE-0AE510752DF7
Page 40 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/22/2023 - 9/22/2023
City of Palm Desert
Account Number
09/22/202302000626 LOCK SHOP INC.W1 KEYS AND LOCKS - CITY HALL42190001104340 BB10557117 114.97
09/22/202302000626 LOCK SHOP INC.W1 LOCKS - CITY HALL43310001104340 AA10065054 107.71
09/22/202302000626 LOCK SHOP INC.W1 KEYS AND LOCKS - CITY HALL43310001104340 C0783 415.18
09/22/202302000626 LOCK SHOP INC.W1 KEYS - PORTOLA CC42190001104344 AA10065098 3.18
09/22/202302000626 LOCK SHOP INC.W1 KEYS AND LOCKS - CC PARK43310001104610 J100115 556.30
09/22/202302000626 LOCK SHOP INC.W1 LOCK REPAIRS - SHERIFF CTR43695005104195 A135228 195.00
09/22/202302000626 LOCK SHOP INC.W1 KEYS AND LOCKS - SHERIFF CTR43695005104195 A135234 660.39
09/22/202302000626 LOCK SHOP INC.W1 LOCK REPAIRS - SHEFIFF CTR43695005104195 A135253-1 1,282.11
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 SUPPLIES - CIP42110001104134 902253-071323 91.50
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 SUPPLIES - CIP42110001104134 902657-071023 83.81
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 R/M BUILDINGS - CITY HALL43310001104340 982620-080723 62.38
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 R/M BUILDINGS - CITY HALL43310001104340 982757-080723 150.12
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 PEST CONTROL SPRAY - FREEDOM42190001104611 902015-071823 65.43
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 INSECTICIDE - FREEDOM DOG PARK42190001104611 972466-073123 18.92
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 SUPPLIES - FREEDOM PARK42190001104611 995848-072623 103.63
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 FLY TRAPS - UNIVERSITY PK42190001104611 902835-070523 212.91
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 SUPPLIES - UNIVERSITY PARK42190001104611 975746-080323 89.83
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 R/M-BUILDINGS - FS 6743310002304220 901953-070623 21.49
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 R/M TV MOUNT - FS 6743310002304220 961658-070623 183.01
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 R/M BUILDINGS - FS 3343310002304220 984596-071323 225.05
09/22/202302000627 LOWE'S HOME CENTERS INC.W1 IRRIGATION SUPPLIES - DW43320004414195 993197-072423 118.79
09/22/202302000628 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA11501001100000 CLR ADV 7/6/23 -1,803.82
09/22/202302000628 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43115001104470 MILE 7/14/23 159.82
09/22/202302000628 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43120001104470 PRDM 7/14/23 333.00
09/22/202302000628 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43120001104470 LDG 7/14/23 1,274.82
09/22/202302000628 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43120001104470 PARK 7/14/23 120.00
09/22/202302000628 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA11501001100000 CLR MILE 7/29/23 -14.67
09/22/2023Report Date 3Page
City & Housing
DocuSign Envelope ID: 77CC585A-0FCB-4B05-AAEE-0AE510752DF7
Page 41 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/22/2023 - 9/22/2023
City of Palm Desert
Account Number
09/22/202302000628 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA11501001100000 CLR LDG 7/29/23 -278.00
09/22/202302000628 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA11501001100000 CLR PRDM 7/29/23 -1,000.50
09/22/202302000628 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 PRDM 7/29/23 1,000.50
09/22/202302000628 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 LDG 7/29/23 314.98
09/22/202302000628 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 CHCKD BAG7/29/23 60.00
09/22/202302000628 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 MILEAGE 7/29/23 14.67
09/22/202302000629 MENDOZA, LIISA MARIEW1 Sign language for 10/12/23 con43061011104416 LMENDOZA1012CONC 180.00
09/22/202302000629 MENDOZA, LIISA MARIEW1 Sign language for 10/19/23 con43061011104416 LMENDOZA1019CONC 180.00
09/22/202302000629 MENDOZA, LIISA MARIEW1 Sign language for 10/16/23 con43061011104416 LMENDOZA1026CONC 180.00
09/22/202302000630 MISACW1 23/24 MISAC Renewal IT Team43630001104190 200006235 520.00
09/22/202302000631 MISACW1 C.Helf- MISAC Annual Conf.43120001104190 200006288 400.00
09/22/202302000631 MISACW1 R.Santos MISAC Annual Conf.43120001104190 200006289 400.00
09/22/202302000632 PALM DESERT ACE HARDWAREW1 SUPPLIES - CITY HALL42190001104340 242088 45.19
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - CITY HALL43310001104340 241741 10.76
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BUILDINGS - CITY HALL43310001104340 241994 89.38
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BUILDINGS - CITY HALL43310001104340 242008 15.07
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BUILDING - CITY HALL43310001104340 242009 8.61
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BUILDINGS - CITY HALL43310001104340 242063 96.93
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BUILDINGS - CITY HALL43310001104340 242188 29.08
09/22/202302000632 PALM DESERT ACE HARDWAREW1 SUPPLIES - CIVIC CENTER42190001104610 241910 10.76
09/22/202302000632 PALM DESERT ACE HARDWAREW1 SUPPLIES - CIVIC CENTER42190001104610 241914 12.92
09/22/202302000632 PALM DESERT ACE HARDWAREW1 SUPPLIES - CIVIC CENTER42190001104610 241917 27.98
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BUILDINGS - CIVIC CENTER43310001104610 242007 14.49
09/22/202302000632 PALM DESERT ACE HARDWAREW1 SUPPLIES - PALMA PARK42190001104611 241701 30.95
09/22/202302000632 PALM DESERT ACE HARDWAREW1 R/M BUILDINGS - FS 3343310002304220 242061 15.71
09/22/202302000633 POWERSTRIDE BATTERY COMPANY INCW1 TRAFFIC SUPPLIES43325001104250 P698398 661.24
09/22/202302000634 PROPET DISTRIBUTORSW1 DOGGIE BAGS - UNIVERSITY PARK42190001104611 143012 2,128.06
09/22/2023Report Date 4Page
City & Housing
DocuSign Envelope ID: 77CC585A-0FCB-4B05-AAEE-0AE510752DF7
Page 42 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/22/2023 - 9/22/2023
City of Palm Desert
Account Number
09/22/202302000634 PROPET DISTRIBUTORSW1 7.75% SALES TAX20702001100000 143012 -153.06
09/22/202302000635 PUBLIC TREASURY INSTITUTEW1 V.Chavez-Internal ControlClass43125001104150 5024 105.00
09/22/202302000636 R.D.O. EQUIPMENT COMPANYW1 R/M EQUIPMENT #008 LOADER43340001104331 W3100045 1,983.34
09/22/202302000636 R.D.O. EQUIPMENT COMPANYW1 R/M EQUIPMENT #008 LOADER43340001104331 W3105545 2,725.38
09/22/202302000637 RIVCO MECHANICAL SERVICES INCW1 REPLACED GLACIER CHILLERS-AC44001002424549 J000446 28,828.40
09/22/202302000638 RIVERSIDE COUNTY DEPARTMENT OFW1 23HovleySoccerParkSnackBarPRMT43310001104611 IN0480358 187.20
09/22/202302000639 RIVERSIDE COUNTY FIRE DEPT.W1 Inspection of Fireworks43061011104416 FPEVT2300133 3,719.00
09/22/202302000639 RIVERSIDE COUNTY FIRE DEPT.W1 Inspection July 443061011104416 FPEVT2300148 339.60
09/22/202302000640 SIMPLOT PARTNERSW1 R/M LANDSCAPE SRVCS - UNIV43320011104611 208146164 52.18
09/22/202302000640 SIMPLOT PARTNERSW1 FERTILIZER - MONTEREY MEDIAN43370011104614 208145836 29.63
09/22/202302000641 SKYLINE SAFETY AND SUPPLYW1 STREET MAINT SUPPLIES42190001104310 7794 335.94
09/22/202302000642 SUPERIOR READY MIX CONCRETEW1 STREET MAINT SUPPLIES42190001104310 370311 751.89
09/22/202302000642 SUPERIOR READY MIX CONCRETEW1 STREET MAINT SUPPLIES42190001104310 372070 759.39
09/22/202302000643 SUSTAINOVATION LLCW1 Two-Day Workshop 9/12-13/202343121011104154 2023914 16,000.00
09/22/202302000644 SWARCO MCCAIN INC.W1 TRAFFIC SUPPLIES43325001104250 INV0274367 1,965.36
09/22/202302000645 T-MOBILE USA INCW1 AUG23 VEHICLE GPS MONITORING43340001104331 978220384-21 1,520.19
09/22/202302000646 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1101667 434.46
09/22/202302000646 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1101051 323.48
09/22/202302000646 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1101140 1,493.68
09/22/202302000646 TOPS N BARRICADES INC.W1 STREET MAIN SUPPLIES42190001104310 1101430 169.65
09/22/202302000646 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1101646 532.88
09/22/202302000646 TOPS N BARRICADES INC.W1 R/M STREETS43320001104310 1101586 267.53
09/22/202302000646 TOPS N BARRICADES INC.W1 R/M VEH #088 LEASE43340001104331 1101890 150.00
09/22/202302000646 TOPS N BARRICADES INC.W1 R/M VEH #004 LEASE43340001104331 1102004 225.00
09/22/202302000647 TRUPIANO, RICHARDW1 CAPPO 8/30/23 R.TRUPIANO43115001104150 MILEAGE 8/30/23 154.58
09/22/202302000648 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200029493 204.51
09/22/202302000648 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200032237 204.51
09/22/2023Report Date 5Page
City & Housing
DocuSign Envelope ID: 77CC585A-0FCB-4B05-AAEE-0AE510752DF7
Page 43 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/22/2023 - 9/22/2023
City of Palm Desert
Account Number
09/22/202302000648 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200024094 176.50
09/22/202302000648 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200021671 178.22
09/22/202302000648 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200026676 204.51
09/22/202302000648 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200016022 177.30
09/22/202302000648 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200018690 177.30
09/22/202302000649 UNITED RENTALSW1 EQUIPMENT RENTAL43430001104310 222794690-002 936.35
09/22/202302000650 VECTORUSAW1 Aruba - Central Mgmt and suppo43620011104190 98021 6,439.00
09/22/202302000651 VISIT GREATER PALM SPRINGSW1 22-23 CVB-Recon balance due43220001104800 22/23 RECON 157,193.31
09/22/202302000652 WHITE CAP LPW1 SUPPLIES - CIP42110001104134 50022843893 661.91
09/22/202302000653 XEROX FINANCIAL SERVICESW1 Xerox Lease 2TX101725 8-9/2343420001104190 4729030 202.75
09/22/202302000653 XEROX FINANCIAL SERVICESW1 Xerox Copier Lease43420001104190 4749040 2,851.42
09/22/202302000654 XPRESS GRAPHICSW1 Printing and mailing of the43090001104114 23-55965 13,840.58
Examined and Approved Total For Bank ID - W1
441,480.06City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
09/22/2023Report Date 6Page
City & Housing
DocuSign Envelope ID: 77CC585A-0FCB-4B05-AAEE-0AE510752DF7
Page 44 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202300000345 AVENU MUNISERVICES LLCW1 STARS Svcs 2023 1st Quarters43090001104159 INV06-017220 1,025.00
09/28/202300000346 CDW LLCW1 FY2324Webcam Replacements44040005304190 LX87902 101.47
09/28/202300000347 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Over-Time Field Services-JUL2343090001104230 AN00000002757 1,701.50
09/28/202300000347 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Shelter Services-JUL2343090001104230 AN00000002757 4,106.20
09/28/202300000347 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 License Processing-JUL2343090001104230 AN00000002757 1,055.55
09/28/202300000347 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Operation/Maintenance-JUL2343090001104230 AN00000002757 208.80
09/28/202300000347 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Animal Field Services-JUL2343090001104230 AN00000002757 22,760.40
09/28/202300000347 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Licensing Credit-JUL2343090001104230 AN00000002757 -1,465.00
09/28/202300000348 DESERT REDI-MIXW1 Aug23 Weather Event Sand42191001104159 1177753 1,504.09
09/28/202300000349 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 33875302 1,418.49
09/28/202300000349 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 33756189 1,402.68
09/28/202300000349 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 33701245 1,316.70
09/28/202300000349 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 33422624 1,327.25
09/28/202300000349 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 33585415 1,501.95
09/28/202300000349 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 33984241 1,064.42
09/28/202300000350 FAMILY YMCA OF THE DESERTW1 YMCA Hoedown Table Sponsorship43062011104800 HD23-002 2,000.00
09/28/202300000351 FG CREATIVE INCW1 Advertising for October Concer43061011104416 10164 2,225.00
09/28/202300000351 FG CREATIVE INCW1 Facebook Campaign: July43090002424549 10167 100.00
09/28/202300000351 FG CREATIVE INCW1 Outdoor - Lamar43090002424549 10167 2,000.00
09/28/202300000351 FG CREATIVE INCW1 Broadcast Placement - Alpha43090002424549 10167 1,500.00
09/28/202300000351 FG CREATIVE INCW1 Broadcast Placement - AlphaU9243090002424549 10167 1,500.00
09/28/202300000351 FG CREATIVE INCW1 Retainer - September43090002424549 10167 600.00
09/28/202300000351 FG CREATIVE INCW1 Public Relations - September43090002424549 10167 500.00
09/28/202300000351 FG CREATIVE INCW1 Graphics - September43090002424549 10167 350.00
09/28/202300000351 FG CREATIVE INCW1 Website - September43090002424549 10167 300.00
09/28/202300000351 FG CREATIVE INCW1 Monthly Agency Fee: July43215002714491 10160 3,250.00
09/28/202300000351 FG CREATIVE INCW1 Print Ads/Graphic Design: July43215002714491 10160 500.00
09/28/2023Report Date 1Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 45 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202300000351 FG CREATIVE INCW1 Monthly Agency Fee: Annual Pla43215002714491 10160 1,500.00
09/28/202300000351 FG CREATIVE INCW1 Social Media: July43215002714491 10160 2,200.00
09/28/202300000351 FG CREATIVE INCW1 Merchant Relations: July43215002714491 10160 500.00
09/28/202300000351 FG CREATIVE INCW1 Monthly Agency Fee: August43215002714491 10169 3,250.00
09/28/202300000351 FG CREATIVE INCW1 Print Ads/Graphic Design: Augu43215002714491 10169 500.00
09/28/202300000351 FG CREATIVE INCW1 Social Media Services: August43215002714491 10169 2,200.00
09/28/202300000351 FG CREATIVE INCW1 Merchant Relations: August43215002714491 10169 1,250.00
09/28/202300000351 FG CREATIVE INCW1 Facebook Campaign: UPMVJSFYM243215002714491 10171 159.12
09/28/202300000351 FG CREATIVE INCW1 PSL Sep Issue #9755643215002714491 10171 5,000.00
09/28/202300000351 FG CREATIVE INCW1 PSL Sep Issue/The Guide #9760843215002714491 10171 5,000.00
09/28/202300000352 FIRSTCHOICE COFFEE SERVICEW1 COFFEE AND KITCHEN SUPPLIES42190001104340 728493 120.00
09/28/202300000352 FIRSTCHOICE COFFEE SERVICEW1 COFFEE AND KITCHEN SUPPLIES42190001104340 729672 1,112.09
09/28/202300000352 FIRSTCHOICE COFFEE SERVICEW1 COFFEE AND KITCHEN SUPPLIES42190001104340 727262 120.00
09/28/202300000352 FIRSTCHOICE COFFEE SERVICEW1 COFFEE AND KITCHEN SUPPLIES42190001104340 728103 1,248.79
09/28/202300000353 IDEAPEDDLER LLCW1 Calendar - launch and Concept43221001104417 2270 2,500.00
09/28/202300000354 MAAS COMPANIES INCW1 Office Spacing - Aug2343090001104130 083123.06 2,925.00
09/28/202300000354 MAAS COMPANIES INCW1 Projects-Housing - Aug2343090001104159 083123.06 13,845.00
09/28/202300000354 MAAS COMPANIES INCW1 Projects-Housing - Aug2343090001104159 083123.06 -13,845.00
09/28/202300000354 MAAS COMPANIES INCW1 Library Special Proj - Aug2343090001104159 083123.06 6,630.00
09/28/202300000354 MAAS COMPANIES INCW1 Sheriff Substation - Aug2343090001104159 083123.06 97.50
09/28/202300000354 MAAS COMPANIES INCW1 Civic Center Master - Aug2343090001104159 083123.06 3,217.50
09/28/202300000354 MAAS COMPANIES INCW1 Housing - Aug2343311008714195 083123.06 975.00
09/28/202300000354 MAAS COMPANIES INCW1 Sheriff Substation43090001104159 083123.08 9,240.00
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 Aug23 Weather Event Cleanup42191001104159 104247 7,746.31
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 Aug23 Weather Event extra work42191001104159 104249 3,957.56
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 LMA 1 ALLOWABLE EXTRA WORK43370011104614 103899 1,445.06
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 EXTRA WORK - LMA 9 MEDIANS43370011104614 103866 1,403.81
09/28/2023Report Date 2Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 46 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 EXTRA WORK - LMA 9 MEDIANS43370011104614 103895 3,457.94
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 LMA 1 ALLOWABLE EXTRA WORK43370011104614 103898 2,486.47
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 LMA 1 ALLOWABLE EXTRA WORK43370011104614 103900 564.00
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 JL23 LMA 1 LANDSCAPE MAINT43370011104614 103551 41,125.38
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 JL23 LMA 9 LANDSCAPE-MEDIAN43370011104614 103588 24,745.40
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 AG23 LMA 9 LANDSCAPE - MEDIAN43370011104614 103951 24,745.40
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 JL23 LMA 9 LANDSCAPE -ENTRADA43921011104614 103588 5,040.80
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 AG23 LMA 9 LANDSCAPE - ENTRADA43921011104614 103951 5,040.80
09/28/202300000355 MARIPOSA LANDSCAPES INCW1 AUG23 LMA 1 LANDSCAPE MAINT43370011104614 103970 41,125.38
09/28/202300000356 NEARMAP US INCW1 Offline Textured Exp 9/18/2414301001100000 INV01034999 1,158.30
09/28/202300000356 NEARMAP US INCW1 Offline Textured MeshFY232443620011104190 INV01034999 4,401.54
09/28/202300000357 OTIS ELEVATOR COW1 JULY23ELEVATOR SVC - CORP YARD43090001104330 100401210404 213.94
09/28/202300000357 OTIS ELEVATOR COW1 JULY23 ELEVATOR SVC SS43695005104195 666596 206.02
09/28/202300000357 OTIS ELEVATOR COW1 AUG23 ELEVATOR SVC SS43695005104195 100401241974 210.05
09/28/202300000358 PALM DESERT CHAMBER OF COMMERCEW1 Business Breakfast 11/14 VM43125001104430 74592 30.00
09/28/202300000359 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CORPYARD43090001104330 1490668 223.05
09/28/202300000359 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CITY HALL43090001104340 1490668 223.05
09/28/202300000359 PURE WATER PARTNERS LLCW1 1 WATER DISPENSER - PORTOLA CC43090001104344 1490668 74.35
09/28/202300000359 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - FIRE STAT43310002304220 1490668 223.05
09/28/202300000360 STAPLES BUSINESS ADVANTAGEW1 Certificate Holders42110001104417 3547681267 50.52
09/28/202300000360 STAPLES BUSINESS ADVANTAGEW1 J.Bounds Tape dispenser42110001104150 3547681214 4.29
09/28/202300000360 STAPLES BUSINESS ADVANTAGEW1 K.Perez ruler42110001104150 3547681214 3.33
09/28/202300000360 STAPLES BUSINESS ADVANTAGEW1 Supply Room Push Pins42110001104159 3547681214 3.30
09/28/202300000360 STAPLES BUSINESS ADVANTAGEW1 Supply Room Copy Paper42110001104159 3547681214 149.92
09/28/202300000360 STAPLES BUSINESS ADVANTAGEW1 KYBRD, MSE, PST NOTES, DST CAN42110001104421 3544901296 156.71
09/28/202300000361 US BANKW1 P-Card Payment11501001100000 4866914555529350 1,179.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23 LMA 16 MAINT-PARKS43320011104611 229626 26,098.00
09/28/2023Report Date 3Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 47 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23 LMA 16 COURT LMAINT-PARKS43325011104611 229626 1,135.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23LMA16 LANDSCAPE MAINT-COMM43910001104611 229626 837.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23 LMA 16 L MAINT - HAYST43320002764374 229626 3,650.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23 LMA 17-CIVIC CENTER PARK43320011104610 229627 16,200.00
09/28/202300000362 VINTAGE ASSOCIATESW1 LMA 17 EXTRA WORK - CC PARK43320011104610 229877 10,585.86
09/28/202300000362 VINTAGE ASSOCIATESW1 LMA 17 EXTRA WORK - CC PARK43320011104610 229888 210.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23 LMA 17 - SPORTS FIELDS43371001104610 229627 4,500.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23LMA 17-MAGNESIA FALLS PARK43320011104611 229627 4,000.00
09/28/202300000362 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - PARKS43320011104611 229664 390.12
09/28/202300000362 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - PARKS43320011104611 229878 1,942.17
09/28/202300000362 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - PARKS43320011104611 229879 1,984.85
09/28/202300000362 VINTAGE ASSOCIATESW1 EXTRA WORK - MAGNESIA FALLS43320011104611 229880 1,000.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23 LMA 17 - AQUATIC CENTER43311012424549 229627 1,400.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23LMA 17-PARKVIEW OFFCE BLDG43696015104195 229627 2,000.00
09/28/202300000362 VINTAGE ASSOCIATESW1 JL23 LMA 17 - STATE BLDG43696025104195 229627 300.00
09/28/202300000362 VINTAGE ASSOCIATESW1 Aug23 Weather Event Cleanup42191001104159 230084 5,100.00
09/28/202300000362 VINTAGE ASSOCIATESW1 Aug23 Weather Event Cleanup42191001104159 230300 1,032.09
09/28/202300000362 VINTAGE ASSOCIATESW1 Aug23 Weather Event: Park42191001104159 230301 1,296.00
09/28/202300000362 VINTAGE ASSOCIATESW1 Aug23 Weather Event: Park42191001104159 230302 1,080.00
09/28/202300000362 VINTAGE ASSOCIATESW1 Aug23 Weather Event: Park42191001104159 230303 1,944.00
09/28/202300000362 VINTAGE ASSOCIATESW1 Aug23 Weather Event: Park42191001104159 230304 1,296.00
09/28/202300000362 VINTAGE ASSOCIATESW1 Aug23 Weather Event: Park42191001104159 230327 4,760.00
09/28/202300000363 VISUAL EDGE IT INCW1 Usage and supplies 7.23-8.2343420001104190 24AR1079069 1,022.09
09/28/202300000363 VISUAL EDGE IT INCW1 Usage and supplies 3TX40377243420001104190 24AR1082592 133.17
09/28/202300000363 VISUAL EDGE IT INCW1 Usage and supplies 2TX10172543420001104190 24AR1066403 170.60
09/28/202302000658 ACCURATE FIRST AID SERVICES LLCW1 FIRST AID SUPPLIES - CITY HALL42190001104340 C-2018 82.92
09/28/202302000658 ACCURATE FIRST AID SERVICES LLCW1 FIRST AID SUPPLIES - CORPYARD42190001104330 C-2126 132.03
09/28/2023Report Date 4Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 48 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000659 AIR & HOSE SOURCE INCW1 AUG23 Weather Event Hoses42191001104159 520486 986.79
09/28/202302000659 AIR & HOSE SOURCE INCW1 Aug23 Weather Event Hoses42191001104159 521069 1,315.88
09/28/202302000660 BECK OIL INCW1 SUPPLY OF GAS AND DIESEL FUEL42170001104331 78955 5,024.42
09/28/202302000660 BECK OIL INCW1 SUPPLY OF GAS AND DIESEL FUEL42170001104331 80379 12,330.48
09/28/202302000661 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 6034281 2,134.98
09/28/202302000661 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 6034114 1,113.81
09/28/202302000661 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 5042381 380.61
09/28/202302000661 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 6034060 1,021.93
09/28/202302000661 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 6033950 537.08
09/28/202302000662 CALIFORNIA BUILDING OFFICIALSW1 CALBO 10/25/23 T.WILLIAMS43120001104421 16889 145.00
09/28/202302000663 CALIFORNIA FORWARDW1 CAL FORWARD K.QUINT&E.TRUBEE43125001104110 CA FWD 09.28.23 300.00
09/28/202302000664 CECHIN, TERRYW1 0923BOOTREIM - TC43915001104300 0923BOOTREIM-TC 173.99
09/28/202302000665 CELAYA , HORACIOW1 CMRTA DIV IV H.CELAYA 9/14/2343115001104150 MILEAGE 9/14/23 74.02
09/28/202302000665 CELAYA , HORACIOW1 CMRTA DIV IV H.CELAYA 9/14/2343120001104150 REG 9/14/23 40.00
09/28/202302000666 CHARTER COMMUNICATIONSW1 SEP23 Corp Yard Internet43650001104190 1093262090723 82.40
09/28/202302000667 CHAVEZ, VERONICAW1 ICMA 2023 9/30-10/4 V.Chavez11501001100000 ADV PRDM 10/4/23 288.00
09/28/202302000668 CHRISTOPHER GERRYW1 APWA 8/26-30/23 C.GERRY43115001104300 MILEAGE 8/30/23 161.13
09/28/202302000668 CHRISTOPHER GERRYW1 APWA 8/26-30/23 C.GERRY43120001104300 PRDM 8/30/23 333.00
09/28/202302000668 CHRISTOPHER GERRYW1 APWA 8/26-30/23 C.GERRY43120001104300 LDG 8/30/23 1,239.92
09/28/202302000668 CHRISTOPHER GERRYW1 APWA 8/26-30/23 C.GERRY43120001104300 PRK 8/30/23 168.00
09/28/202302000669 COACHELLA VALLEY MOUNTAINSW1 Stationary Reimbursement43695005104195 PVSTATREIMBCVMC0 500.00
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 PORTOLA MEDIAN WATER43370011104614 805025629618JL23 2,612.69
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 PORTOLA MEDIAN METER43370011104614 805025629618SP23 230.18
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 PORTOLA MEDIAN WATER43370011104614 805025629618AG23 191.97
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 iHUB CVWD (8/15 - 9/15)43950004254430 720041309104SP23 62.56
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 44911 Cabrillo Avenue43510001104340 712257390932AG23 112.80
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Meter43510001104340 800645741286AG23 88.29
09/28/2023Report Date 5Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 49 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 45656 Mountain View43510001104340 788901403140AG23 15.98
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 45653 Portola Ave43510001104340 792875403120AG23 72.11
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 1131 HOVLEY SOCCER PARK43510001104611 315303847830AG23 2,852.30
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 10049 FREEDOM PARK43510001104611 315491848018AG23 14,344.11
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 72440 Painters Path - Bump43510001104611 681389846188AG23 25.41
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 74735 Hovley Lane E - Soccer43510001104614 127363385426AG23 104.17
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 1089 MEDIANS43510001104614 315239847766AG23 3,102.31
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 1149 ST MEDIANS NORTH43510001104614 586651849912AG23 316.42
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 1150 WASHINGTON43510001104614 587615849914AG23 413.89
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 44400 Town Ctr - FS 3343510002304220 163253444356AG23 347.82
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 73200 Mesa View Dr FS 6743510002304220 176281476314AG23 434.77
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 73995 Country Club FS7143510002304220 122335377974AG23 403.83
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 D. 1088 Desert Mirage (Cook)43510002734680 315237847764AG23 267.37
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 San Luis Rey Ave - Fire Meter43510002774373 797759405418AG23 88.32
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 San Luis Rey Ave - Fire Meter43510002774373 797757405414AG23 115.00
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 C. 108843510002854374 315237847764AG23 53.64
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates43510002874374 315237847764AG23 126.48
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders43510002874680 315237847764AG23 126.96
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W Kokopelli43510002874681 315237847764AG23 73.32
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 143510002874682 315237847764AG23 61.02
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. Shepherd43510002874683 315237847764AG23 76.53
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 G. 1088 College View Estates43510002874684 315237847764AG23 151.08
09/28/202302000670 COACHELLA VALLEY WATER DIST.W1 SAN LUIS REY AVE - Fire Meter43510002774373 797757405414JU23 111.99
09/28/202302000671 CONSOLIDATED ELECTRICAL DIST. INC.W1 TRAFFIC SUPPLIES42190001104250 5725-1096267 172.50
09/28/202302000671 CONSOLIDATED ELECTRICAL DIST. INC.W1 R/M BUILDING-CIVIC CENTER PARK43310001104610 5725-1095838 90.64
09/28/202302000672 County of Riverside Sheriff DepartmentW1 FY 23/24 Cal Fingerprint ID43040001104210 SH0000043792 50,889.00
09/28/202302000673 DATA TICKET INCW1 PRKNG TICKET PROCESSING-AUG2343090001104422 155982 141.45
09/28/2023Report Date 6Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 50 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000674 DEPARTMENT OF INDUSTRIAL RELATIONSW1 2023ConveyanceAtParkviewBldg43696015104195 E 1993860 SB 225.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS- AQUATIC CENTER43311012424549 241083 230.56
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - CORP YARD43310001104330 240042 162.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - CITY HALL43310001104340 239929 1,358.99
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - CITY HALL43310001104340 240297 189.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS-FIRE STATION 7143310002304220 240358 184.09
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS- AQUATIC CENTER43311012424549 240276 162.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS- AQUATIC CENTER43311012424549 240277 108.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - IHUB43950004254430 240256 385.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - PARKVIEW43696015104195 240298 135.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - CITY HALL43310001104340 240718 656.76
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - CIVIC CENTER43310001104610 240751 351.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - FS#3343310002304220 240452 108.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - FS#6743310002304220 240841 108.00
09/28/202302000675 DESERT AIR CONDITIONING INC.W1 HVAC REPAIRS - SHERIFF SUBSTAT43695005104195 240721 231.47
09/28/202302000676 DESERT CANCER FOUNDATIONW1 Sponsorship Paint El Paseo Pin43062011104800 0801423PD 2,500.00
09/28/202302000677 DESERT FIRE EXTINGUISHERW1 R/M BUILDINGS- CORP YARD43310001104330 12470344 394.98
09/28/202302000677 DESERT FIRE EXTINGUISHERW1 R/M BUILDINGS-HISTORICAL SCTY43310001104340 12470342 112.93
09/28/202302000677 DESERT FIRE EXTINGUISHERW1 FIRE EXTINGUISHERS SVC-PSAM43885001104800 12470139 117.58
09/28/202302000677 DESERT FIRE EXTINGUISHERW1 FIRE EXTINGUISHER SVC-iHUB43950004254430 12470345 398.32
09/28/202302000678 DESERT NAPA AUTO PARTSW1 R/M FLEET SUPPLIES43340001104331 025114 23.68
09/28/202302000678 DESERT NAPA AUTO PARTSW1 R/M MOTOR VEHICLES FLEET - #8443340001104331 026557 36.61
09/28/202302000679 DESERT PIPE & SUPPLYW1 R/M BUILDINGS - CIVIC CENTER43310001104610 16714190 41.40
09/28/202302000679 DESERT PIPE & SUPPLYW1 R/M BUILDINGS - CIVIC CENTER43310001104610 16717770 19.38
09/28/202302000680 DOVE PRINTINGW1 Brightside Sep/Oct 2343026001104417 4135 6,511.00
09/28/202302000681 East Valley Republican Women PatriotsW1 SCS - East Valley Republican43930004254430 SCS-EVREPWP 500.00
09/28/202302000682 EISENHOWER MEDICAL CENTERW1 23/241st Pmt Const of EE Child43883004514800 C45450YR1 500,000.00
09/28/2023Report Date 7Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 51 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000683 ESCOBEDO, CHRISTOPHERW1 ICMA 9/30 - 10/4/23 C. Escobed11501001100000 ADV LDG 10.2.23 1,343.16
09/28/202302000683 ESCOBEDO, CHRISTOPHERW1 ICMA 9/30 - 10/4/23 C. Escobed11501001100000 ADV PRDM 10.2.23 288.00
09/28/202302000683 ESCOBEDO, CHRISTOPHERW1 ICMA 9/30 - 10/4/23 C. Escobed11501001100000 ADV MILE 10.2.23 14.67
09/28/202302000683 ESCOBEDO, CHRISTOPHERW1 August 2023 Weather Event42191001104159 08.21.23 140.93
09/28/202302000684 FEDERAL EXPRESS CORP.W1 Fedex mailing to M. Perez43660001104430 8-255-40546 11.69
09/28/202302000685 FIND FOOD BANKW1 Sept23 Food recovery-SB 138343090002364195 374650C 1,875.00
09/28/202302000686 FOSTER GARDNER INC.W1 FERTILIZER - PARKS43320011104611 270249 4,053.46
09/28/202302000686 FOSTER GARDNER INC.W1 FERTILIZER - PARKS43320011104611 270785 4,042.07
09/28/202302000687 GARCIA, MARIOW1 0923BOOTREIM - MG43915001104300 0923BOOTREIM-MG 244.63
09/28/202302000688 GAUGUSH, CORAW1 APWA 8/26-30/23 C.GAUGUSH43115001104300 MILEAGE 8/30/23 157.20
09/28/202302000688 GAUGUSH, CORAW1 APWA 8/26-30/23 C.GAUGUSH43120001104300 PRDM 8/30/23 333.00
09/28/202302000688 GAUGUSH, CORAW1 APWA 8/26-30/23 C.GAUGUSH43120001104300 LDG 8/30/23 1,213.76
09/28/202302000688 GAUGUSH, CORAW1 APWA 8/26-30/23 C.GAUGUSH43120001104300 REG 8/30/23 829.00
09/28/202302000689 GRANITE CONSTRUCTION CO INC.W1 August '23 Weather Event: Mud42191001104159 2559072 138,771.10
09/28/202302000689 GRANITE CONSTRUCTION CO INC.W1 August '23 Weather Event: Mud42191001104159 2561485 13,600.00
09/28/202302000689 GRANITE CONSTRUCTION CO INC.W1 R/M STREETS43320001104310 2525784 235.54
09/28/202302000690 HAAKER EQUIPMENT COMPANYW1 STREET SWEEPER EQUIP RENTAL43430001104310 E1A1KK 3,017.00
09/28/202302000690 HAAKER EQUIPMENT COMPANYW1 STREET SWEEPER EQUIP RENTAL43430001104310 E1A1ME 1,893.00
09/28/202302000691 HF&H CONSULTANTS LLCW1 AG23 Solid waste, recycling,43090002364195 9720552 3,678.00
09/28/202302000692 HIGH TECH IRRIGATION INC.W1 R/M BUILDINGS - CIVIC PARK43310001104610 765950 12.20
09/28/202302000692 HIGH TECH IRRIGATION INC.W1 FERTILIZER - CIVIC PARK43320011104610 765571 244.11
09/28/202302000693 HILEMAN, TODDW1 ICMA 9/30 - 10/4/23 T. Hileman11501001100000 ADV LDG 10.2.23 1,343.16
09/28/202302000693 HILEMAN, TODDW1 ICMA 9/30 - 10/4/23 T. Hileman11501001100000 ADV PRDM 10.2.23 288.00
09/28/202302000693 HILEMAN, TODDW1 ICMA 9/30 - 10/4/23 T. Hileman11501001100000 ADV MILE 10.2.23 14.67
09/28/202302000694 HOLISTIC SYSTEM INTEGRATED SOLUTIONSW1 PRFSNL SRVS-AUG2343090001104421 INV-000092 16,000.00
09/28/202302000695 HORIZON PROFESSIONAL LANDSCAPEW1 AUG23 LMA 6 OF PARKING LOT43370011104614 6570 1,548.00
09/28/202302000695 HORIZON PROFESSIONAL LANDSCAPEW1 JL23 LMA 6 OF PARKING LOT43370011104614 6554 1,548.00
09/28/2023Report Date 8Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 52 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000695 HORIZON PROFESSIONAL LANDSCAPEW1 EXTRA WORK - OVERFLOW LOTS43370011104614 6569 711.54
09/28/202302000695 HORIZON PROFESSIONAL LANDSCAPEW1 AUG23 LMA 6 DW PERIMETER43320004414195 6570 9,100.00
09/28/202302000695 HORIZON PROFESSIONAL LANDSCAPEW1 JL23 LMA 6 DW PERIMETER43320004414195 6554 9,100.00
09/28/202302000696 HR GREEN PACIFIC INCW1 PLAN CHK SRVS-JUL2343010001104420 165686 5,732.47
09/28/202302000697 INFINITY TECHNOLOGIESW1 GIS ASSESSMENT-AUG2343090001104470 1685 2,210.00
09/28/202302000698 JOE GONSALVES & SON CORPW1 Retainer for legal Oct '2343090001104112 161053 3,000.00
09/28/202302000698 JOE GONSALVES & SON CORPW1 Retainer for legal Sept 202343090001104112 160977 3,000.00
09/28/202302000699 JOVANNI JIMENEZW1 CONSTEXAMCNTR,10/15-20,JOVANNI11501001100000 ADV MLE 10/20/23 134.93
09/28/202302000699 JOVANNI JIMENEZW1 CONSTEXAMCNTR,10/15-20,JOVANNI11501001100000 ADV LDG 10/20/23 673.25
09/28/202302000699 JOVANNI JIMENEZW1 CONSTEXAMCNTR,10/15-20,JOVANNI11501001100000 ADVPRDM 10/20/23 407.00
09/28/202302000699 JOVANNI JIMENEZW1 CONSTEXAMCNTR,10/15-20,JOVANNI11501001100000 ADVPRKG 10/20/23 75.00
09/28/202302000700 JTB SUPPLY COMPANY INC.W1 R/M TRAFFIC SIGNALS43325001104250 112214 1,400.07
09/28/202302000701 KNORR SYSTEMS INCW1 JULY23 PREVENTATIVE MAINTENAN43311012424549 208739 2,970.00
09/28/202302000701 KNORR SYSTEMS INCW1 AUG23 PREVENTATIVE MAINTENAN43311012424549 210675 2,970.00
09/28/202302000701 KNORR SYSTEMS INCW1 Monthly Prevent Main. Apr2343311012424549 198829 2,970.00
09/28/202302000702 LIVIA LASHES LLCW1 SCS - Livia Lashes43930004254430 SCS-LIVIALASH 500.00
09/28/202302000703 LOCK SHOP INC.W1 TRAFFIC SAFETY SUPPLIES42190001104250 AA10065437 38.14
09/28/202302000704 LOWE'S HOME CENTERS INC.W1 TRAFFIC SAFETY SUPPLIES42190001104250 976567-082323 61.35
09/28/202302000704 LOWE'S HOME CENTERS INC.W1 R/M FLEET43340001104331 987870-091323 150.32
09/28/202302000705 LSL CPAsW1 Single Audit 202343020001104151 58364 5,738.00
09/28/202302000706 MACLEOD WATTS INCW1 GASB 75 report for FYE 6.30.2343090005764192 092023PALMD 1,950.00
09/28/202302000707 MELLONI, ADELFOW1 AICP ONE PATH REG-MELLONI43120001104470 3292177-NM 255.00
09/28/202302000707 MELLONI, ADELFOW1 AICP ONE PATH REG-MELLONI43120001104470 3299218-NM 100.00
09/28/202302000707 MELLONI, ADELFOW1 AICP ONE PATH ASSMNT-MELLONI43120001104470 3379530-NM 255.00
09/28/202302000707 MELLONI, ADELFOW1 ZONING PRACTICE PBLCTN-MELLONI43620001104470 3380213-NM 65.00
09/28/202302000707 MELLONI, ADELFOW1 APA MEMBER DUES-MELLONI43630001104470 3379976-NM 783.00
09/28/202302000707 MELLONI, ADELFOW1 AICP PRORATED DUES-MELLONI43630001104470 3379621-NM 100.00
09/28/2023Report Date 9Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 53 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000708 MERCHANTS BUILDING MAINTENANCE LLCW1 Aug23 Weather Event Cleanup42191001104159 758531 355.00
09/28/202302000708 MERCHANTS BUILDING MAINTENANCE LLCW1 Aug23 Weather Event Cleanup42191001104159 758532 355.00
09/28/202302000708 MERCHANTS BUILDING MAINTENANCE LLCW1 Aug23 Weather Event Cleanup42191001104159 758533 355.00
09/28/202302000708 MERCHANTS BUILDING MAINTENANCE LLCW1 EXTRA JANITORIAL SRVS43326001104340 752857 400.00
09/28/202302000709 MULTI W SYSTEMS INCW1 2 YEAR SCADA DATA PLAN14301001100000 32330969 1,200.00
09/28/202302000709 MULTI W SYSTEMS INCW1 2 YEAR SCADA DATA PLAN43320011104610 32330969 1,200.00
09/28/202302000710 MUNIZ, RAFAELW1 0823WeatherEventBOOTS-RM42191001104159 0823WTHRBOOTS-RM 184.86
09/28/202302000711 OLSON, DUWAYNEW1 CONSTEXAMCNTR,10/15-20,D.OLSON11501001100000 ADV LDG 10/2023 673.25
09/28/202302000711 OLSON, DUWAYNEW1 CONSTEXAMCNTR,10/15-20,D.OLSON11501001100000 ADV MILE 102023 71.66
09/28/202302000711 OLSON, DUWAYNEW1 CONSTEXAMCNTR,10/15-20,D.OLSON11501001100000 ADV PRDM 102023 407.00
09/28/202302000711 OLSON, DUWAYNEW1 CONSTEXAMCNTR,10/15-20,D.OLSON11501001100000 ADV PRKG 102023 75.00
09/28/202302000712 PORTOLA PALMS HOMEOWNERS ASSNW1 HOA Fees for PPMHP #7343370008734195 OCT 1922815 275.00
09/28/202302000713 PORTOLA PALMS HOMEOWNERS ASSNW1 HOA Fees for PPMHP #12943370008734195 OCT 1922585 275.00
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - CIVIC CENTER PA43310001104610 22115-68 1,679.51
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - CIVIC CENTER PA43310001104610 23121-2 600.44
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - CIVIC CENTER PA43310001104610 23121-4 578.26
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - PARKS43310001104611 22115-69 1,071.85
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - PARKS43310001104611 23121-11 845.62
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - FS 6743310002304220 22115-71 2,072.01
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - FS 6743310002304220 23121-1 495.00
09/28/202302000714 PRO-CRAFT CONSTRUCTION INCW1 PLUMBING SRV - FS 3343310002304220 23121-3 506.65
09/28/202302000715 QUINN COMPANYW1 EXTRA GNRTR SVCS - FS 6743310002304220 WOG00017106 562.50
09/28/202302000715 QUINN COMPANYW1 EXTRA GNRTR SVCS - FS 3343310002304220 WOG00017108 562.50
09/28/202302000716 RAMIREZ, MELANIEW1 08-23CAPPO-MR Mileage43115001104300 08-23CAPPO-MR 163.75
09/28/202302000716 RAMIREZ, MELANIEW1 08-23CAPPO-MR Meals43120001104300 08-23CAPPO-MR 111.00
09/28/202302000716 RAMIREZ, MELANIEW1 08-23CAPPO-MR Lodging43120001104300 08-23CAPPO-MR 175.93
09/28/202302000717 RASIX COMPUTER CENTER INCW1 1 Black & 1 Color Ink42120001104190 ID104618 218.43
09/28/2023Report Date 10Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 54 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000718 RETAIL MARKETING SERVICESW1 SHOPPING CRT RTRVL SRVS-AUG2343090001104422 189275 940.00
09/28/202302000719 RIOS, FREDDYW1 0823WeatherEventBOOTS-FR42191001104159 0823WTHRBOOTS-FR 187.34
09/28/202302000720 SENSERA SYSTEMS INCW1 SITECLOUD SRV EXP 9/14/2414301001100000 225571 540.00
09/28/202302000720 SENSERA SYSTEMS INCW1 SITECLOUD SRV EXP 9/14/2443620001104300 225571 2,052.00
09/28/202302000721 SOUTH COAST LIGHTING & DESIGN INCW1 Lighting for sculpture Sunburs44001004364650 1010553-1 16,833.78
09/28/202302000722 SOUTHERN CALIFORNIA EDISONW1 iHUB SCE (8/3 - 9/1)43950004254430 700423102627SP23 4,577.19
09/28/202302000723 SOUTHWEST AQUATICSW1 JL23 R/M LAGOON - CC PARK43320011104610 07-20705 4,114.00
09/28/202302000723 SOUTHWEST AQUATICSW1 JL23 R/M WATER FEATURE ENTRADA43921011104614 07-20705 1,030.00
09/28/202302000724 STENO SOLUTIONS TRANSCRIPTIONW1 AUG23 Transcrip-Sheriff Dept.43042001104210 43677 103.95
09/28/202302000725 SUNBELT RENTALS INCW1 August '23 Weather Event: Pump42191001104159 143792713-0003 14,804.86
09/28/202302000725 SUNBELT RENTALS INCW1 August '23 Weather Event: Pump42191001104159 143680332-0001 9,018.66
09/28/202302000726 SUPERIOR READY MIX CONCRETEW1 STREET MAINT SUPPLIES42190001104310 363767 2,055.98
09/28/202302000727 T-MOBILE USA INCW1 Sheriff-Timing Advance43042001104210 9544756096 75.00
09/28/202302000727 T-MOBILE USA INCW1 Sheriff GPS Locate43042001104210 9544849628 100.00
09/28/202302000727 T-MOBILE USA INCW1 Sheriff-Area Dump43042001104210 9544572873 100.00
09/28/202302000728 THOMAS A MCGILLISW1 ASL for Oct 5 concert43061011104416 127 180.00
09/28/202302000729 TOWNSEND PUBLIC AFFAIRS INCW1 SP23 Grant Management Services43090001104159 20484 3,750.00
09/28/202302000729 TOWNSEND PUBLIC AFFAIRS INCW1 AG23 Grant Management Services43090001104159 20343 3,750.00
09/28/202302000729 TOWNSEND PUBLIC AFFAIRS INCW1 JL23 Grant Management Services43090001104159 20342 1,875.00
09/28/202302000730 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200034814 203.60
09/28/202302000731 US BANKW1 ADMIN FEE PA #1 5/23-6/2343090001104159 13885664 89.51
09/28/202302000731 US BANKW1 ADMIN FEE PA #2 5/23-6/2343090001104159 13885664 89.51
09/28/202302000731 US BANKW1 ADMIN FEE PA #3 5/23-6/2343090001104159 13885664 89.51
09/28/202302000731 US BANKW1 ADMIN FEE PA #4 5/23-6/2343090001104159 13885664 89.51
09/28/202302000731 US BANKW1 ADMIN FEE CITY 5/23-6/2343090001104159 13885664 580.16
09/28/202302000731 US BANKW1 ADMIN FEE PA #1 7/2343090001104159 13885664 45.49
09/28/202302000731 US BANKW1 ADMIN FEE PA #2 7/2343090001104159 13885664 45.49
09/28/2023Report Date 11Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 55 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/28/2023 - 9/28/2023
City of Palm Desert
Account Number
09/28/202302000731 US BANKW1 ADMIN FEE PA #3 7/2343090001104159 13885664 45.49
09/28/202302000731 US BANKW1 ADMIN FEE PA #4 7/2343090001104159 13885664 45.49
09/28/202302000731 US BANKW1 ADMIN FEE CITY 7/2343090001104159 13885664 294.84
09/28/202302000732 VASQUEZ, AILEENW1 Wellness Fair F&B42190001104154 REIMB 9.25.2023 330.27
09/28/202302000732 VASQUEZ, AILEENW1 Wellness Fair Supplies42190001104154 REIMB 9.25.2023 156.93
09/28/202302000732 VASQUEZ, AILEENW1 Nick Kittle Workshop F&B42190001104154 REIMB 9.25.2023 8.40
09/28/202302000733 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5640627 3,607.48
09/28/202302000733 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5640807 1,302.05
09/28/202302000733 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5642199 1,370.58
09/28/202302000733 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5642222 1,816.02
09/28/202302000733 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5643036 2,055.87
09/28/202302000733 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5643492 1,358.30
09/28/202302000734 WEST COAST ARBORISTS INCW1 August '23 Weather Event: Tree42191001104159 204569 49,567.88
09/28/202302000735 XEROX FINANCIAL SERVICESW1 Copier Lease 3TX40377243420001104190 4628201 191.98
09/28/202302000735 XEROX FINANCIAL SERVICESW1 Xerox 3TX403772 8-9/23 Lease43420001104190 4749041 191.98
09/28/202302000736 XPRESS GRAPHICSW1 NOTIFICATION-FREDWARING 752-2343320002114311 23-55208 376.76
09/28/202302000737 ZAMUDIO, MARCOW1 PURCHASE A TRAILER HITCH43340001104331 REIM-ALLIANCETRL 316.30
Examined and Approved Total For Bank ID - W1
1,388,172.03City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
09/28/2023Report Date 12Page
City & Housing
DocuSign Envelope ID: D653DC78-0639-4571-B37F-CCC071A23651
Page 56 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/28/2023 - 8/28/2023
City of Palm Desert
Account Number
08/28/202310008704 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 07/28/202321601001100000 70854439 61,552.25
08/28/202310008704 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 07/28/202321603001100000 70854439 16,613.92
08/28/202310017824 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 08/11/202321601001100000 83610514 521.21
08/28/202310017824 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 08/11/202321603001100000 83610514 454.92
08/28/202310022242 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 08/02/202321601001100000 33593173 53,615.63
08/28/202310022242 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 08/02/202321603001100000 33593173 15,486.01
08/28/202310213811 Empower Retirement LLCWR 401-A Retire PayDay: 08/02/2321622011100000 1113461120 11,158.22
08/28/202310213811 Empower Retirement LLCWR 401-A Retire PayDay: 08/02/2321622016100000 1113461120 -11,158.22
08/28/202310213811 Empower Retirement LLCWR 401-A Retire PayDay: 08/02/2310292016100000 1113461120 11,158.22
08/28/202310869742 Empower Retirement LLCWR Deferred Comp PayDay 08/02/2310293006100000 1113445642 14,288.88
08/28/202310869742 Empower Retirement LLCWR DEFERRED COMP PAYDAY 08/02/2321621006100000 1113445642 -5,728.83
08/28/202310869742 Empower Retirement LLCWR Deferred Comp PayDay 08/02/2321623006100000 1113445642 -14,288.88
08/28/202310869742 Empower Retirement LLCWR Deferred Comp PayDay 08/02/2321623001100000 1113445642 14,288.88
08/28/202310869742 Empower Retirement LLCWR DEFERRED COMP PAYDAY 08/02/2310291006100000 1113445642 5,728.83
08/28/202310869742 Empower Retirement LLCWR DEFERRED COMP PAYDAY 08/02/2321621001100000 1113445642 5,728.83
08/28/202311179945 STATE OF CALIFORNIAWR PIT W/H PD: 08/02/202321602001100000 7259388 24,483.16
08/28/202313237299 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Emp 08-202321608001100000 100000017234259 183,316.06
08/28/202313237299 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium CC 08-202321608001100000 100000017234259 1,985.18
08/28/202313237299 PUBLIC EMPLOYEES' RETIREMENTWR EMP ADJ 08/202321608001100000 100000017234259 12,533.92
08/28/202313237299 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Retiree 08-202341190005764192 100000017234259 14,351.08
08/28/202314036539 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins - July21616001100000 2505068976 1,065.84
08/28/202314036539 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 07-31-2321616001100000 2505068976 336.86
08/28/202314118729 STATE OF CALIFORNIAWR PIT W/H PD: 08/11/202321602001100000 7272283 89.63
08/28/202315090720 Empower Retirement LLCWR Deferred Comp PayDay 08/16/2310293006100000 1116328953 14,285.60
08/28/202315090720 Empower Retirement LLCWR DEFERRED COMP PAYDAY 08/16/2321621006100000 1116328953 -5,728.83
08/28/202315090720 Empower Retirement LLCWR DEFERRED COMP PAYDAY 08/16/2321621001100000 1116328953 5,728.83
08/28/202315090720 Empower Retirement LLCWR Deferred Comp PayDay 08/16/2321623001100000 1116328953 14,285.60
08/28/2023Report Date 1Page
City & Housing
DocuSign Envelope ID: FE617364-93D7-4476-84D3-BA9C65CD0EC9
Page 57 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/28/2023 - 8/28/2023
City of Palm Desert
Account Number
08/28/202315090720 Empower Retirement LLCWR DEFERRED COMP PAYDAY 08/16/2310291006100000 1116328953 5,728.83
08/28/202315090720 Empower Retirement LLCWR Deferred Comp PayDay 08/16/2321623006100000 1116328953 -14,285.60
08/28/202315090726 Empower Retirement LLCWR 401-A Retire PayDay: 08/16/2310292016100000 1116330966 11,132.71
08/28/202315090726 Empower Retirement LLCWR 401-A Retire PayDay: 08/16/2321622011100000 1116330966 11,132.71
08/28/202315090726 Empower Retirement LLCWR 401-A Retire PayDay: 08/16/2321622016100000 1116330966 -11,132.71
08/28/202318648718 STATE OF CALIFORNIAWR PIT W/H PD: 08/16/202321602001100000 7279431 22,251.67
08/28/202319343912 P E R SWR PERS 1105 07/28/202321611001100000 1002440119 60,010.81
08/28/202319343914 P E R SWR PERS 26565 07/28/202321611001100000 1002440120 46,099.92
08/28/202319344190 P E R SWR Rounding 08/11/202341115001104150 1002440137 0.22
08/28/202319344190 P E R SWR PERS 1105 08/11/202321611001100000 1002440137 59,982.02
08/28/202319344192 P E R SWR PERS 26565 08/11/202321611001100000 1002440138 43,508.18
08/28/202319648420 P E R SWR PERS 1105 07/19/202321611001100000 1002427463 59,134.63
08/28/202319648422 P E R SWR PERS 26565 07/19/202321611001100000 1002427464 45,753.44
08/28/202323215011 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/02/2321626001100000 6502774 5,537.88
08/28/202323215011 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/02/2310292006100000 6502774 5,537.88
08/28/202323215011 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/02/2321622006100000 6502774 -5,537.88
08/28/202328885213 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/11/2321626001100000 6998953 182.32
08/28/202328885213 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/11/2310292006100000 6998953 182.32
08/28/202328885213 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/11/2321622006100000 6998953 -182.32
08/28/202329403347 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/16/2321626001100000 6219070 5,485.28
08/28/202329403347 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/16/2310292006100000 6219070 5,485.28
08/28/202329403347 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 08/16/2321622006100000 6219070 -5,485.28
08/28/202367265861 STERLING ADMINISTRATIONWR FSA HEALTH CARE 08/02/202321616001100000 717247 2,086.73
08/28/202367265861 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 08/02/202321616001100000 717247 777.07
08/28/202367266418 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 08/02/202321616001100000 717677 71.43
08/28/202367268607 STERLING ADMINISTRATIONWR FSA HEALTH CARE 08/16/202321616001100000 718308 2,086.73
08/28/202367268607 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 08/16/202321616001100000 718308 802.07
08/28/2023Report Date 2Page
City & Housing
DocuSign Envelope ID: FE617364-93D7-4476-84D3-BA9C65CD0EC9
Page 58 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/28/2023 - 8/28/2023
City of Palm Desert
Account Number
Examined and Approved Total For Bank ID - WR
802,499.14City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/28/2023Report Date 3Page
City & Housing
DocuSign Envelope ID: FE617364-93D7-4476-84D3-BA9C65CD0EC9
Page 59 of 570
Page 60 of 570
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/19/2023 - 9/19/2023
City of Palm Desert
Account Number
09/19/202302000598 CV PIPELINE COMPANYW1 August '23 Weather Spanish Wlk42191001104159 S3221 3,267.75
09/19/202302000599 HORIZON PROFESSIONAL LANDSCAPEW1 August '23 Weather Parking Lot42191001104159 6585 1,190.00
09/19/202302000599 HORIZON PROFESSIONAL LANDSCAPEW1 August '23 Weather Event: Medi42191001104159 6586 590.00
09/19/202302000599 HORIZON PROFESSIONAL LANDSCAPEW1 August '23 Weather Fallen Tree42191001104159 6588 870.00
09/19/202302000599 HORIZON PROFESSIONAL LANDSCAPEW1 August '23 Weather Parking Lot42191001104159 6589 1,270.00
09/19/202302000599 HORIZON PROFESSIONAL LANDSCAPEW1 August '23 Weather Tree Remove42191001104159 6590 445.00
09/19/202302000599 HORIZON PROFESSIONAL LANDSCAPEW1 August '23 Weather Tree Remove42191001104159 6591 512.50
09/19/202302000600 MARTIN SWEEPINGW1 August 23 Weather Tamarisk42191001104159 25073 1,650.00
09/19/202302000601 MOWERS PLUS INCW1 Aug 23 Weather Equipment Suppl42191001104159 278888 860.87
09/19/202302000601 MOWERS PLUS INCW1 Aug 23 Weather Equipment Suppl42191001104159 278889 831.54
09/19/202302000602 SUNBELT RENTALS INCW1 August '23 Weather Equipment42191001104159 143880514-0001 3,565.36
09/19/202302000603 UNITED RENTALSW1 Aug 23 Weather Water Pumping42191001104159 223607303-001 1,706.76
09/19/202302000604 WEST COAST SAND & GRAVEL INCW1 Aug 23 Weather Sand42191001104159 645436 492.90
Examined and Approved Total For Bank ID - W1
17,252.68City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
09/19/2023Report Date 1Page
City & Housing
DocuSign Envelope ID: B212EEB6-6501-4B78-8720-198119E03CD4
Page 61 of 570
Page 62 of 570
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Thomas Soule, Public Affairs Manager
REQUEST: ACCEPT RESIGNATION FROM THE EPPBID BOARD OF DIRECTORS
RECOMMENDATION:
With regret, accept the resignation of Sonia Campbell from the El Paseo Parking and Business
Improvement District (EPPBID) Board of Directors.
BACKGROUND/ANALYSIS:
After many years of service on the EPPBID Board of Directors, Sonia Campbell tendered her
resignation on September 11, 2023. When her store, Spectacular Shades, closed on August 31,
2023, Ms. Campbell became ineligible to sit on the board, leading to her resignation.
The Board will now seek to fill the empty seat accordin g to its bylaws.
FINANCIAL IMPACT:
There is no fiscal impact.
ATTACHMENT:
None.
Page 63 of 570
Page 64 of 570
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Erika Castellano, Assistant to the City Council
REQUEST: ACCEPT RESIGNATION FROM THE JOSLYN COVE SENIOR CENTER
BOARD
RECOMMENDATION:
With regret, accept the resignation of Peg Leo from The Joslyn Cove Senior Center Board
effective immediately.
BACKGROUND/ANALYSIS:
In June 2019, the City Council appointed Peggy Leo to The Joselyn Cove Senior Center Board
of Directors for a term ending June 30, 2021. Mrs. Leo was subsequently reappointed to a term
ending June 30, 2025.
On September 18, 2023, Mrs. Leo notified City staff of her resignation from The Joslyn Cove
Senior Center Board. As a result of this resignation, The Joslyn Cove Senior Center Board is left
with one vacancy for a term ending on June 30, 2025.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this matter.
Page 65 of 570
Page 66 of 570
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 26, 2023
PREPARED BY: Eric Ceja, Director of Economic Development
REQUEST: AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR THE
SALE OF CITY-OWNED PARCELS WITH ASSESSORS PARCEL
NUMBERS 625-082-022 AND 625-082-023 SUBJECT TO RECEIPT OF A
SURPLUS LAND ACT COMPLIANCE LETTER FROM THE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
RECOMMENDATION:
Authorize the release of a Request for Proposals (RFP) for the sale of city-owned parcels with
APN(s) 625-082-022 and 625-082-023, subject to receipt of a Surplus Land Act (SLA)
compliance letter from the Department of Housing and Community Development (HCD).
BACKGROUND/ANALYSIS:
On February 28, 2023, City staff released a Notice of Availability (NOA) for the “Wallaroo” parcels
(APNs 625-082-022 and 625-082-023) and began negotiations with Steven Walker Communities
(SWC) for disposition of the properties. SWC has informed the City that it is no longer interested
in acquiring the site and there are no other parties that have expressed interest in the properties
through the SLA. City staff is now compiling the necessary information to submit to HCD to obtain
authorization to dispose of the properties outside of the SLA process and anticipates approval
to do so in December 2023.
City staff is aware that other parties are interested in acquiring the site and recommends
soliciting proposals for uses that are compatible with the surrounding area and achieve a fair
market sales price. Compatible uses include single -family and small multi-family residential,
daycare, and recreation. Responses to the RFP will be evaluated based on the highest and best
use and fair market value for the property and a recommendation will be brough back to the City
Council for consideration.
Legal Review:
This report has been reviewed by Special Counsel, Mr. Robert Messinger, with Burke Williams
Sorenson, LLP (BWS).
FINANCIAL IMPACT:
There is no fiscal impact associated with this request.
ATTACHMENT:
Map of APNs 625-082-022 and 625-082-023
Page 67 of 570
Page 68 of 570
EL PASEOPALM DESERT
D
R
NCABRILLO AVEALLEY
ALESSANDRO DR
PALM DESERT DR
S
SAN MARINO WAY
PALM DESERT DR N CABRILLO AVEALESSANDRO DR
HWY 111
HWY 111
Date: 2022
I
VICINITY MAP
Wallaroo Properties
44911 Cabrillo Avenue
APN 625-082-022
44911 Cabrillo Avenue
APN 625-082-023
Page 69 of 570
Page 70 of 570
Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Celina Cabrera, Management Analyst and
Ryan Gayler, Capital Projects Manager
REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT HA45140 WITH
JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE
FURNISHING AND INSTALLATION OF 10 CARPORTS AT ONE QUAIL
PLACE IN THE AMOUNT OF $601,000 (PROJECT CHA00003)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract HA45140 with Jacobsson Engineering
Construction, Inc., for the furnishing and installation of 10 carports at One Quail Place in
the amount of $601,000.
2. Authorize additional 10% contingency in the amount of $60,100 for unforeseen
conditions.
3. Appropriate $661,100 to Account Number No. 8714195-4331100 from the Housing
Authority’s Committed Reserve Funds.
4. Authorize the Executive Director or his designee to take any necessary actions to facilitate
the agreement, to execute the Change Order and any documents necessary to effectuate
the actions taken herewith.
BACKGROUND/ANALYSIS:
On April 27, 2023, the Housing Authority approved Contract No. HA45140 for One Quail Place
Parking Lot Rehabilitation with Jacobsson Engineering Construction Inc., in the amount of
$2,274,467.70 and an additional $454,893.54 contingency for unforeseen conditions.
After the award, RPM Company identified 10 carport structures requiring removal due to safety
concerns. City Building and Safety Inspectors confirmed the risk of eminent structural integrity
failure and immediate removal was required. On June 22, 2023, the Housing Authority ratified
Contract No. HA45110 with Demo Unlimited for the emergent carport removals in the amount of
$51,683.55.
This Change Order request is for the furnishing and installation of 10 carport structures, to
replace the 10 carports that were removed in June. The contractor has provided a cost proposal
in the amount of $601,000 for the work. The contractor has requested that 35 days be added to
the contract to obtain the materials and construct the additional structures.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Page 71 of 570
Palm Desert Housing Authority
Approve Change Order No. 1 to Contract HA45140 for Carports at One Quail Place
Page 2 of 2
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on October 11,
2023. Upon request, a verbal report will be provided at the Authority’s regular meeting on
October 12, 2023
FINANCIAL IMPACT:
The approval of this change order will require an appropriation in a total amount of $661,100,
$601,000 for the change order and $60,100 for contingency, from the Housing Authority’s
Committed Reserve Funds to Account No. 8714195-4331100. The contract amount for Contract
HA45140 will be increased from $2,274,467.70 to 2,875,467.70. Contingency amount increased
from $454,893.54 to $514,993.54 for unforeseen conditions. There is no financial impact to the
City’s General Fund.
ATTACHMENTS:
1. Change Order No. 1
2. Jacobsson Engineering Construction Inc.’s Cost Proposal (dated July 6, 2023)
Page 72 of 570
CITY OF PALM DESERT
CONTRACT CHANGE ORDER
Contractor shall construct, furnish all supervision, labor, services, equipment and materials, and perform all
work necessary or required to fully complete the changes to the Contract described in this Change Order for
the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Time Extension
Revised Contract Time
Attachments
1.
Justification
Description of Changes
Decrease
In Contract Price
Increase
In Contract Price
Totals:
Net Change in Contract Price:
Contract No / P.O. #:
Change Order No.:
Contingency: YES NO
Account No.:
Project No.:
Vendor No.:
Contract Name (“Contract”):
Contractor Name (“Contractor”):
Change Order Date:
P116369HA45140
1
CHA0008
8714195-4331100
V0002883
Contract for Construction
Jacobsson Engineering Construction, Inc.
October 12, 2023
$601,000Furnish and install 10 carports located at One Quail Place
$601,000
Cost Proposal
$601,000
After the award of the inital agreement in April 2023, 10 carports were identified as being at risk of emminetfailure and were removed in June 2023. This Change Order is to furnish and install the 10 carports that wereremoved.
35 additional days
100 days from commencement
Page 73 of 570
Contract No. _________ Contract Change Order No. ___ Continued from Front
In consideration of the change(s) described above, the Contract Price is adjusted as follows:
The original Contract Price was $_____________________
Net change by previously authorized Change Orders $_____________________
The Contract Price prior to this Change Order was $_____________________
The Contract Price will be changed by this Change Order in the amount of $_____________________
The new Contract Price including this Change Order will be $_____________________
The amount of the Contract will be increased by the sum of:
__________________________________________________________ dollars and ___/100 ($___________)
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising
out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost)
set forth herein comprises the total compensation due for the work or change defined in the Change Order,
including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a
binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs,
and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether
known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption,
acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The
adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation
and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit,
labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor
arising out of or related to the change in the Work covered by this Change Order. The Contractor hereby releases
and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim
or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or
as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change
Order will become a supplement to the Contract and all provisions will apply hereto.
1. REQUESTED BY: ______________________
Department Director 2. ACCEPTED BY: ______________________
Contractor
3. CERTIFIED
FUNDS AVAILABLE:
______________________
Finance Director 4. APPROVED BY: ______________________
City Manager
NOTE: No payments will be made prior to City Manager and Council approval
QC: _____
2,274,467.70
0
2,274,467.70
601,000
2,875,467.70
Six hundred and one thousand 00 601,000
HA45140 1
Page 74 of 570
Page 75 of 570
Page 76 of 570
Page 1 of 1
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR
HD SUPPLY FACILITIES MAINTENANCE, LTD., IN THE AMOUNT OF
$10,000 FOR FISCAL YEAR 2022/23
RECOMMENDATION:
Authorize an increase of $10,000 to the not to exceed amount of HD Supply Facilities
Maintenance in Fiscal Year 2022/23 for an aggregate amount of $220,000.
BACKGROUND/ANALYSIS:
On May 22, 2022, the Housing Authority authorized the use of HD Supply Facilities Maintenance
(“HD Supply”) for the purchase of materials and supplies pursuant to the Palm Desert Municipal
Code Section 3.30.160 with a not to exceed amount of $210,000 for FY 2022/23. HD Supply is
utilized by the Authority for the purchase of a variety of materials and supplies, including office
supplies, janitorial/cleaning supplies, plumbing, window coverings, lighting, ceiling fans,
cabinets, and countertops for the management and operation of the Authority’s 15 properties.
The budget is monitored by RPM Company.
After a recent informal audit, in late June 2023, it was discovered that HD Supply was c lose to
meeting their allowed not to exceed amount of $210,000 due to an increase in cost of items plus
the compounding increase of unit turnovers. Purchases from HD Supply were stopped;
However, additional invoices were issued and the not to exceed is ove r-expended. An increase
in not-to-exceed amount is necessary to close the invoices accrued in FY 2022/23.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on October 11,
2023. Upon request, a verbal report will be provided at the Authority’s regular meeting on
October 12, 2023
FINANCIAL IMPACT:
The financial impact of the authorization to the request would result in an increased not to exceed
amount for HD Supply Facilities Maintenance, LTD in FY 2022/23 to $220,000. Authorization
does not require an appropriation and does not impact the General Fund.
Page 77 of 570
Page 78 of 570
Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: HOUSING AUTHORITY - AUTHORIZE THE USE OF QUILL, LLC, AND
NATIONAL SERVICES COMPANY DBA WAXIE SANITARY SUPPLY FOR
THE PURCHASE OF OFFICE, JANITORIAL, AND SANITARY SUPPLIES
FOR THE PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR
2023/24
RECOMMENDATION:
1. Authorize the use of, and establish an account with, Quill, LLC, for the purchase of office
supplies for the management of the Housing Authority properties pursuant to Section
3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $53,700 for
Fiscal Year 2023/24.
2. Authorize the use of, and establish an account with, National Services Company dba Waxie
Sanitary Supply for the purchase of janitorial and sanitary supplies for the Housing Authority
properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount
not to exceed $32,340 for Fiscal Year 2023/24.
BACKGROUND/ANALYSIS:
Palm Desert Housing Authority (“Authority”) purchases office supplies, janitorial, and sanitary
supplies for the management of its 15 properties to include items such as paper, ink, wr iting
material, cleaning, sanitary supplies, etc. Palm Desert Municipal Code Section 3.30.160(E)
allows participation in cooperatives when a competitive bid has already been completed.
Since 2012, the Authority has secured national government cooperative pricing as members of
the national cooperative Omnia Partners, Inc. (“Omnia”). Quill, LLC, and National Services
Company dba Waxie Sanitary Supply are successful national contract holders and have
confirmed to extend the national cooperative contract pric ing and terms to the Authority. A copy
of the Omnia agreement with the respective vendors is on file with the City Clerk’s Office.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on
October 11, 2023. Upon request, a verbal report will be provided at the Authority’s regular
meeting on October 12, 2023.
FINANCIAL IMPACT:
Page 79 of 570
Palm Desert Housing Authority
Authorize the Use of Quill and Waxie for PDHA FYE 2024
Page 2 of 2
Funds have been included in Housing Authority FY 2023/24 Approved Budget in the appropriate
Authority accounts for each of the properties. There is no financial impact to the General Fund
from this action.
ATTACHMENTS:
1. Omnia Partners Participation Letter- Quill, LLC
2. Omnia Partners Participation Letter- National Services Company dba Waxie Sanitary Supply
Page 80 of 570
Page 81 of 570
Page 82 of 570
Page 83 of 570
Page 84 of 570
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RATIFY A LETTER OF SUPPORT FOR COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS’ RECONNECTING COMMUNITIES
PROGRAM FUNDING REQUEST FOR THE ACCESS INDIAN CANYON
DRIVE PROJECT
RECOMMENDATION:
Ratify a letter of support for the Coachella Valley Association of Governments’ (CVAG)
Reconnecting Communities Program funding request for the ACCESS Indian Canyon Drive Project.
BACKGROUND/ANALYSIS:
The Office of the Secretary of Transportation (OST) released a Notice of Funding Opportunity for
the Reconnecting Communities and Neighborhoods (RCN) Program. Funds for the Fiscal Year
2023 RCN Program will be awarded on a competitive basis for projects that advance community-
centered connection transportation projects, with a priority for projects that benefit disadvantaged
communities, by improving access to daily needs such as jobs, education, health care, food,
nature and recreation; fostering equitable development and restoration; and reconnecting
communities by removing, retrofitting, or mitigating highways or other transportation facilities that
create barriers to community connectivity, including to mobility, access, or economic development.
The deadline to submit funding applications was September 28, 2023.
The City Council previously ratified a letter of support f or a funding request from the California
Transportation Commission’s Local Transportation Climate Adaptation Program for the same
project. Specifically, the proposed project is to make improvements that increase the resiliency
of Indian Canyon Drive that help to decrease road closures due to flood and sandstorm events.
Due to the time sensitivity of this matter, the Legislative Review Committee (Mayor Kelly and
Mayor Pro Tem Quintanilla) authorized issuance of the letter and the City Council is requested
to ratify the attached letter.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with issuance of the proposed letter.
ATTACHMENT:
Letter of Support
Page 85 of 570
Page 86 of 570
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
September 21, 2023
The Honorable Pete Buttigieg
Secretary of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
Re: CVAG’s ACCESS Indian Canyon Drive Project – Support
Dear Mr. Secretary:
I am writing on behalf of the City of Palm Desert to express our strong support of the Coachella Valley
Association of Governments’ (CVAG) application to the United States Department of Transportation’s
Reconnecting Communities and Neighborhoods (RCN) Program. CVAG’s Addressing Climate Change,
Emergencies and Sand Storms (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 the RCN program, CVAG's
ACCESS project will help make resiliency improvements to Indian Canyon Dr ive, 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 RCN program for the ACCESS Indian Canyon Drive project and eagerly
anticipate your favorable consideration.
Sincerely,
Kathleen Kelly, Mayor
City of Palm Desert
Page 87 of 570
Page 88 of 570
From:Brad Anderson
To:CouncilMeeting Comments; CouncilMeeting Comments
Subject:Public Comment - Agenda Item: 13.i (Palm Desert City Council meeting of October 12, 2023)
Date:Saturday, October 7, 2023 7:06:55 PM
October 7, 2023
City of Palm Desert
City Council/City Hall Chamber
73510 Fred Waring Dr.
Palm Desert, CA.
Attn: City Clerk/City Council/General Public
Re: Written letter to be entered in the Public record and made available for public Inspection
for the October 12, 2023 - Palm Desert City Council meeting (Agenda Item: 13.i - Letter of
support for City of Palm Springs (OTS) resources)
Dear current City Council members,
It's unreasonable to consider that the City's assigned Legislative Review committee (Council
members Kelly & Quintanilla) have the BEST Interests for City's Residents and Businesses
when they have drafted a political aspired letter to the Office of the Secretary of
Transportation (OST) dated September 21, 2023. City's own staff report states that the final
date for (OST) requests for funding form the "Reconnecting Communities and Neighborhoods
program (RCN) was on September 28, 2023. The date of October 12, 2023 is when those two
(2) City Council members have requested other City elected officials to support a letter that
has misrepresented that Palm Springs region and promotes a narrative of "Climate change" in
an potential attempt to "fear monger" and gain political favor.
It's been repeatedly demonstrated that the current Palm Desert City Council has been
unsuccessful In It's own operations within its boundaries. The Coachella Valley Association
of Government (CVAG) has been compromised by its organization structure to promote and
fund social Issues over quality of life issues for Coachella Valley Resident's and Businesses.
CVAG administered a online survey prior to this official request for funding for the City of
Palm Springs asking for written comments on the Indian Canyon Dr. Roadway - and a chance
to win a "Gift Card". That survey had several misleading and unavoidable questions that
would ONLY support the proposed Bridge(s) and other unnecessary addiction expenses to the
Indian Canyon Drive roadway (Very deceptive survey to gain support from everyone that
participated).
Please consider NOT supporting the Citys letter that was clearly written to be deceptive in
nature. It's critical that the current City Council members represent their Resident's by NOT
submitting a letter to the (OST).
Please consider writing Individual letters if desired like many Local residents will be doing -
Sincerely,
Brad Anderson | Rancho Mirage, CA. |
Cc:11] Page 89 of 570
Page 90 of 570
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Michelle Nance, Deputy Clerk, I
REQUEST: RECEIVE AND FILE THE INVESTMENT REPORT, GENERAL FUND,
PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT
FINANCIAL REPORTS FOR YEAR ENDING JUNE 30, 2023, AND MONTH
ENDING AUGUST 30, 2023
RECOMMENDATION:
Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and
Desert Willow Golf Resort Financial Reports for the year ending June 30, 2023, and month
ending August 30, 2023.
BACKGROUND/ANALYSIS:
On September 26, 2023, the Finance Committee reviewed the financial reports for the year
ending June 30, 2023 and month ending August 30, 2023. The Finance Committee reviews the
reports on a bi-monthly basis and then the reports are forwarded to the City Council.
Staff recommends the reports be received and filed.
FINANCIAL IMPACT:
There is no financial impact with this action .
ATTACHMENTS:
Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort
Financial Reports for the year ending June 30, 2023, and month ending August 30, 2023.
Page 91 of 570
Page 92 of 570
City of Palm Desert
Investments Summary
Through June 2023
The City’s investment portfolio is detailed below. Investment transactions were executed in
accordance with the California State Government Code, the City’s Investment Policy and all
bond indentures.
Investment Portfolio:
$ Millions
Beginning Ending
Book Value Purchases & Redemptions & Book Value % of
Asset Class 5/1/2023 Deposits Withdrawals 6/30/2023 Portfolio
Agencies 30.97$ -$ -$ 30.97$ 10%
Corporates 30.00$ -$ -$ 30.00$ 9%
Negotiable CD's -$ -$ -$ -$ 0%
CAMP Pool 157.42$ 1.37$ -$ 158.79$ 49%
LAIF Pool 20.66$ 0.16$ -$ 20.82$ 6%
County Pool 2.50$ -$ -$ 2.50$ 1%
Custodian ®64.26$ 0.48$ -$ 64.74$ 20%
Trustee ®2.95$ -$ -$ 2.95$ 1%
Cash 12.78$ 39.00$ 36.79$ 14.99$ 5%
Total 321.54$ 41.01$ 36.79$ 325.76$ 100%
® = Restricted funds based upon bond indenture terms.
The City Union Bank checking accounts merged with US Bank in May. Additionally, the City opened
new checking accounts with Wells Fargo in May. Cash Deposit and Withdrawal amounts include US
Bank to Wells Frago balance transfers as well as sweep account transfers which earned at a fund
Yield of 4.95% in June. Major changes to the portfolio over the reporting period include California
sales tax of $4.5 M, property taxes of $1.9 M, and Measure A of $.30 M received by the City.
Portfolio Allocations, Maturities and Performance:
59%
22%
10%
10%
Local Govt
Restricted
Custody/Trus…
Corporate
Agency
Investment
Allocation
-
2
4
6
9M 1Y 2Y 3Y 4Y 5Y
Investment
Maturity
0
2
4
6
1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun
Performance - Total Porfolio
City Yield LAIF Yield
1Y T-Bill CAMP
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 93 of 570
CITY OF PALM DESERT
Portfolio Management
June 30, 2023
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value Term
Days to
Mat./Call
YTM/C
365 Equiv.
CAMP 158,792,423.09 151.09 5.2401158,792,423.09158,792,423.09
FEDERAL AGENCY - COUPON 13,997,213.17 1994.50 0.43983013,465,070.0014,000,000 00
LAIF 20,817,543.64 16.70 3.150120,817,543.6420,817,543.64
FEDERAL AGENCY - CALLABLE 16,984,552.57 2925.47 0.42793016,219,810.0017,000,000 00
TRUSTEE CASH BALANCES 2,948,750.21 10.95 0.28412,948,750.212,948,750 21
MEDIUM-TERM NOTES 29,997,105.92 6509.65 2.9171,11829,188,710.0030,000,000 00
CUSTODIAN PROJECT FUNDS 64,741,624.30 120.83 4.920164,741,624.3064,741,624 30
RIVERSIDE COUNTY POOL 2,504,768.68 10.81 3.86012,504,768.682,504,768.68
310,783,981.58 100.00%Investments 308,678,699.92310,805,109.92 88 197 4.272
Cash
(not included in yield calcula ions)
Passbook/Checking 14,985,060.36 1 0.000114,985,060.3614,985,060 36
325,769,041.94Total Cash and Investments 323,663,760.28325,790,170.28 88 197 4.272
Current Year
June 30
1,087,906.41
Fiscal Year To Date
9,507,939.23 9,507,939.23
Fiscal Year Ending
Average Daily Balance
Effective Rate of Return
327,070,790.49
4.05%
Total Earnings Month Ending
This investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash
to fund city expenditures for the next six months. US Bank Custody Services has provided market value prices for all corporate securities. All balances are bank balances. The "% of Portfolio" calculation
on the Portfolio Summary page omits demand deposits.
__________________________________________________ ____________________
Veronica Chavez, Finance Director
Portfolio CITY
AP
Reporting period 06/01/2023-06/30/2023
Run Date: 09/11/2023 - 09:45 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
9/21/2023
Page 94 of 570
YTM/C
365
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PALM DESERT
Days to
Mat./CallMoody'sCUSIPInvestment #
Purchase
Date
CAMP
5.240C.A.M.P. POOL (CITY)13 154,438,584.68 154,438,584.68 5.240154,438,584.68SYS13 1
5.240C.A.M.P. POOL (DESERT WILLOW)12444 4,353,838.41 4,353,838.41 5.2404,353,838.41SYS12444 1
158,792,423.09158,792,423.09158,792,423.09158,133,720.55Subtotal and Average 5.240 1
U.S. BANK / LAIF BOND PROCEEDS
0.203LOCAL AGENCY INVESTMENT FUND12-33-084 0.00 0.00 0.2030.00252026003 1
0.000.000.000.00Subtotal and Average 0.000 0
FEDERAL AGENCY - COUPON
0.505FEDERAL HOME LOAN BANK664 3,000,000.00 2,999,816.54 10/28/20240.50007/28/2021 2,833,650.00 Aaa3130ANAC4 485
0.500FEDERAL HOME LOAN BANK710 5,000,000.00 5,000,000.00 12/08/20230.50011/04/2021 4,830,800.00 Aaa3130APR72 160
0.360FEDERAL HOME LOAN MTG CORP706 3,000,000.00 2,997,952.72 10/16/20230.12510/21/2021 2,893,710.00 Aaa3137EAEY1 107
0.350FEDERAL HOME LOAN MTG CORP707 3,000,000.00 2,999,443.91 09/08/20230.25010/21/2021 2,906,910.00 Aaa3137EAEW5 69
13,997,213.1713,465,070.0014,000,000.0013,996,804.52Subtotal and Average 0.439 199
LAIF
3.150LOCAL AGENCY INVESTMENT FUND12000 20,817,543.64 20,817,543.64 3.15020,817,543.6412000 1
20,817,543.6420,817,543.6420,817,543.6420,660,775.78Subtotal and Average 3.150 1
FEDERAL AGENCY - CALLABLE
0.520FEDERAL FARM CREDIT BANK668 5,000,000.00 4,985,335.03 12/23/20240.32009/14/2021 4,655,800.00 Aaa3133EMLP5 541
0.370FEDERAL FARM CREDIT BANK698 3,000,000.00 2,999,727.50 10/20/20230.34010/20/2021 2,908,920.00 Aaa3133ENBN9 111
0.331FEDERAL FARM CREDIT BANK699 3,000,000.00 2,999,490.04 10/12/20230.27010/19/2021 2,901,330.00 Aaa3133ENAU4 103
0.400FEDERAL HOME LOAN BANK660 3,000,000.00 3,000,000.00 07/29/20240.40007/29/2021 2,854,620.00 Aaa3130AN7K0 394
0.450FEDERAL HOME LOAN BANK708 3,000,000.00 3,000,000.00 11/24/20230.45011/24/2021 2,899,140.00 Aaa3130APMC6 146
16,984,552.5716,219,810.0017,000,000.0016,984,043.41Subtotal and Average 0.427 292
TRUSTEE CASH BALANCES
0.030GOLDMAN SACHS GOVERNMENT FUND382 0.00 0.00 0.0300.00 Aaa252026000-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND383 0.00 0.00 0.03007/01/2022 0.00 Aaa252026001-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND384 0.00 0.00 0.0300.00 Aaa252026002-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND385 0.00 0.00 0.0300.00 Aaa252026003-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND386 0.00 0.00 0.0300.00 Aaa252026004-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND401 0.00 0.00 0.0300.00 Aaa252026017-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND402 0.00 0.00 0.0300.00 Aaa252026018-G 1
Portfolio CITY
AP
Run Date: 09/11/2023 - 09:45 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 95 of 570
YTM/C
365
Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PALM DESERT
Days to
Mat./CallMoody'sCUSIPInvestment #
Purchase
Date
TRUSTEE CASH BALANCES
5.020GOLDMAN SACHS GOVERNMENT FUND404 27.47 27.47 5.02027.47 Aaa260128000-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND405 0.00 0.00 0.03007/01/2022 0.00 Aaa260128001-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND407 0.00 0.00 0.03007/01/2022 0.00 Aaa260128002-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND408 0.00 0.00 0.03007/01/2022 0.00 Aaa260128003-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND409 0.00 0.00 0.03007/01/2022 0.00 Aaa260128004-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND410 0.00 0.00 0.0300.00 Aaa260128005-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND412 0.00 0.00 0.0300.00 Aaa260128006-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND414 0.00 0.00 0.0300.00 Aaa260128007-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND415 0.00 0.00 0.0300.00 Aaa260128008-G 1
5.020GOLDMAN SACHS GOVERNMENT FUND416 143.83 143.83 5.020143.83 Aaa260128009-G 1
5.020GOLDMAN SACHS GOVERNMENT FUND417 853.68 853.68 5.020853.68 Aaa260128010-G 1
5.020GOLDMAN SACHS GOVERNMENT FUND418 165,719.72 165,719.72 5.020165,719.72 Aaa260128011-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND419 0.00 0.00 0.0300.00 Aaa261470000-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND420 0.00 0.00 0.0300.00 Aaa261470001-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND421 0.00 0.00 0.0300.00 Aaa261470002-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND671 43.72 43.7243.72 Aaa263346000-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND672 0.50 0.5007/01/2022 0.50 Aaa263346001-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND673 0.19 0.190.19 Aaa263346002-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND674 874,214.36 874,214.36874,214.36 Aaa263346003-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND675 0.00 0.00 0.03007/01/2022 0.00 Aaa263346004-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND676 0.94 0.94 0.03007/01/2022 0.94 Aaa263346005-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND677 0.00 0.000.00 Aaa263346006-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND678 1.53 1.531.53 Aaa263346007-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND679 1.69 1.69 0.03007/01/2022 1.69 Aaa263599000-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND680 81.25 81.2507/01/2022 81.25 Aaa263599001-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND682 1,416,852.99 1,416,852.991,416,852.99 Aaa263599002-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND683 0.00 0.000.00 Aaa263599003-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND684 0.00 0.00 0.03007/01/2022 0.00 Aaa269048000-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND685 19.62 19.6219.62 Aaa271146000-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND687 0.10 0.1007/01/2022 0.10 Aaa271146001-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND688 0.03 0.03 0.03007/01/2022 0.03 Aaa271146002-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND689 468,407.70 468,407.70468,407.70 Aaa271146003-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND690 0.00 0.00 0.03007/01/2022 0.00 Aaa271146004-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND691 0.70 0.70 0.03007/01/2022 0.70 Aaa271146005-G 1
0.000GOLDMAN SACHS GOVERNMENT FUND692 0.00 0.000.00 Aaa271146006-G 1
0.030GOLDMAN SACHS GOVERNMENT FUND693 0.00 0.00 0.03007/01/2022 0.00 Aaa277580000-G 1
Portfolio CITY
AP
Run Date: 09/11/2023 - 09:45 PM (PRF_PM2) 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 96 of 570
YTM/C
365
Page 3
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PALM DESERT
Days to
Mat./CallMoody'sCUSIPInvestment #
Purchase
Date
TRUSTEE CASH BALANCES
0.005GOLDMAN SACHS GOVERNMENT FUND744 22,380.19 22,380.19 0.00522,380.19 Aaa263599004 1
2,948,750.212,948,750.212,948,750.212,948,063.13Subtotal and Average 0.284 1
MEDIUM-TERM NOTES
0.450AMAZON.COM INC.662 3,000,000.00 3,000,000.00 05/12/20240.45007/19/2021 2,852,400.00 A023135BW5 316
0.500CATERPILLAR FINANCIAL SERVICES697 3,000,000.00 2,998,687.54 05/17/20240.45010/08/2021 2,841,930.00 A14913R2L0 321
5.250Freddie Mac760 5,000,000.00 5,000,000.00 12/30/20245.25012/30/2022 5,000,000.00 Aaa3134GYAB8 548
6.750GOLDMAN SACHS GOVERNMENT FUND752 5,000,000.00 5,000,000.00 10/29/20276.75010/31/2022 5,000,000.00 A238150APM1 1,581
3.999MORGAN STANLEY747 5,000,000.00 5,000,000.00 07/23/20254.00009/01/2022 5,000,000.00 A16174468C6 753
0.500TOYOTA MOTOR CREDIT CORP658 3,000,000.00 3,000,000.00 06/18/20240.50006/18/2021 2,831,460.00 A89236TJH9 353
0.530TOYOTA MOTOR CREDIT CORP659 3,000,000.00 2,999,135.77 06/18/20240.50007/08/2021 2,831,460.00 A89236TJH9 353
0.525TOYOTA MOTOR CREDIT CORP667 3,000,000.00 2,999,282.61 06/18/20240.50009/14/2021 2,831,460.00 A89236TJH9 353
29,997,105.9229,188,710.0030,000,000.0029,996,979.61Subtotal and Average 2.917 650
CUSTODIAN PROJECT FUNDS
4.920FIRST AMERICAN US TREASURY MMF647 6,008,950.46 6,008,950.46 4.9206,008,950.46 Aaa6736302420-G 1
4.920FIRST AMERICAN US TREASURY MMF648 26,204,708.31 26,204,708.31 4.92026,204,708.31 Aaa6736302430-G 1
4.920FIRST AMERICAN US TREASURY MMF649 12,405,185.02 12,405,185.02 4.92012,405,185.02 Aaa6736302440-G 1
4.920FIRST AMERICAN US TREASURY MMF650 20,122,780.51 20,122,780.51 4.92020,122,780.51 Aaa6736302450-G 1
64,741,624.3064,741,624.3064,741,624.3064,501,303.53Subtotal and Average 4.920 1
RIVERSIDE COUNTY POOL
3.860POOLED INVESTMENT FUND052460 2,504,768.68 2,504,768.68 3.8602,504,768.68 Aaa052460 1
2,504,768.682,504,768.682,504,768.682,504,768.68Subtotal and Average 3.860 1
CUSTODIAN PROJECT FUNDS
0.010GOLDMAN SACHS TREASURY FUND498 0.00 0.00 0.0100.00 Aaa6736302420 1
0.010GOLDMAN SACHS TREASURY FUND499 0.00 0.00 0.0100.00 Aaa6736302430 1
0.010GOLDMAN SACHS TREASURY FUND500 0.00 0.00 0.0100.00 Aaa6736302440 1
0.010GOLDMAN SACHS TREASURY FUND501 0.00 0.00 0.0100.00 Aaa6736302450 1
0.000.000.000.00Subtotal and Average 0.000 0
Portfolio CITY
AP
Run Date: 09/11/2023 - 09:45 PM (PRF_PM2) 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 97 of 570
YTM/C
365
Page 4
Par Value Book Value
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF PALM DESERT
Days to
Mat./CallMoody'sCUSIPInvestment #
Purchase
Date
327,070,790.49 310,805,109.92 4.272 88308,678,699.92 310,783,981.58Total and Average
Portfolio CITY
AP
Run Date: 09/11/2023 - 09:45 PM (PRF_PM2) 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 98 of 570
YTM/C
365
Page 5
Par Value Book Value
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
CITY OF PALM DESERT
Days to
Mat./CallMoody'sCUSIPInvestment #
Purchase
Date
CUSTODIAN PROJECT FUNDS
0.000CITY OF PALM DESERT753 0.00 0.0010/27/2022 0.00SYS753 1
UNION BANK CHECKING ACCOUNTS
0.000CITY OF PALM DESERT MAIN13016 0.00 0.000.00SYS13016 1
0.000DESERT WILLOW GOLF COURSE13013 0.00 0.0007/01/2022 0.00SYS13013 1
0.000PUBLIC SAFETY CHECKING602 0.00 0.0007/01/2022 0.00SYS602 1
0.000RECREATIONAL FACILITIES CORP13020 0.00 0.0007/01/2022 0.00SYS13020 1
0.000US Bank 1101 10,086,424.15 10,086,424.1505/26/2023 10,086,424.15SYS9121 1
0.000US Bank 1DW102 862,387.05 862,387.0505/26/2023 862,387.05SYS9154 1
0.000US Bank 1PDRFC103 613,463.61 613,463.6105/26/2023 613,463.61SYS9162 1
0.000US Bank 1PUBSAF107 1,136,961.77 1,136,961.7705/26/2023 1,136,961.77SYS4316 1
0.000WELLS FARGO BANKWFDW111 1,257,616.39 1,257,616.3905/24/2023 1,257,616.39 A1SYS6359 1
0.000WELLS FARGO BANKWFMAIN108 231,961.00 231,961.0005/19/2023 231,961.00 A1SYS6391 1
0.000WELLS FARGO BANKWFPDRFC112 796,246.39 796,246.3905/24/2023 796,246.39 A1SYS6342 1
0.00
327,070,790.49 325,790,170.28 4.272 88
1Average Balance
323,663,760.28 325,769,041.94Total Cash and Investments
Portfolio CITY
AP
Run Date: 09/11/2023 - 09:45 PM (PRF_PM2) 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 99 of 570
CITY OF PALM DESERT
LONG-TERM LOANS RECEIVABLE
June 30, 2023
11-Sep-23
12:50 PM
SymPro Book Stated
No.Investment Value Maturity Date Interest Rate
1 City Loan to RDA*-$ N/A 0.20%
348 EIP Loan **1,053,000.00$ 09/02/34 7.00%
594 Highlands Utility Undergrounding ***42,270.34$ 09/02/36 5.35%
Assessment District 04-01 Deferred Loan
Footnotes
*On May 17, 2019, the California State Department of Finance (DOF) denied the 1986 City Loan in the principal
amount of $6,000,000 as an enforceable obligation of the Successor Agency of the Palm Desert Redevelopment
Agency. Several attempts have been made to challenge this decision. The DOF, however, continues to maintain
its position and its interpretation of the dissolution law as it relates to the loans.
** EIP balance adjustments made on March 2
and on September 2 of each year.
*** Highlands balance adjustments made on
March 2 and on September 2 of each year.
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 100 of 570
PALM DESERT HOUSING AUTHORITY
Portfolio Management
June 30, 2023
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value Term
Days to
Mat./Call
YTM/C
365 Equiv.
CAMP 50,910,721.38 198.08 5.240150,910,721.3850,910,721.38
LAIF 998,018.16 11.92 3.3601998,018.16998,018.16
51,908,739.54 100.00%Investments 51,908,739.5451,908,739.54 1 1 5.204
Cash
(not included in yield calculations)
Passbook/Checking 5,164,918.74 1 0.00015,164,918.745,164,918.74
57,073,658.28Total Cash and Investments 57,073,658.2857,073,658.28 1 1 5.204
Current Year
June 30
221,090.67
Average Daily Balance
Effective Rate of Return
56,887,871.97
4.73%
Total Earnings Month Ending
This investment portfolio complies with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fund
Housing Authority operations for the next six months. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits.
__________________________________________________ ____________________
Veronica Chavez, Finance Director
Portfolio HA
AP
Reporting period 06/01/2023-06/30/2023
Run Date: 09/11/2023 - 09:48 PM (PRF_PM1) 7.3.11No fiscal year history available
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
9/21/2023
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Days to
Mat./Call
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
PALM DESERT HOUSING AUTHORITY
YTM/C
365Moody'sCUSIPInvestment #
Purchase
Date
CAMP
1CA ASSET MANAGEMENT PROGRAM12008 50,910,721.38 50,910,721.38 5.24050,910,721.38SYS12008 5.240
50,910,721.3850,910,721.3850,910,721.3850,699,533.59Subtotal and Average 1 5.240
CUSTODIAN PROJECT FUNDS
1GOLDMAN SACHS TREASURY FUND590 0.00 0.00 0.0100.00 Aaa6736302460 0.010
0.000.000.000.00Subtotal and Average 0 0.000
LAIF
1LOCAL AGENCY INVESTMENT FUND21003 998,018.16 998,018.16 3.360998,018.16SYS21003 3.360
998,018.16998,018.16998,018.16990,502.52Subtotal and Average 1 3.360
CUSTODIAN PROJECT FUNDS
1FIRST AMERICAN US TREASURY MMF597 0.00 0.00 4.86001/01/2021 0.00 Aaa6736302460-G 4.860
0.000.000.000.91Subtotal and Average 0 0.000
56,887,871.97 51,908,739.54 1 5.20451,908,739.54 51,908,739.54Total and Average
Portfolio HA
AP
Run Date: 09/11/2023 - 09:48 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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Days to
Mat./Call
Page 2
Par Value Book Value
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
PALM DESERT HOUSING AUTHORITY
YTM/C
365Moody'sCUSIPInvestment #
Purchase
Date
CHECKING
1HOUSING AUTH CHECKING25015 1,045,814.24 1,045,814.241,045,814.24SYS25015 0.000
1HOUSING AUTH CHECKINGHSG104 3,165.80 3,165.8006/01/2023 3,165.80SYS9204 0.000
1HOUSING AUTH TRUST25016 0.00 0.0007/01/2020 0.00SYS25016 0.000
1WELLS FARGO BANKWFHSG113 3,620,040.20 3,620,040.2006/01/2023 3,620,040.20 A1SYS6375 0.000
1WELLS FARGO BANKWFHSGT 495,898.50 495,898.5006/01/2023 495,898.50 A1SYS6367 0.000
0.00
56,887,871.97 57,073,658.28 1 5.204
1Average Balance
57,073,658.28 57,073,658.28Total Cash and Investments
Portfolio HA
AP
Run Date: 09/11/2023 - 09:48 PM (PRF_PM2) 7.3.11
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RDA SUCCESSOR AGENCY
Portfolio Management
June 30, 2023
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value Term
Days to
Mat./Call
YTM/C
365 Equiv.
RIVERSIDE COUNTY POOL 340.91 10.00 3.8601340.91340.91
CAMP 5,973.09 10.05 5.24015,973.095,973.09
LAIF 762.35 10.01 3.3601762.35762.35
TRUSTEE CASH BALANCES - MMA 12,467,964.88 199.74 0.000112,467,964.8812,467,964.88
TRUSTEE CASH BALANCES - GF 25,848.53 10.21 5.020125,848.5325,848.53
12,500,889.76 100.00%Investments 12,500,889.7612,500,889.76 1 1 0.013
Cash
(not included in yield calculations)
Passbook/Checking 29,439,853.42 1 0.000129,439,853.4229,439,853.42
41,940,743.18Total Cash and Investments 41,940,743.1841,940,743.18 1 1 0.013
Current Year
June 30
135.00
Average Daily Balance
Effective Rate of Return
49,358,587.00
0.00%
Total Earnings Month Ending
This investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Pursuant to ABX126, the availability of cash to
fund the Palm Desert RDA Successor Agency's debt service is dependent upon the County of Riverside and the State of California. All balances are bank balances. The "% of Portfolio" calculation on the
Portfolio Summary page omits demand deposits.
__________________________________________________ ____________________
Veronica Chavez, Finance Director
Portfolio RDAS
AP
Reporting period 06/01/2023-06/30/2023
Run Date: 09/11/2023 - 09:44 PM (PRF_PM1) 7.3.11No fiscal year history available
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
9/21/2023
Page 104 of 570
Days to
Mat./Call
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
RDA SUCCESSOR AGENCY
YTM/C
365Moody'sCUSIPInvestment #
Purchase
Date
RIVERSIDE COUNTY POOL
1POOLED INVESTMENT FUND052470 340.91 340.91 3.86007/01/2020 340.91 Aaa052470 3.860
340.91340.91340.91340.91Subtotal and Average 1 3.860
CAMP
1C.A.M.P. POOL (RDA S.A.)578 5,973.09 5,973.09 5.2405,973.09SYS578 5.240
5,973.095,973.095,973.095,948.31Subtotal and Average 1 5.240
LAIF
1L.A.I.F. (RDA S.A.)604 762.35 762.35 3.36007/01/2020 762.35SYS604 3.360
762.35762.35762.35756.61Subtotal and Average 1 3.360
TRUSTEE CASH BALANCES - MMA
1U.S. BANK MONEY MARKET ACCOUNT830 0.05 0.0507/01/2020 0.05 P-1247394001-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT832 0.00 0.00 0.01007/01/2020 0.00 P-1247394003-U 0.010
1U.S. BANK MONEY MARKET ACCOUNT833 1.03 1.031.03 P-1247394002-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT834 414,240.55 414,240.55414,240.55 P-1247394000-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT837 14.42 14.4214.42 P-1236781002-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT838 0.00 0.00 0.01007/01/2020 0.00 P-1236781003-U 0.010
1U.S. BANK MONEY MARKET ACCOUNT839 7,343,214.39 7,343,214.397,343,214.39 P-1236781000-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT842 0.00 0.00 0.01007/01/2020 0.00 P-1253446003-U 0.010
1U.S. BANK MONEY MARKET ACCOUNT843 7.66 7.667.66 P-1253446002-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT844 2,040,474.27 2,040,474.272,040,474.27 P-1253446000-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT845 0.41 0.4107/01/2020 0.41 P-1253446001-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT853 2,669,988.69 2,669,988.692,669,988.69 P-1224324000-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT855 0.79 0.7907/01/2020 0.79 P-1224324001-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT856 22.55 22.5522.55 P-1224324002-U 0.000
1U.S. BANK MONEY MARKET ACCOUNT857 0.00 0.00 0.01007/01/2020 0.00 P-1224324003-U 0.010
1U.S. BANK MONEY MARKET ACCOUNT881 0.07 0.0709/01/2020 0.07 P-1236781001-U 0.000
12,467,964.8812,467,964.8812,467,964.8812,467,913.70Subtotal and Average 1 0.000
TRUSTEE CASH BALANCES - GF
1GOLDMAN SACHS GOVERNMENT FUND811 25,848.53 25,848.53 5.02025,848.53 Aaa277861000-G 5.020
1GOLDMAN SACHS GOVERNMENT FUND812 0.00 0.00 0.0300.00 Aaa277861001-G 0.030
1GOLDMAN SACHS GOVERNMENT FUND813 0.00 0.00 0.03007/01/2020 0.00 Aaa277861002-G 0.030
1GOLDMAN SACHS GOVERNMENT FUND814 0.00 0.00 0.03007/01/2020 0.00 Aaa277861003-G 0.030
Portfolio RDAS
AP
Run Date: 09/11/2023 - 09:44 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 105 of 570
Days to
Mat./Call
Page 2
Par Value Book Value
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
RDA SUCCESSOR AGENCY
YTM/C
365Moody'sCUSIPInvestment #
Purchase
Date
25,848.5325,848.5325,848.5325,743.79Subtotal and Average 1 5.020
49,358,587.00 12,500,889.76 1 0.01312,500,889.76 12,500,889.76Total and Average
Portfolio RDAS
AP
Run Date: 09/11/2023 - 09:44 PM (PRF_PM2) 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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Days to
Mat./Call
Page 3
Par Value Book Value
Stated
RateMarket Value
June 30, 2023
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
RDA SUCCESSOR AGENCY
YTM/C
365Moody'sCUSIPInvestment #
Purchase
Date
UNION BANK CHECKING ACCOUNTS
1RDA SUCCESSOR AGENCY582 0.00 0.000.00SYS582 0.000
1RDA SUCCESSOR AGENCYRDA106 29,439,853.42 29,439,853.4206/01/2023 29,439,853.42SYS4021 0.000
0.00
49,358,587.00 41,940,743.18 1 0.013
1Average Balance
41,940,743.18 41,940,743.18Total Cash and Investments
Portfolio RDAS
AP
Run Date: 09/11/2023 - 09:44 PM (PRF_PM2) 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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PALM DESERT RDA SUCCESSOR AGENCY
LONG-TERM LOANS RECEIVABLE
June 30, 2023
11-Sep-23
12:52 PM
.
SymPro Book Stated
No.Investment Value Maturity Date Interest Rate
738 EIP Loan *126,000.00$ 09/02/29 3.00%
Footnotes
*EIP balance adjustments made on March 2
and September 2 of each year.
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MALIA M. COHEN
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
Agency Name CITY OF PALM DESERT
Account Number
As of 07/14/2023, your Local Agency Investment Fund account has been directly credited
with the interest earned on your deposits for the quarter ending 06/30/2023
Earnings Ratio .00008636172883763
Interest Rate 3 15%
Dollar Day Total $1,877,841,667.91
Quarter End Principal Balance $20,655,369.99
Quarterly Interest Earned $162,173.65
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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MALIA M. COHEN
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
Agency Name PALM DESERT HOUSING AUTHORITY
Account Number
As of 07/14/2023, your Local Agency Investment Fund account has been directly credited
with the interest earned on your deposits for the quarter ending 06/30/2023
Earnings Ratio .00008636172883763
Interest Rate 3 15%
Dollar Day Total $90,025,963.56
Quarter End Principal Balance $990,243.36
Quarterly Interest Earned $7,774.80
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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MALIA M. COHEN
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
Agency Name S/A TO THE PALM DESERT
Account Number
As of 07/14/2023, your Local Agency Investment Fund account has been directly credited
with the interest earned on your deposits for the quarter ending 06/30/2023
Earnings Ratio .00008636172883763
Interest Rate 3 15%
Dollar Day Total $68,767.53
Quarter End Principal Balance $756.41
Quarterly Interest Earned $5.94
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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Fund Detail Report
Parameters:Query: Fund Detail
County of Riverside Treasurer-Tax Collector
Account Number
Run Date:07-Jul-2023 09:56:05 AM User:Susan
From :
To :
As at :
01-Jun-2023
30-Jun-2023
07-Jul-2023
Balance Calculation Based On:Value Date
Closing BalanceReceiptsInstrumentEntityDeal NoValue Date T/TBank Value Date Peoplesoft Desc.
/p g
Ticket No
Journal Date
external ref t Receipts AmountCR
Payments
Account Name :
Account Number :
City Of Palm Desert
6/1/2023 6/1/2023 $2,504,768.68 OB $2,504,768.68 $0.00
$2,504,768.68 $2,504,768.68 $0.00
Account Name :
Account Number :
RDA Successor Agcy Palm Desert
6/1/2023 6/1/2023 $2,505,109.59 OB $340.91 $0.00
$340.91 $340.91 $0.00
Printed on 7/7/2023 Page 1 of 1End of Report
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CITY OF PALM DESERTPortfolio ManagementMay 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.CAMP 158,111,006.67 151.05 5.1601158,111,006.67158,111,006.67FEDERAL AGENCY - COUPON 13,996,367.69 2294.52 0.43983013,465,070.0014,000,000.00LAIF 20,655,369.99 16.67 2.993120,655,369.9920,655,369.99FEDERAL AGENCY - CALLABLE 16,983,499.13 3225.48 0.42793016,219,810.0017,000,000.00TRUSTEE CASH BALANCES 2,948,039.44 10.95 0.28212,948,039.442,948,039.44MEDIUM-TERM NOTES 29,996,844.59 6809.69 2.9171,11829,188,710.0030,000,000.00CUSTODIAN PROJECT FUNDS 64,493,016.61 120.83 4.790164,493,016.6164,493,016.61RIVERSIDE COUNTY POOL 2,504,768.68 10.81 3.72012,504,768.682,504,768.68309,688,912.80 100.00%Investments307,585,791.39309,712,201.3995 198 4.190Cash(not included in yield calculations)Passbook/Checking17,425,685.45 1 0.000117,425,685.4517,425,685.45327,114,598.25Total Cash and Investments325,011,476.84327,137,886.8495 198 4.190Current YearMay 311,075,338.14Fiscal Year To Date8,420,032.82Average Daily BalanceEffective Rate of Return322,926,682.733.92%Total Earnings Month EndingThis investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cashto fund city expenditures for the next six months. Union Bank Custody Services has provided market value prices for all corporate securities. All balances are bank balances. The "% of Portfolio"calculation on the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio CITYAPReporting period 05/01/2023-05/31/2023Run Date: 09/11/2023 - 16:23PM (PRF_PM1) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 122 of 570
YTM/C365Page 1Par Value Book ValueMaturityDateStatedRateMarket ValueMay 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateCAMP5.160C.A.M.P. POOL (CITY)13 153,775,851.63 153,775,851.63 5.160153,775,851.63SYS13 15.160C.A.M.P. POOL (DESERT WILLOW)12444 4,335,155.04 4,335,155.04 5.1604,335,155.04SYS12444 1158,111,006.67158,111,006.67158,111,006.67157,443,226.55Subtotal and Average 5.160 1U.S. BANK / LAIF BOND PROCEEDS0.203LOCAL AGENCY INVESTMENT FUND12-33-084 0.00 0.00 0.2030.00252026003 10.000.000.000.00Subtotal and Average 0.000 0FEDERAL AGENCY - COUPON0.505FEDERAL HOME LOAN BANK664 3,000,000.00 2,999,805.00 10/28/20240.50007/28/2021 2,833,650.00 Aaa3130ANAC4 5150.500FEDERAL HOME LOAN BANK710 5,000,000.00 5,000,000.00 12/08/20230.50011/04/2021 4,830,800.00 Aaa3130APR72 1900.360FEDERAL HOME LOAN MTG CORP706 3,000,000.00 2,997,367.78 10/16/20230.12510/21/2021 2,893,710.00 Aaa3137EAEY1 1370.350FEDERAL HOME LOAN MTG CORP707 3,000,000.00 2,999,194.91 09/08/20230.25010/21/2021 2,906,910.00 Aaa3137EAEW5 9913,996,367.6913,465,070.0014,000,000.0013,995,972.24Subtotal and Average 0.439 229LAIF2.993LOCAL AGENCY INVESTMENT FUND12000 20,655,369.99 20,655,369.99 2.99320,655,369.9912000 120,655,369.9920,655,369.9920,655,369.9920,655,369.99Subtotal and Average 2.993 1FEDERAL AGENCY - CALLABLE0.520FEDERAL FARM CREDIT BANK668 5,000,000.00 4,984,508.06 12/23/20240.32009/14/2021 4,655,800.00 Aaa3133EMLP5 5710.370FEDERAL FARM CREDIT BANK698 3,000,000.00 2,999,652.50 10/20/20230.34010/20/2021 2,908,920.00 Aaa3133ENBN9 1410.331FEDERAL FARM CREDIT BANK699 3,000,000.00 2,999,338.57 10/12/20230.27010/19/2021 2,901,330.00 Aaa3133ENAU4 1330.400FEDERAL HOME LOAN BANK660 3,000,000.00 3,000,000.00 07/29/20240.40007/29/2021 2,854,620.00 Aaa3130AN7K0 4240.450FEDERAL HOME LOAN BANK708 3,000,000.00 3,000,000.00 11/24/20230.45011/24/2021 2,899,140.00 Aaa3130APMC6 17616,983,499.1316,219,810.0017,000,000.0016,983,006.39Subtotal and Average 0.427 322TRUSTEE CASH BALANCES0.030GOLDMAN SACHS GOVERNMENT FUND382 0.00 0.00 0.0300.00 Aaa252026000-G 10.030GOLDMAN SACHS GOVERNMENT FUND383 0.00 0.00 0.03007/01/2022 0.00 Aaa252026001-G 10.030GOLDMAN SACHS GOVERNMENT FUND384 0.00 0.00 0.0300.00 Aaa252026002-G 10.030GOLDMAN SACHS GOVERNMENT FUND385 0.00 0.00 0.0300.00 Aaa252026003-G 10.030GOLDMAN SACHS GOVERNMENT FUND386 0.00 0.00 0.0300.00 Aaa252026004-G 10.030GOLDMAN SACHS GOVERNMENT FUND401 0.00 0.00 0.0300.00 Aaa252026017-G 10.030GOLDMAN SACHS GOVERNMENT FUND402 0.00 0.00 0.0300.00 Aaa252026018-G 1Portfolio CITYAPRun Date: 09/11/2023 - 16:23PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 123 of 570
YTM/C365Page 2Par Value Book ValueMaturityDateStatedRateMarket ValueMay 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateTRUSTEE CASH BALANCES5.010GOLDMAN SACHS GOVERNMENT FUND404 27.35 27.35 5.01027.35 Aaa260128000-G 10.030GOLDMAN SACHS GOVERNMENT FUND405 0.00 0.00 0.03007/01/2022 0.00 Aaa260128001-G 10.030GOLDMAN SACHS GOVERNMENT FUND407 0.00 0.00 0.03007/01/2022 0.00 Aaa260128002-G 10.030GOLDMAN SACHS GOVERNMENT FUND408 0.00 0.00 0.03007/01/2022 0.00 Aaa260128003-G 10.030GOLDMAN SACHS GOVERNMENT FUND409 0.00 0.00 0.03007/01/2022 0.00 Aaa260128004-G 10.030GOLDMAN SACHS GOVERNMENT FUND410 0.00 0.00 0.0300.00 Aaa260128005-G 10.030GOLDMAN SACHS GOVERNMENT FUND412 0.00 0.00 0.0300.00 Aaa260128006-G 10.030GOLDMAN SACHS GOVERNMENT FUND414 0.00 0.00 0.0300.00 Aaa260128007-G 10.030GOLDMAN SACHS GOVERNMENT FUND415 0.00 0.00 0.0300.00 Aaa260128008-G 15.000GOLDMAN SACHS GOVERNMENT FUND416 143.23 143.23 5.000143.23 Aaa260128009-G 15.000GOLDMAN SACHS GOVERNMENT FUND417 850.10 850.10 5.000850.10 Aaa260128010-G 15.000GOLDMAN SACHS GOVERNMENT FUND418 165,025.07 165,025.07 5.000165,025.07 Aaa260128011-G 10.030GOLDMAN SACHS GOVERNMENT FUND419 0.00 0.00 0.0300.00 Aaa261470000-G 10.030GOLDMAN SACHS GOVERNMENT FUND420 0.00 0.00 0.0300.00 Aaa261470001-G 10.030GOLDMAN SACHS GOVERNMENT FUND421 0.00 0.00 0.0300.00 Aaa261470002-G 10.000GOLDMAN SACHS GOVERNMENT FUND671 43.72 43.7243.72 Aaa263346000-G 10.000GOLDMAN SACHS GOVERNMENT FUND672 0.50 0.5007/01/2022 0.50 Aaa263346001-G 10.000GOLDMAN SACHS GOVERNMENT FUND673 0.19 0.190.19 Aaa263346002-G 10.000GOLDMAN SACHS GOVERNMENT FUND674 874,210.65 874,210.65874,210.65 Aaa263346003-G 10.030GOLDMAN SACHS GOVERNMENT FUND675 0.00 0.00 0.03007/01/2022 0.00 Aaa263346004-G 10.030GOLDMAN SACHS GOVERNMENT FUND676 0.94 0.94 0.03007/01/2022 0.94 Aaa263346005-G 10.000GOLDMAN SACHS GOVERNMENT FUND677 0.00 0.000.00 Aaa263346006-G 10.000GOLDMAN SACHS GOVERNMENT FUND678 1.53 1.531.53 Aaa263346007-G 10.030GOLDMAN SACHS GOVERNMENT FUND679 1.69 1.69 0.03007/01/2022 1.69 Aaa263599000-G 10.000GOLDMAN SACHS GOVERNMENT FUND680 81.25 81.2507/01/2022 81.25 Aaa263599001-G 10.000GOLDMAN SACHS GOVERNMENT FUND682 1,416,846.97 1,416,846.971,416,846.97 Aaa263599002-G 10.000GOLDMAN SACHS GOVERNMENT FUND683 0.00 0.000.00 Aaa263599003-G 10.030GOLDMAN SACHS GOVERNMENT FUND684 0.00 0.00 0.03007/01/2022 0.00 Aaa269048000-G 10.000GOLDMAN SACHS GOVERNMENT FUND685 19.62 19.6219.62 Aaa271146000-G 10.000GOLDMAN SACHS GOVERNMENT FUND687 0.10 0.1007/01/2022 0.10 Aaa271146001-G 10.030GOLDMAN SACHS GOVERNMENT FUND688 0.03 0.03 0.03007/01/2022 0.03 Aaa271146002-G 10.000GOLDMAN SACHS GOVERNMENT FUND689 468,405.71 468,405.71468,405.71 Aaa271146003-G 10.030GOLDMAN SACHS GOVERNMENT FUND690 0.00 0.00 0.03007/01/2022 0.00 Aaa271146004-G 10.030GOLDMAN SACHS GOVERNMENT FUND691 0.70 0.70 0.03007/01/2022 0.70 Aaa271146005-G 10.000GOLDMAN SACHS GOVERNMENT FUND692 0.00 0.000.00 Aaa271146006-G 10.030GOLDMAN SACHS GOVERNMENT FUND693 0.00 0.00 0.03007/01/2022 0.00 Aaa277580000-G 1Portfolio CITYAPRun Date: 09/11/2023 - 16:23PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 124 of 570
YTM/C365Page 3Par Value Book ValueMaturityDateStatedRateMarket ValueMay 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateTRUSTEE CASH BALANCES0.005GOLDMAN SACHS GOVERNMENT FUND744 22,380.09 22,380.09 0.00522,380.09 Aaa263599004 12,948,039.442,948,039.442,948,039.442,947,403.58Subtotal and Average 0.282 1MEDIUM-TERM NOTES0.450AMAZON.COM INC.662 3,000,000.00 3,000,000.00 05/12/20240.45007/19/2021 2,852,400.00 A023135BW5 3460.500CATERPILLAR FINANCIAL SERVICES697 3,000,000.00 2,998,562.94 05/17/20240.45010/08/2021 2,841,930.00 A14913R2L0 3515.250Freddie Mac760 5,000,000.00 5,000,000.00 12/30/20245.25012/30/2022 5,000,000.00 Aaa3134GYAB8 5786.750GOLDMAN SACHS GOVERNMENT FUND752 5,000,000.00 5,000,000.00 10/29/20276.75010/31/2022 5,000,000.00 A238150APM1 1,6113.999MORGAN STANLEY747 5,000,000.00 5,000,000.00 07/23/20254.00009/01/2022 5,000,000.00 A16174468C6 7830.500TOYOTA MOTOR CREDIT CORP658 3,000,000.00 3,000,000.00 06/18/20240.50006/18/2021 2,831,460.00 A89236TJH9 3830.530TOYOTA MOTOR CREDIT CORP659 3,000,000.00 2,999,061.06 06/18/20240.50007/08/2021 2,831,460.00 A89236TJH9 3830.525TOYOTA MOTOR CREDIT CORP667 3,000,000.00 2,999,220.59 06/18/20240.50009/14/2021 2,831,460.00 A89236TJH9 38329,996,844.5929,188,710.0030,000,000.0029,996,722.35Subtotal and Average 2.917 680CUSTODIAN PROJECT FUNDS4.790FIRST AMERICAN US TREASURY MMF647 5,985,876.10 5,985,876.10 4.7905,985,876.10 Aaa6736302420-G 14.790FIRST AMERICAN US TREASURY MMF648 26,104,082.29 26,104,082.29 4.79026,104,082.29 Aaa6736302430-G 14.790FIRST AMERICAN US TREASURY MMF649 12,357,549.14 12,357,549.14 4.79012,357,549.14 Aaa6736302440-G 14.790FIRST AMERICAN US TREASURY MMF650 20,045,509.08 20,045,509.08 4.79020,045,509.08 Aaa6736302450-G 164,493,016.6164,493,016.6164,493,016.6164,266,937.74Subtotal and Average 4.790 1RIVERSIDE COUNTY POOL3.720POOLED INVESTMENT FUND052460 2,504,768.68 2,504,768.68 3.7202,504,768.68 Aaa052460 12,504,768.682,504,768.682,504,768.682,504,768.68Subtotal and Average 3.720 1CUSTODIAN PROJECT FUNDS0.010GOLDMAN SACHS TREASURY FUND498 0.00 0.00 0.0100.00 Aaa6736302420 10.010GOLDMAN SACHS TREASURY FUND499 0.00 0.00 0.0100.00 Aaa6736302430 10.010GOLDMAN SACHS TREASURY FUND500 0.00 0.00 0.0100.00 Aaa6736302440 10.010GOLDMAN SACHS TREASURY FUND501 0.00 0.00 0.0100.00 Aaa6736302450 10.000.000.000.00Subtotal and Average 0.000 0Portfolio CITYAPRun Date: 09/11/2023 - 16:23PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 125 of 570
YTM/C365Page 4Par Value Book ValueStatedRateMarket ValueMay 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDate322,926,682.73 309,712,201.39 4.190 95307,585,791.39 309,688,912.80Total and AveragePortfolio CITYAPRun Date: 09/11/2023 - 16:23PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 126 of 570
YTM/C365Page 5Par Value Book ValueStatedRateMarket ValueMay 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateCUSTODIAN PROJECT FUNDS0.000CITY OF PALM DESERT753 0.00 0.0010/27/2022 0.00SYS753 1UNION BANK CHECKING ACCOUNTS0.000CITY OF PALM DESERT MAIN13016 0.00 0.000.00SYS13016 10.000DESERT WILLOW GOLF COURSE13013 0.00 0.0007/01/2022 0.00SYS13013 10.000PUBLIC SAFETY CHECKING602 0.00 0.0007/01/2022 0.00SYS602 10.000RECREATIONAL FACILITIES CORP13020 0.00 0.0007/01/2022 0.00SYS13020 10.000US Bank 1101 10,951,975.91 10,951,975.9105/26/2023 10,951,975.91SYS9121 10.000US Bank 1DW102 606,588.79 606,588.7905/26/2023 606,588.79SYS9154 10.000US Bank 1PDRFC103 1,270,853.42 1,270,853.4205/26/2023 1,270,853.42SYS9162 10.000US Bank 1PUBSAF107 1,136,961.77 1,136,961.7705/26/2023 1,136,961.77SYS4316 10.000WELLS FARGO BANKWFDW111 1,832,503.91 1,832,503.9105/24/2023 1,832,503.91 A1SYS6359 10.000WELLS FARGO BANKWFMAIN108 1,609,650.00 1,609,650.0005/19/2023 1,609,650.00 A1SYS6391 10.000WELLS FARGO BANKWFPDRFC112 17,151.65 17,151.6505/24/2023 17,151.65 A1SYS6342 10.00322,926,682.73 327,137,886.84 4.190 951Average Balance325,011,476.84 327,114,598.25Total Cash and InvestmentsPortfolio CITYAPRun Date: 09/11/2023 - 16:23PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 127 of 570
CITY OF PALM DESERT
LONG-TERM LOANS RECEIVABLE
May 31, 2023
11-Sep-23
10:07 AM
SymPro Book Stated
No. Investment Value Maturity Date Interest Rate
1 City Loan to RDA* -$ N/A 0.20%
348 EIP Loan ** 1,053,000.00$ 09/02/34 7.00%
594 Highlands Utility Undergrounding *** 42,270.34$ 09/02/36 5.35%
Assessment District 04-01 Deferred Loan
Footnotes
*On May 17, 2019, the California State Department of Finance (DOF) denied the 1986 City Loan in the principal
amount of $6,000,000 as an enforceable obligation of the Successor Agency of the Palm Desert Redevelopment
Agency. Several attempts have been made to challenge this decision. The DOF, however, continues to maintain
its position and its interpretation of the dissolution law as it relates to the loans.
** EIP balance adjustments made on March 2
and on September 2 of each year.
*** Highlands balance adjustments made on
March 2 and on September 2 of each year.
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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PALM DESERT HOUSING AUTHORITY
Portfolio Management
May 31, 2023
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value Term
Days to
Mat./Call
YTM/C
365 Equiv.
CAMP 50,692,251.25 198.08 5.160150,692,251.2550,692,251.25
LAIF 990,243.36 11.92 2.9931990,243.36990,243.36
CUSTODIAN PROJECT FUNDS 2.47 10.00 4.86012.472.47
51,682,497.08 100.00%Investments 51,682,497.0851,682,497.08 1 1 5.118
Cash
(not included in yield calculations)
Passbook/Checking 1,045,814.24 1 0.00011,045,814.241,045,814.24
52,728,311.32Total Cash and Investments 52,728,311.3252,728,311.32 1 1 5.118
Current Year
May 31
220,987.33
Average Daily Balance
Effective Rate of Return
55,278,737.04
4.71%
Total Earnings Month Ending
This investment portfolio complies with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fund
Housing Authority operations for the next six months. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits.
__________________________________________________ ____________________
Veronica Chavez, Finance Director
Portfolio HA
AP
Reporting period 05/01/2023-05/31/2023
Run Date: 09/11/2023 - 09:48 PM (PRF_PM1) 7.3.11No fiscal year history available
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
9/21/2023
Page 129 of 570
Days to
Mat./Call
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
May 31, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
PALM DESERT HOUSING AUTHORITY
YTM/C
365Moody'sCUSIPInvestment #
Purchase
Date
CAMP
1CA ASSET MANAGEMENT PROGRAM12008 50,692,251.25 50,692,251.25 5.16050,692,251.25SYS12008 5.160
50,692,251.2550,692,251.2550,692,251.2550,478,153.08Subtotal and Average 1 5.160
CUSTODIAN PROJECT FUNDS
1GOLDMAN SACHS TREASURY FUND590 0.00 0.00 0.0100.00 Aaa6736302460 0.010
0.000.000.000.00Subtotal and Average 0 0.000
LAIF
1LOCAL AGENCY INVESTMENT FUND21003 990,243.36 990,243.36 2.993990,243.36SYS21003 2.993
990,243.36990,243.36990,243.36990,243.36Subtotal and Average 1 2.993
CUSTODIAN PROJECT FUNDS
1FIRST AMERICAN US TREASURY MMF597 2.47 2.47 4.86001/01/2021 2.47 Aaa6736302460-G 4.860
2.472.472.472.46Subtotal and Average 1 4.860
55,278,737.04 51,682,497.08 1 5.11851,682,497.08 51,682,497.08Total and Average
Portfolio HA
AP
Run Date: 09/11/2023 - 09:48 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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Days to
Mat./Call
Page 2
Par Value Book Value
Stated
RateMarket Value
May 31, 2023
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
PALM DESERT HOUSING AUTHORITY
YTM/C
365Moody'sCUSIPInvestment #
Purchase
Date
CHECKING
1HOUSING AUTH CHECKING25015 1,045,814.24 1,045,814.241,045,814.24SYS25015 0.000
1HOUSING AUTH TRUST25016 0.00 0.0007/01/2020 0.00SYS25016 0.000
0.00
55,278,737.04 52,728,311.32 1 5.118
1Average Balance
52,728,311.32 52,728,311.32Total Cash and Investments
Portfolio HA
AP
Run Date: 09/11/2023 - 09:48 PM (PRF_PM2) 7.3.11
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
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RDA SUCCESSOR AGENCYPortfolio ManagementMay 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.RIVERSIDE COUNTY POOL 340.91 10.00 3.7201340.91340.91CAMP 5,947.46 10.05 5.16015,947.465,947.46LAIF 756.41 10.01 2.9931756.41756.41TRUSTEE CASH BALANCES - MMA 12,467,911.94 199.74 0.000112,467,911.9412,467,911.94TRUSTEE CASH BALANCES - GF 25,740.18 10.21 5.000125,740.1825,740.1812,500,696.90 100.00%Investments12,500,696.9012,500,696.901 1 0.013Cash(not included in yield calculations)Passbook/Checking37,113,677.82 1 0.000137,113,677.8237,113,677.8249,614,374.72Total Cash and Investments49,614,374.7249,614,374.721 1 0.013Current YearMay 31189.93Average Daily BalanceEffective Rate of Return41,704,643.510.01%Total Earnings Month EndingThis investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Pursuant to ABX126, the availability of cash tofund the Palm Desert RDA Successor Agency's debt service is dependent upon the County of Riverside and the State of California. All balances are bank balances. The "% of Portfolio" calculation on thePortfolio Summary page omits demand deposits.__________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio RDASAPReporting period 05/01/2023-05/31/2023Run Date: 09/08/2023 - 16:59PM (PRF_PM1) 7.3.11No fiscal year history availableReport Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 132 of 570
Days toMat./CallPage 1Par Value Book ValueMaturityDateStatedRateMarket ValueMay 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDateRIVERSIDE COUNTY POOL1POOLED INVESTMENT FUND052470 340.91 340.91 3.72007/01/2020 340.91 Aaa052470 3.720340.91340.91340.91340.91Subtotal and Average 1 3.720CAMP1C.A.M.P. POOL (RDA S.A.)578 5,947.46 5,947.46 5.1605,947.46SYS578 5.1605,947.465,947.465,947.465,922.34Subtotal and Average 1 5.160LAIF1L.A.I.F. (RDA S.A.)604 756.41 756.41 2.99307/01/2020 756.41SYS604 2.993756.41756.41756.41756.41Subtotal and Average 1 2.993TRUSTEE CASH BALANCES - MMA1U.S. BANK MONEY MARKET ACCOUNT830 0.05 0.0507/01/2020 0.05 P-1247394001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT832 0.00 0.00 0.01007/01/2020 0.00 P-1247394003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT833 1.03 1.031.03 P-1247394002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT834 414,238.79 414,238.79414,238.79 P-1247394000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT837 14.42 14.4214.42 P-1236781002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT838 0.00 0.00 0.01007/01/2020 0.00 P-1236781003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT839 7,343,183.21 7,343,183.217,343,183.21 P-1236781000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT842 0.00 0.00 0.01007/01/2020 0.00 P-1253446003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT843 7.66 7.667.66 P-1253446002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT844 2,040,465.61 2,040,465.612,040,465.61 P-1253446000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT845 0.41 0.4107/01/2020 0.41 P-1253446001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT853 2,669,977.35 2,669,977.352,669,977.35 P-1224324000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT855 0.79 0.7907/01/2020 0.79 P-1224324001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT856 22.55 22.5522.55 P-1224324002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT857 0.00 0.00 0.01007/01/2020 0.00 P-1224324003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT881 0.07 0.0709/01/2020 0.07 P-1236781001-U 0.00012,467,911.9412,467,911.9412,467,911.9412,467,861.59Subtotal and Average 1 0.000TRUSTEE CASH BALANCES - GF1GOLDMAN SACHS GOVERNMENT FUND811 25,740.18 25,740.18 5.00025,740.18 Aaa277861000-G 5.0001GOLDMAN SACHS GOVERNMENT FUND812 0.00 0.00 0.0300.00 Aaa277861001-G 0.0301GOLDMAN SACHS GOVERNMENT FUND813 0.00 0.00 0.03007/01/2020 0.00 Aaa277861002-G 0.0301GOLDMAN SACHS GOVERNMENT FUND814 0.00 0.00 0.03007/01/2020 0.00 Aaa277861003-G 0.030Portfolio RDASAPRun Date: 09/08/2023 - 16:59PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 133 of 570
Days toMat./CallPage 2Par Value Book ValueStatedRateMarket ValueMay 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDate25,740.1825,740.1825,740.1825,643.32Subtotal and Average 1 5.00041,704,643.51 12,500,696.90 1 0.01312,500,696.90 12,500,696.90Total and AveragePortfolio RDASAPRun Date: 09/08/2023 - 16:59PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 134 of 570
Days toMat./CallPage 3Par Value Book ValueStatedRateMarket ValueMay 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDateUNION BANK CHECKING ACCOUNTS1RDA SUCCESSOR AGENCY582 37,113,677.82 37,113,677.8237,113,677.82SYS582 0.0000.0041,704,643.51 49,614,374.72 1 0.0131Average Balance49,614,374.72 49,614,374.72Total Cash and InvestmentsPortfolio RDASAPRun Date: 09/08/2023 - 16:59PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 135 of 570
PALM DESERT RDA SUCCESSOR AGENCY
LONG-TERM LOANS RECEIVABLE
May 31, 2023
11-Sep-23
10:09 AM
.
SymPro Book Stated
No.Investment Value Maturity Date Interest Rate
738 EIP Loan *126,000.00$ 09/02/29 3.00%
Footnotes
*EIP balance adjustments made on March 2
and September 2 of each year.
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6/21/23, 11:10 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 21, 2023
LAIF Home
PMIA Average Monthly
Yields
CITY OF PALM DESERT
CITY TREASURER
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260 2578
Account Number:
May 2023 Statement
Tran Type Definitions
Account Summary
Total Deposit:0.00 Beginning Balance:20,655,369.99
Total Withdrawal 0 00 Ending Balance 20,655,369.99
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6/21/23, 11:12 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 21, 2023
LAIF Home
PMIA Average Monthly
Yields
PALM DESERT HOUSING AUTHORITY
CITY TREASURER
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260 2578
Account Number:
May 2023 Statement
Tran Type Definitions
Account Summary
Total Deposit:0.00 Beginning Balance:990,243.36
Total Withdrawal 0 00 Ending Balance 990,243.36
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6/21/23, 11:11 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 21, 2023
LAIF Home
PMIA Average Monthly
Yields
S/A TO THE PALM DESERT REDEVELOPMENT
AGENCY
FINANCE DIRECTOR
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260 2578
Account Number:
May 2023 Statement
Tran Type Definitions
Account Summary
Total Deposit:0.00 Beginning Balance:756.41
Total Withdrawal 0 00 Ending Balance 756.41
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Fund Detail Report
Parameters:Query: Fund Detail
County of Riverside Treasurer-Tax Collector
Account Number:
Run Date:12-Jun-2023 10:58:21 AM User:Susan
From :
To :
As at :
01-May-2023
31-May-2023
12-Jun-2023
Balance Calculation Based On:Value Date
Closing BalanceReceiptsInstrumentEntityDeal NoValue Date T/TBank Value Date Peoplesoft Desc.
/p g
Ticket No
Journal Date
external ref t Receipts AmountCR
Payments
Account Name :
Account Number :
City Of Palm Desert
5/1/2023 5/1/2023 $2,504,768.68 OB $2,504,768.68 $0.00
$2,504,768.68 $2,504,768.68 $0.00
Account Name :
Account Number :
RDA Successor Agcy Palm Desert
5/1/2023 5/1/2023 $2,505,109.59 OB $340.91 $0.00
$340.91 $340.91 $0.00
Printed on 6/12/2023 Page 1 of 1End of Report
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City of Palm Desert
Investments Summary
July 1st through August 31st, 2023
The City’s investment portfolio is detailed below. Investment transactions were executed in
accordance with the California State Government Code, the City’s Investment Policy and all
bond indentures.
Investment Portfolio:
Book Value Purchases &Redemptions &Book Value % of
Asset Class 7/1/2023 Deposits Withdrawals 8/31/2023 Portfolio
Agencies 30.97$ -$ -$ 30.97$ 10%
Corporates 30.00$ -$ -$ 30.00$ 9%
Negotiable CD's -$ -$ -$ -$ 0%
CAMP Pool 158.79$ 21.52$ 0.75$ 179.56$ 56%
LAIF Pool 20.82$ -$ 20.00$ 0.82$ 0%
County Pool 2.50$ 0.20$ -$ 2.70$ 1%
Custodian ®64.74$ 0.54$ 0.13$ 65.15$ 20%
Trustee ®2.95$ 4.38$ 2.19$ 5.14$ 2%
Cash 14.99$ 112.32$ 121.53$ 5.78$ 2%
Total 325.76$ 138.96$ 144.60$ 320.12$ 100%
® = Restricted funds based upon bond indenture terms.
Key Trends
Cash Deposit and Withdrawal amounts include sweep account transfers which earned at a fund Yield
of 5.21% in August. Major changes to the portfolio include transferring 20M from LAIF to CAMP,
California sales tax of $4.4 M, property taxes of $1.9 M, and Measure A of $.32 M received by the City.
Payments for contract law enforcement 9M, contract fire service 4.4M, annual PERs unfunded liability
payment 2.6M, JPIA insurance payment of 1.6M, and 2.19 in debt services payments.
Portfolio Allocations, Maturities and Performance:
58%
22%
10%
10%
Local Govt
Restricted…
Corporate
Agency
Investment
Allocation
-
2
4
6
8
9M 1Y 2Y 3Y 4Y 5Y
Investment
Maturity
0
2
4
6
1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug
Performance - Total Porfolio
City Yield LAIF Yield
1Y T-Bill CAMP
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CITY OF PALM DESERTPortfolio ManagementJuly 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.CAMP 159,509,140.92 151.15 5.3101159,509,140.92159,509,140.92FEDERAL AGENCY - COUPON 13,998,058.65 1684.49 0.43983013,465,070.0014,000,000.00LAIF 20,817,543.64 16.68 3.305120,817,543.6420,817,543.64FEDERAL AGENCY - CALLABLE 16,985,606.01 2615.45 0.42793016,219,810.0017,000,000.00TRUSTEE CASH BALANCES 2,949,447.61 10.95 0.29612,949,447.612,949,447.61MEDIUM-TERM NOTES 29,997,367.26 6199.62 2.9171,11829,188,710.0030,000,000.00CUSTODIAN PROJECT FUNDS 64,873,150.34 120.80 5.090164,873,150.3464,873,150.34RIVERSIDE COUNTY POOL 2,697,698.66 10.87 3.86012,697,698.662,697,698.66311,828,013.09 100.00%Investments309,720,571.17311,846,981.1782 196 4.356Cash(not included in yield calculations)Passbook/Checking9,219,115.40 1 0.00019,219,115.409,219,115.40321,047,128.49Total Cash and Investments318,939,686.57321,066,096.5782 196 4.356Current YearJuly 311,230,693.48Fiscal Year To Date1,230,693.48Average Daily BalanceEffective Rate of Return325,898,332.124.45%Total Earnings Month EndingThis investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cashto fund city expenditures for the next six months. US Bank Custody Services has provided market value prices for all corporate securities. All balances are bank balances. The "% of Portfolio" calculationon the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio CITYAPReporting period 07/01/2023-07/31/2023Run Date: 09/20/2023 - 12:39PM (PRF_PM1) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 151 of 570
YTM/C365Page 1Par Value Book ValueMaturityDateStatedRateMarket ValueJuly 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateCAMP5.310C.A.M.P. POOL (CITY)13 155,135,651.23 155,135,651.23 5.310155,135,651.23SYS13 15.310C.A.M.P. POOL (DESERT WILLOW)12444 4,373,489.69 4,373,489.69 5.3104,373,489.69SYS12444 1159,509,140.92159,509,140.92159,509,140.92158,815,543.02Subtotal and Average 5.310 1U.S. BANK / LAIF BOND PROCEEDS0.203LOCAL AGENCY INVESTMENT FUND12-33-084 0.00 0.00 0.2030.00252026003 10.000.000.000.00Subtotal and Average 0.000 0FEDERAL AGENCY - COUPON0.505FEDERAL HOME LOAN BANK664 3,000,000.00 2,999,828.08 10/28/20240.50007/28/2021 2,833,650.00 Aaa3130ANAC4 4540.500FEDERAL HOME LOAN BANK710 5,000,000.00 5,000,000.00 12/08/20230.50011/04/2021 4,830,800.00 Aaa3130APR72 1290.360FEDERAL HOME LOAN MTG CORP706 3,000,000.00 2,998,537.66 10/16/20230.12510/21/2021 2,893,710.00 Aaa3137EAEY1 760.350FEDERAL HOME LOAN MTG CORP707 3,000,000.00 2,999,692.91 09/08/20230.25010/21/2021 2,906,910.00 Aaa3137EAEW5 3813,998,058.6513,465,070.0014,000,000.0013,997,663.18Subtotal and Average 0.439 168LAIF3.305LOCAL AGENCY INVESTMENT FUND12000 20,817,543.64 20,817,543.64 3.30520,817,543.6412000 120,817,543.6420,817,543.6420,817,543.6420,817,543.64Subtotal and Average 3.305 1FEDERAL AGENCY - CALLABLE0.520FEDERAL FARM CREDIT BANK668 5,000,000.00 4,986,162.00 12/23/20240.32009/14/2021 4,655,800.00 Aaa3133EMLP5 5100.370FEDERAL FARM CREDIT BANK698 3,000,000.00 2,999,802.50 10/20/20230.34010/20/2021 2,908,920.00 Aaa3133ENBN9 800.331FEDERAL FARM CREDIT BANK699 3,000,000.00 2,999,641.51 10/12/20230.27010/19/2021 2,901,330.00 Aaa3133ENAU4 720.400FEDERAL HOME LOAN BANK660 3,000,000.00 3,000,000.00 07/29/20240.40007/29/2021 2,854,620.00 Aaa3130AN7K0 3630.450FEDERAL HOME LOAN BANK708 3,000,000.00 3,000,000.00 11/24/20230.45011/24/2021 2,899,140.00 Aaa3130APMC6 11516,985,606.0116,219,810.0017,000,000.0016,985,113.28Subtotal and Average 0.427 261TRUSTEE CASH BALANCES0.030GOLDMAN SACHS GOVERNMENT FUND382 0.00 0.00 0.0300.00 Aaa252026000-G 10.030GOLDMAN SACHS GOVERNMENT FUND383 0.00 0.00 0.03007/01/2022 0.00 Aaa252026001-G 10.030GOLDMAN SACHS GOVERNMENT FUND384 0.00 0.00 0.0300.00 Aaa252026002-G 10.030GOLDMAN SACHS GOVERNMENT FUND385 0.00 0.00 0.0300.00 Aaa252026003-G 10.030GOLDMAN SACHS GOVERNMENT FUND386 0.00 0.00 0.0300.00 Aaa252026004-G 10.030GOLDMAN SACHS GOVERNMENT FUND401 0.00 0.00 0.0300.00 Aaa252026017-G 10.030GOLDMAN SACHS GOVERNMENT FUND402 0.00 0.00 0.0300.00 Aaa252026018-G 1Portfolio CITYAPRun Date: 09/20/2023 - 12:39PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 152 of 570
YTM/C365Page 2Par Value Book ValueMaturityDateStatedRateMarket ValueJuly 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateTRUSTEE CASH BALANCES5.220GOLDMAN SACHS GOVERNMENT FUND404 27.58 27.58 5.22027.58 Aaa260128000-G 10.030GOLDMAN SACHS GOVERNMENT FUND405 0.00 0.00 0.03007/01/2022 0.00 Aaa260128001-G 10.030GOLDMAN SACHS GOVERNMENT FUND407 0.00 0.00 0.03007/01/2022 0.00 Aaa260128002-G 10.030GOLDMAN SACHS GOVERNMENT FUND408 0.00 0.00 0.03007/01/2022 0.00 Aaa260128003-G 10.030GOLDMAN SACHS GOVERNMENT FUND409 0.00 0.00 0.03007/01/2022 0.00 Aaa260128004-G 10.030GOLDMAN SACHS GOVERNMENT FUND410 0.00 0.00 0.0300.00 Aaa260128005-G 10.030GOLDMAN SACHS GOVERNMENT FUND412 0.00 0.00 0.0300.00 Aaa260128006-G 10.030GOLDMAN SACHS GOVERNMENT FUND414 0.00 0.00 0.0300.00 Aaa260128007-G 10.030GOLDMAN SACHS GOVERNMENT FUND415 0.00 0.00 0.0300.00 Aaa260128008-G 15.210GOLDMAN SACHS GOVERNMENT FUND416 144.42 144.42 5.210144.42 Aaa260128009-G 15.210GOLDMAN SACHS GOVERNMENT FUND417 857.19 857.19 5.210857.19 Aaa260128010-G 15.210GOLDMAN SACHS GOVERNMENT FUND418 166,401.49 166,401.49 5.210166,401.49 Aaa260128011-G 10.030GOLDMAN SACHS GOVERNMENT FUND419 0.00 0.00 0.0300.00 Aaa261470000-G 10.030GOLDMAN SACHS GOVERNMENT FUND420 0.00 0.00 0.0300.00 Aaa261470001-G 10.030GOLDMAN SACHS GOVERNMENT FUND421 0.00 0.00 0.0300.00 Aaa261470002-G 10.000GOLDMAN SACHS GOVERNMENT FUND671 43.72 43.7243.72 Aaa263346000-G 10.000GOLDMAN SACHS GOVERNMENT FUND672 0.50 0.5007/01/2022 0.50 Aaa263346001-G 10.000GOLDMAN SACHS GOVERNMENT FUND673 0.19 0.190.19 Aaa263346002-G 10.000GOLDMAN SACHS GOVERNMENT FUND674 874,217.95 874,217.95874,217.95 Aaa263346003-G 10.030GOLDMAN SACHS GOVERNMENT FUND675 0.00 0.00 0.03007/01/2022 0.00 Aaa263346004-G 10.030GOLDMAN SACHS GOVERNMENT FUND676 0.94 0.94 0.03007/01/2022 0.94 Aaa263346005-G 10.000GOLDMAN SACHS GOVERNMENT FUND677 0.00 0.000.00 Aaa263346006-G 10.000GOLDMAN SACHS GOVERNMENT FUND678 1.53 1.531.53 Aaa263346007-G 10.030GOLDMAN SACHS GOVERNMENT FUND679 1.69 1.69 0.03007/01/2022 1.69 Aaa263599000-G 10.000GOLDMAN SACHS GOVERNMENT FUND680 81.25 81.2507/01/2022 81.25 Aaa263599001-G 10.000GOLDMAN SACHS GOVERNMENT FUND682 1,416,858.81 1,416,858.811,416,858.81 Aaa263599002-G 10.000GOLDMAN SACHS GOVERNMENT FUND683 0.00 0.000.00 Aaa263599003-G 10.030GOLDMAN SACHS GOVERNMENT FUND684 0.00 0.00 0.03007/01/2022 0.00 Aaa269048000-G 10.000GOLDMAN SACHS GOVERNMENT FUND685 19.62 19.6219.62 Aaa271146000-G 10.000GOLDMAN SACHS GOVERNMENT FUND687 0.10 0.1007/01/2022 0.10 Aaa271146001-G 10.030GOLDMAN SACHS GOVERNMENT FUND688 0.03 0.03 0.03007/01/2022 0.03 Aaa271146002-G 10.000GOLDMAN SACHS GOVERNMENT FUND689 468,409.62 468,409.62468,409.62 Aaa271146003-G 10.030GOLDMAN SACHS GOVERNMENT FUND690 0.00 0.00 0.03007/01/2022 0.00 Aaa271146004-G 10.030GOLDMAN SACHS GOVERNMENT FUND691 0.70 0.70 0.03007/01/2022 0.70 Aaa271146005-G 10.000GOLDMAN SACHS GOVERNMENT FUND692 0.00 0.000.00 Aaa271146006-G 10.030GOLDMAN SACHS GOVERNMENT FUND693 0.00 0.00 0.03007/01/2022 0.00 Aaa277580000-G 1Portfolio CITYAPRun Date: 09/20/2023 - 12:39PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 153 of 570
YTM/C365Page 3Par Value Book ValueMaturityDateStatedRateMarket ValueJuly 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateTRUSTEE CASH BALANCES0.005GOLDMAN SACHS GOVERNMENT FUND744 22,380.28 22,380.28 0.00522,380.28 Aaa263599004 12,949,447.612,949,447.612,949,447.612,949,447.52Subtotal and Average 0.296 1MEDIUM-TERM NOTES0.450AMAZON.COM INC.662 3,000,000.00 3,000,000.00 05/12/20240.45007/19/2021 2,852,400.00 A023135BW5 2850.500CATERPILLAR FINANCIAL SERVICES697 3,000,000.00 2,998,812.14 05/17/20240.45010/08/2021 2,841,930.00 A14913R2L0 2905.250Freddie Mac760 5,000,000.00 5,000,000.00 12/30/20245.25012/30/2022 5,000,000.00 Aaa3134GYAB8 5176.750GOLDMAN SACHS GOVERNMENT FUND752 5,000,000.00 5,000,000.00 10/29/20276.75010/31/2022 5,000,000.00 A238150APM1 1,5503.999MORGAN STANLEY747 5,000,000.00 5,000,000.00 07/23/20254.00009/01/2022 5,000,000.00 A16174468C6 7220.500TOYOTA MOTOR CREDIT CORP658 3,000,000.00 3,000,000.00 06/18/20240.50006/18/2021 2,831,460.00 A89236TJH9 3220.530TOYOTA MOTOR CREDIT CORP659 3,000,000.00 2,999,210.49 06/18/20240.50007/08/2021 2,831,460.00 A89236TJH9 3220.525TOYOTA MOTOR CREDIT CORP667 3,000,000.00 2,999,344.63 06/18/20240.50009/14/2021 2,831,460.00 A89236TJH9 32229,997,367.2629,188,710.0030,000,000.0029,997,245.02Subtotal and Average 2.917 619CUSTODIAN PROJECT FUNDS5.090FIRST AMERICAN US TREASURY MMF647 5,984,015.29 5,984,015.29 5.0905,984,015.29 Aaa6736302420-G 15.090FIRST AMERICAN US TREASURY MMF648 26,304,972.79 26,304,972.79 5.09026,304,972.79 Aaa6736302430-G 15.090FIRST AMERICAN US TREASURY MMF649 12,381,629.38 12,381,629.38 5.09012,381,629.38 Aaa6736302440-G 15.090FIRST AMERICAN US TREASURY MMF650 20,202,532.88 20,202,532.88 5.09020,202,532.88 Aaa6736302450-G 164,873,150.3464,873,150.3464,873,150.3464,853,143.67Subtotal and Average 5.090 1RIVERSIDE COUNTY POOL3.860POOLED INVESTMENT FUND052460 2,697,698.66 2,697,698.66 3.8602,697,698.66 Aaa052460 12,697,698.662,697,698.662,697,698.662,683,570.65Subtotal and Average 3.860 1CUSTODIAN PROJECT FUNDS0.010GOLDMAN SACHS TREASURY FUND498 0.00 0.00 0.0100.00 Aaa6736302420 10.010GOLDMAN SACHS TREASURY FUND499 0.00 0.00 0.0100.00 Aaa6736302430 10.010GOLDMAN SACHS TREASURY FUND500 0.00 0.00 0.0100.00 Aaa6736302440 10.010GOLDMAN SACHS TREASURY FUND501 0.00 0.00 0.0100.00 Aaa6736302450 10.000.000.000.00Subtotal and Average 0.000 0Portfolio CITYAPRun Date: 09/20/2023 - 12:39PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 154 of 570
YTM/C365Page 4Par Value Book ValueStatedRateMarket ValueJuly 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDate325,898,332.12 311,846,981.17 4.356 82309,720,571.17 311,828,013.09Total and AveragePortfolio CITYAPRun Date: 09/20/2023 - 12:39PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 155 of 570
YTM/C365Page 5Par Value Book ValueStatedRateMarket ValueJuly 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateCUSTODIAN PROJECT FUNDS0.000CITY OF PALM DESERT753 0.00 0.0010/27/2022 0.00SYS753 1BANK CHECKING ACCOUNTS0.000CITY OF PALM DESERT MAIN13016 0.00 0.000.00SYS13016 10.000DESERT WILLOW GOLF COURSE13013 0.00 0.0007/01/2022 0.00SYS13013 10.000PUBLIC SAFETY CHECKING602 0.00 0.0007/01/2022 0.00SYS602 10.000RECREATIONAL FACILITIES CORP13020 0.00 0.0007/01/2022 0.00SYS13020 10.000US Bank 1101 5,727,425.01 5,727,425.0105/26/2023 5,727,425.01SYS9121 10.000US Bank 1DW102 61,987.05 61,987.0505/26/2023 61,987.05SYS9154 10.000US Bank 1PDRFC103 1,000.00 1,000.0005/26/2023 1,000.00SYS9162 10.000US Bank 1PUBSAF107 1,136,961.77 1,136,961.7705/26/2023 1,136,961.77SYS4316 10.000WELLS FARGO BANKWFDW111 860,955.39 860,955.3905/24/2023 860,955.39 A1SYS6359 10.000WELLS FARGO BANKWFMAIN108 82,959.00 82,959.0005/19/2023 82,959.00 A1SYS6391 10.000WELLS FARGO BANKWFPDRFC112 1,347,827.18 1,347,827.1805/24/2023 1,347,827.18 A1SYS6342 10.00325,898,332.12 321,066,096.57 4.356 821Average Balance318,939,686.57 321,047,128.49Total Cash and InvestmentsPortfolio CITYAPRun Date: 09/20/2023 - 12:39PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 156 of 570
PALM DESERT HOUSING AUTHORITYPortfolio ManagementJuly 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.CAMP 51,140,509.56 198.09 5.310151,140,509.5651,140,509.56LAIF 998,018.16 11.91 3.3051998,018.16998,018.1652,138,527.72 100.00%Investments52,138,527.7252,138,527.721 1 5.272Cash(not included in yield calculations)Passbook/Checking4,195,946.84 1 0.00014,195,946.844,195,946.8456,334,474.56Total Cash and Investments56,334,474.5656,334,474.561 1 5.272Current YearJuly 31242,509.49Average Daily BalanceEffective Rate of Return56,037,735.355.10%Total Earnings Month EndingThis investment portfolio complies with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fundHousing Authority operations for the next six months. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits.__________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio HAAPReporting period 07/01/2023-07/31/2023Run Date: 09/20/2023 - 12:38PM (PRF_PM1) 7.3.11No fiscal year history availableReport Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 157 of 570
Days toMat./CallPage 1Par Value Book ValueMaturityDateStatedRateMarket ValueJuly 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementPALM DESERT HOUSING AUTHORITYYTM/C365Moody'sCUSIP Investment #PurchaseDateCAMP1CA ASSET MANAGEMENT PROGRAM12008 51,140,509.56 51,140,509.56 5.31051,140,509.56SYS12008 5.31051,140,509.5651,140,509.5651,140,509.5650,918,133.90Subtotal and Average 1 5.310CUSTODIAN PROJECT FUNDS1GOLDMAN SACHS TREASURY FUND590 0.00 0.00 0.0100.00 Aaa6736302460 0.0100.000.000.000.00Subtotal and Average 0 0.000LAIF1LOCAL AGENCY INVESTMENT FUND21003 998,018.16 998,018.16 3.305998,018.16SYS21003 3.305998,018.16998,018.16998,018.16998,018.16Subtotal and Average 1 3.305CUSTODIAN PROJECT FUNDS1FIRST AMERICAN US TREASURY MMF597 0.00 0.00 4.86001/01/2021 0.00 Aaa6736302460-G 4.8600.000.000.000.00Subtotal and Average 0 0.00056,037,735.35 52,138,527.72 1 5.27252,138,527.72 52,138,527.72Total and AveragePortfolio HAAPRun Date: 09/20/2023 - 12:38PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 158 of 570
Days toMat./CallPage 2Par Value Book ValueStatedRateMarket ValueJuly 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementPALM DESERT HOUSING AUTHORITYYTM/C365Moody'sCUSIP Investment #PurchaseDateCHECKING1HOUSING AUTH CHECKING25015 0.00 0.000.00SYS25015 0.0001HOUSING AUTH CHECKINGHSG104 3,165.80 3,165.8005/29/2023 3,165.80SYS9204 0.0001HOUSING AUTH TRUST25016 0.00 0.0007/01/2020 0.00SYS25016 0.0001WELLS FARGO BANKWFHSG113 3,696,532.54 3,696,532.5406/01/2023 3,696,532.54 A1SYS6375 0.0001WELLS FARGO BANKWFHSGT 496,248.50 496,248.5006/01/2023 496,248.50 A1SYS6367 0.0000.0056,037,735.35 56,334,474.56 1 5.2721Average Balance56,334,474.56 56,334,474.56Total Cash and InvestmentsPortfolio HAAPRun Date: 09/20/2023 - 12:38PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 159 of 570
RDA SUCCESSOR AGENCYPortfolio ManagementJuly 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.RIVERSIDE COUNTY POOL 343.41 10.00 3.8601343.41343.41CAMP 6,000.05 10.04 5.31016,000.056,000.05LAIF 762.35 10.01 3.3101762.35762.35TRUSTEE CASH BALANCES - MMA 12,468,016.12 190.77 0.000112,468,016.1212,468,016.12TRUSTEE CASH BALANCES - GF 1,261,048.04 19.18 5.02011,261,048.041,261,048.0413,736,169.97 100.00%Investments13,736,169.9713,736,169.971 1 0.463Cash(not included in yield calculations)Passbook/Checking28,207,497.23 1 0.000128,207,497.2328,207,497.2341,943,667.20Total Cash and Investments41,943,667.2041,943,667.201 1 0.463Current YearJuly 311,335.45Average Daily BalanceEffective Rate of Return42,181,051.840.04%Total Earnings Month EndingThis investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Pursuant to ABX126, the availability of cash tofund the Palm Desert RDA Successor Agency's debt service is dependent upon the County of Riverside and the State of California. All balances are bank balances. The "% of Portfolio" calculation on thePortfolio Summary page omits demand deposits.__________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio RDASAPReporting period 07/01/2023-07/31/2023Run Date: 09/20/2023 - 12:36PM (PRF_PM1) 7.3.11No fiscal year history availableReport Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 160 of 570
Days toMat./CallPage 1Par Value Book ValueMaturityDateStatedRateMarket ValueJuly 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDateRIVERSIDE COUNTY POOL1POOLED INVESTMENT FUND052470 343.41 343.41 3.86007/01/2020 343.41 Aaa052470 3.860343.41343.41343.41343.02Subtotal and Average 1 3.860CAMP1C.A.M.P. POOL (RDA S.A.)578 6,000.05 6,000.05 5.3106,000.05SYS578 5.3106,000.056,000.056,000.055,973.96Subtotal and Average 1 5.310LAIF1L.A.I.F. (RDA S.A.)604 762.35 762.35 3.31007/01/2020 762.35SYS604 3.310762.35762.35762.35762.35Subtotal and Average 1 3.310TRUSTEE CASH BALANCES - MMA1U.S. BANK MONEY MARKET ACCOUNT830 0.05 0.0507/01/2020 0.05 P-1247394001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT832 0.00 0.00 0.01007/01/2020 0.00 P-1247394003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT833 1.03 1.031.03 P-1247394002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT834 414,242.25 414,242.25414,242.25 P-1247394000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT837 14.42 14.4214.42 P-1236781002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT838 0.00 0.00 0.01007/01/2020 0.00 P-1236781003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT839 7,343,244.57 7,343,244.577,343,244.57 P-1236781000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT842 0.00 0.00 0.01007/01/2020 0.00 P-1253446003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT843 7.66 7.667.66 P-1253446002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT844 2,040,482.66 2,040,482.662,040,482.66 P-1253446000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT845 0.41 0.4107/01/2020 0.41 P-1253446001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT853 2,669,999.66 2,669,999.662,669,999.66 P-1224324000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT855 0.79 0.7907/01/2020 0.79 P-1224324001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT856 22.55 22.5522.55 P-1224324002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT857 0.00 0.00 0.01007/01/2020 0.00 P-1224324003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT881 0.07 0.0709/01/2020 0.07 P-1236781001-U 0.00012,468,016.1212,468,016.1212,468,016.1212,468,009.51Subtotal and Average 1 0.000TRUSTEE CASH BALANCES - GF1GOLDMAN SACHS GOVERNMENT FUND811 1,261,048.04 1,261,048.04 5.0201,261,048.04 Aaa277861000-G 5.0201GOLDMAN SACHS GOVERNMENT FUND812 0.00 0.00 0.0300.00 Aaa277861001-G 0.0301GOLDMAN SACHS GOVERNMENT FUND813 0.00 0.00 0.03007/01/2020 0.00 Aaa277861002-G 0.0301GOLDMAN SACHS GOVERNMENT FUND814 0.00 0.00 0.03007/01/2020 0.00 Aaa277861003-G 0.030Portfolio RDASAPRun Date: 09/20/2023 - 12:36PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 161 of 570
Days toMat./CallPage 2Par Value Book ValueStatedRateMarket ValueJuly 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDate1,261,048.041,261,048.041,261,048.04305,863.00Subtotal and Average 1 5.02042,181,051.84 13,736,169.97 1 0.46313,736,169.97 13,736,169.97Total and AveragePortfolio RDASAPRun Date: 09/20/2023 - 12:36PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 162 of 570
Days toMat./CallPage 3Par Value Book ValueStatedRateMarket ValueJuly 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDateUNION BANK CHECKING ACCOUNTS1RDA SUCCESSOR AGENCY582 0.00 0.000.00SYS582 0.0001RDA SUCCESSOR AGENCYRDA106 28,207,497.23 28,207,497.2306/01/2023 28,207,497.23SYS4021 0.0000.0042,181,051.84 41,943,667.20 1 0.4631Average Balance41,943,667.20 41,943,667.20Total Cash and InvestmentsPortfolio RDASAPRun Date: 09/20/2023 - 12:36PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 163 of 570
CITY OF PALM DESERT
ACCOUNT STATEMENT
For the Month Ending
July 31, 2023
Customer Service
PO Box 11813
Harrisburg, PA 17108-1813
Contents
Cover/Disclosures
Summary Statement
Individual Accounts
CITY OF PALM DESERT
MITCHELL ARBAUGH
73-510 FRED WARING DR
PALM DESERT, CA 92260
Client Management Team
Accounts included in Statement
553-00 CITY OF PALM DESERT
553-04 DESERT WILLOW GOLF RESORT
553-06 PALM DESERT HOUSING AUTHORITY
553-08 RDA SUCCESSOR AGENCY -- PALM DESERT
www.camponline.comOnline Access 1-800-729-7665Customer Service
Important Messages
CAMP will be closed on 09/04/2023 for Labor Day.
Jeremy King
Key Account Manager
213 Market Street
Harrisburg, PA 17101-2141
1-800-729-7665
kingj@pfmam.com
Rachael Miller
Client Consultant
213 Market Street
Harrisburg, PA 17101-2141
1-800-729-7665
millerr@pfmam.com
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 164 of 570
For the Month Ending July 31, 2023
Account Statement
Important Disclosures
Important Disclosures
365 and dividing the result by 7. The yields quoted should not be considered a
representation of the yield of the fund in the future, since the yield is not fixed.
Average maturity represents the average maturity of all securities and
investments of a portfolio, determined by multiplying the par or principal value of
each security or investment by its maturity (days or years), summing the
products, and dividing the sum by the total principal value of the portfolio. The
stated maturity date of mortgage backed or callable securities are used in this
statement. However the actual maturity of these securities could vary depending
on the level or prepayments on the underlying mortgages or whether a callable
security has or is still able to be called.
Monthly distribution yield represents the net change in the value of one share
(normally $1.00 per share) resulting from all dividends declared during the month
by a fund expressed as a percentage of the value of one share at the beginning
of the month. This resulting net change is then annualized by multiplying it by
365 and dividing it by the number of calendar days in the month.
YTM at Cost The yield to maturity at cost is the expected rate of return, based
on the original cost, the annual interest receipts, maturity value and the time
period from purchase date to maturity, stated as a percentage, on an annualized
basis.
YTM at Market The yield to maturity at market is the rate of return, based on the
current market value, the annual interest receipts, maturity value and the time
period remaining until maturity, stated as a percentage, on an annualized basis.
Managed Account A portfolio of investments managed discretely by PFMAM
according to the client’s specific investment policy and requirements. The
investments are directly owned by the client and held by the client’s custodian.
Unsettled Trade A trade which has been executed however the final
consummation of the security transaction and payment has not yet taken place.
Please review the detail pages of this statement carefully. If you think your
statement is wrong, missing account information, or if you need more information
about a transaction, please contact PFMAM within 60 days of receipt. If you have
other concerns or questions regarding your account, or to request an updated
copy of PFMAM's current disclosure statement, please contact a member of your
client management team at PFMAM Service Operations at the address below.
PFM Asset Management LLC
Attn: Service Operations
213 Market Street
Harrisburg, PA 17101
NOT FDIC INSURED NO BANK GUARANTEE MAY LOSE VALUE
This statement is for general information purposes only and is not intended to provide
specific advice or recommendations. PFM Asset Management LLC ("PFMAM") is an
investment adviser registered with the U.S. Securities and Exchange Commission and a
subsidiary of U.S. Bancorp Asset Management, Inc. ("USBAM"). USBAM is a subsidiary
of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and
subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the
products, services or performance of PFMAM. PFMAM maintains a written disclosure
statement of our background and business experience. If you would like to receive a
copy of our current disclosure statement, please contact Service Operations at the
address below.
Proxy Voting PFMAM does not normally receive proxies to vote on behalf of its clients.
However, it does on occasion receive consent requests. In the event a consent request
is received the portfolio manager contacts the client and then proceeds according to
their instructions. PFMAM’s Proxy Voting Policy is available upon request by contacting
Service Operations at the address below.
Questions About an Account PFMAM’s monthly statement is intended to detail our
investment advisory activity as well as the activity of any accounts held by clients in
pools that are managed by PFMAM. The custodian bank maintains the control of assets
and executes (i.e., settles) all investment transactions. The custodian statement is the
official record of security and cash holdings and transactions. PFMAM recognizes that
clients may use these reports to facilitate record keeping and that the custodian bank
statement and the PFMAM statement should be reconciled and differences resolved.
Many custodians use a settlement date basis which may result in the need to reconcile
due to a timing difference.
Account Control PFMAM does not have the authority to withdraw funds from or deposit
funds to the custodian outside the scope of services provided by PFMAM. Our clients
retain responsibility for their internal accounting policies; implementing and enforcing
internal controls and generating ledger entries or otherwise recording transactions.
Market Value Generally, PFMAM’s market prices are derived from closing bid prices as
of the last business day of the month as supplied by Refinitiv or Bloomberg. For certain
short-term investments or where prices are not available from generally recognized
sources the securities are priced using a yield-based matrix system to arrive at an
estimated market value. Prices that fall between data points are interpolated.
Non-negotiable FDIC-insured bank certificates of deposit are priced at par. Although
PFMAM believes the prices to be reliable, the values of the securities may not represent
the prices at which the securities could have been bought or sold. Explanation of the
valuation methods for a registered investment company or local government investment
program is contained in the appropriate fund offering documentation or information
statement.
Amortized Cost The original cost of the principal of the security is adjusted for the
amount of the periodic reduction of any discount or premium from the purchase date
until the date of the report. Discount or premium with respect to short term securities
(those with less than one year to maturity at time of issuance) is amortized on a
straightline basis. Such discount or premium with respect to longer term securities is
amortized using the constant yield basis.
Tax Reporting Cost data and realized gains / losses are provided for informational
purposes only. Please review for accuracy and consult your tax advisor to determine
the tax consequences of your security transactions. PFMAM does not report such
information to the IRS or other taxing authorities and is not responsible for the
accuracy of such information that may be required to be reported to federal, state or
other taxing authorities.
Financial Situation In order to better serve you, PFMAM should be promptly notified
of any material change in your investment objective or financial situation.
Callable Securities Securities subject to redemption prior to maturity may be
redeemed in whole or in part before maturity, which could affect the yield represented.
Portfolio The securities in this portfolio, including shares of mutual funds, are not
guaranteed or otherwise protected by PFMAM, the FDIC (except for certain
non-negotiable certificates of deposit) or any government agency. Investment in
securities involves risks, including the possible loss of the amount invested. Actual
settlement values, accrued interest, and amortized cost amounts may vary for
securities subject to an adjustable interest rate or subject to principal paydowns. Any
changes to the values shown may be reflected within the next monthly statement’s
beginning values.
Rating Information provided for ratings is based upon a good faith inquiry of selected
sources, but its accuracy and completeness cannot be guaranteed.
Shares of some local government investment programs and TERM funds are
marketed through representatives of PFMAM's affiliate, PFM Fund Distributors, Inc.
which is registered with the SEC as a broker/dealer and is a member of the Financial
Industry Regulatory Authority (“FINRA”) and the Municipal Securities Rulemaking
Board (“MSRB”). You may reach the FINRA by calling the FINRA Hotline at
1-800-289-9999 or at the FINRA website address
https://www.finra.org/investors/investor-contacts. A brochure describing the FINRA
Regulation Public Disclosure Program is also available from FINRA upon request.
Key Terms and Definitions
Dividends on local government investment program funds consist of interest earned,
plus any discount ratably amortized to the date of maturity, plus all realized gains and
losses on the sale of securities prior to maturity, less ratable amortization of any
premium and all accrued expenses to the fund. Dividends are accrued daily and may
be paid either monthly or quarterly. The monthly earnings on this statement represent
the estimated dividend accrued for the month for any program that distributes earnings
on a quarterly basis. There is no guarantee that the estimated amount will be paid on
the actual distribution date.
Current Yield is the net change, exclusive of capital changes and income other than
investment income, in the value of a hypothetical fund account with a balance of one
share over the seven-day base period including the statement date, expressed as a
percentage of the value of one share (normally $1.00 per share) at the beginning of
the seven-day period. This resulting net change in account value is then annualized by
multiplying it by
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 165 of 570
For the Month Ending July 31, 2023
Account Statement
Consolidated Summary Statement
CITY OF PALM DESERT
Investment Allocation
Investment Type Closing Market Value Percent
210,655,650.53 100.00 Joint Powers Authority
$210,655,650.53 Total 100.00%
Portfolio Summary
and Income
Closing
Market Value
Current
Portfolio Holdings
Cash Dividends
Yield
CAMP Pool 946,532.97 210,655,650.53 5.43 %
$946,532.97 $210,655,650.53 Total
Maturity Distribution (Fixed Income Holdings)
Portfolio Holdings Closing Market Value Percent
210,655,650.53
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
100.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Under 30 days
31 to 60 days
61 to 90 days
91 to 180 days
181 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
Total $210,655,650.53
1
100.00%
Weighted Average Days to Maturity
Sector Allocation
100.00%
Joint Powers
Authority
Summary Page 1
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 166 of 570
For the Month Ending July 31, 2023
Account Statement
Consolidated Summary Statement
CITY OF PALM DESERT
and Income
Closing Market
Value
Change in
Value Trades MaturitiesDeposits ValueAccount Name
Account
Number
Cash DividendsUnsettled Redemptions / Sales/Purchases /Opening Market
553-00 154,438,584.68 697,066.55 0.00 0.00 155,135,651.23 0.00 697,066.55 CITY OF PALM DESERT
553-04 4,353,838.41 19,651.28 0.00 0.00 4,373,489.69 0.00 19,651.28 DESERT WILLOW GOLF RESORT
553-06 50,910,721.38 229,788.18 0.00 0.00 51,140,509.56 0.00 229,788.18 PALM DESERT HOUSING
AUTHORITY
553-08 5,973.09 26.96 0.00 0.00 6,000.05 0.00 26.96 RDA SUCCESSOR AGENCY -- PALM
DESERT
$209,709,117.56 $946,532.97 $0.00 $0.00 $210,655,650.53 $946,532.97 Total $0.00
Summary Page 2
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 167 of 570
For the Month Ending July 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - CITY OF PALM DESERT - 553-00
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
154,438,584.68
697,066.55
0.00
0.00
$155,135,651.23
CAMP Pool
Unsettled Trades 0.00
697,066.55 Cash Dividends and Income
July 31, 2023 June 30, 2023
Asset Summary
CAMP Pool 155,135,651.23 154,438,584.68
$155,135,651.23 $154,438,584.68 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-00 Page 1
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 168 of 570
For the Month Ending July 31, 2023Account Statement
CITY OF PALM DESERT - CITY OF PALM DESERT - 553-00
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
154,438,584.68 Opening Balance
07/31/23 08/01/23 Accrual Income Div Reinvestment - Distributions 1.00 697,066.55 155,135,651.23
155,135,651.23
155,135,651.23
155,135,651.23
154,461,070.70
3,909,185.11
0.00
0.00
104,909,185.11
50,226,466.12
697,066.55
155,135,651.23
0.00
0.00
697,066.55
154,438,584.68
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
July January-July
5.31%
Account 553-00 Page 2
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 169 of 570
For the Month Ending July 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - DESERT WILLOW GOLF RESORT - 553-04
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
4,353,838.41
19,651.28
0.00
0.00
$4,373,489.69
CAMP Pool
Unsettled Trades 0.00
19,651.28 Cash Dividends and Income
July 31, 2023 June 30, 2023
Asset Summary
CAMP Pool 4,373,489.69 4,353,838.41
$4,373,489.69 $4,353,838.41 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-04 Page 1
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 170 of 570
For the Month Ending July 31, 2023Account Statement
CITY OF PALM DESERT - DESERT WILLOW GOLF RESORT - 553-04
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
4,353,838.41 Opening Balance
07/31/23 08/01/23 Accrual Income Div Reinvestment - Distributions 1.00 19,651.28 4,373,489.69
4,373,489.69
4,373,489.69
4,373,489.69
4,354,472.32
104,703.55
0.00
0.00
2,104,703.55
2,268,786.14
19,651.28
4,373,489.69
0.00
0.00
19,651.28
4,353,838.41
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
July January-July
5.31%
Account 553-04 Page 2
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 171 of 570
For the Month Ending July 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - PALM DESERT HOUSING AUTHORITY - 553-06
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
50,910,721.38
229,788.18
0.00
0.00
$51,140,509.56
CAMP Pool
Unsettled Trades 0.00
229,788.18 Cash Dividends and Income
July 31, 2023 June 30, 2023
Asset Summary
CAMP Pool 51,140,509.56 50,910,721.38
$51,140,509.56 $50,910,721.38 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-06 Page 1
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 172 of 570
For the Month Ending July 31, 2023Account Statement
CITY OF PALM DESERT - PALM DESERT HOUSING AUTHORITY - 553-06
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
50,910,721.38 Opening Balance
07/31/23 08/01/23 Accrual Income Div Reinvestment - Distributions 1.00 229,788.18 51,140,509.56
51,140,509.56
51,140,509.56
51,140,509.56
50,918,133.90
1,451,249.43
0.00
0.00
1,451,249.43
49,689,260.13
229,788.18
51,140,509.56
0.00
0.00
229,788.18
50,910,721.38
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
July January-July
5.31%
Account 553-06 Page 2
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 173 of 570
For the Month Ending July 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - RDA SUCCESSOR AGENCY -- PALM DESERT - 553-08
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
5,973.09
26.96
0.00
0.00
$6,000.05
CAMP Pool
Unsettled Trades 0.00
26.96 Cash Dividends and Income
July 31, 2023 June 30, 2023
Asset Summary
CAMP Pool 6,000.05 5,973.09
$6,000.05 $5,973.09 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-08 Page 1
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 174 of 570
For the Month Ending July 31, 2023Account Statement
CITY OF PALM DESERT - RDA SUCCESSOR AGENCY -- PALM DESERT - 553-08
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
5,973.09 Opening Balance
07/31/23 08/01/23 Accrual Income Div Reinvestment - Distributions 1.00 26.96 6,000.05
6,000.05
6,000.05
6,000.05
5,973.96
170.26
0.00
0.00
170.26
5,829.79
26.96
6,000.05
0.00
0.00
26.96
5,973.09
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
July January-July
5.31%
Account 553-08 Page 2
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 175 of 570
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 12, 2023
LAIF Home
PMIA Average Monthly
Yields
CITY OF PALM DESERT
CITY TREASURER
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
Account Number: 98-33-621
July 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
7/14/2023 7/19/2023 QRD 1736151 N/A SYSTEM 162,173.65
Account Summary
Total Deposit:162,173.65 Beginning Balance:20,655,369.99
Total Withdrawal:0.00 Ending Balance:20,817,543.64
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 176 of 570
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 12, 2023
LAIF Home
PMIA Average Monthly
Yields
PALM DESERT HOUSING AUTHORITY
CITY TREASURER
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
Account Number: 25-33-003
July 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
7/14/2023 7/19/2023 QRD 1734679 N/A SYSTEM 7,774.80
Account Summary
Total Deposit:7,774.80 Beginning Balance:990,243.36
Total Withdrawal:0.00 Ending Balance:998,018.16
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 177 of 570
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 12, 2023
LAIF Home
PMIA Average Monthly
Yields
S/A TO THE PALM DESERT REDEVELOPMENT
AGENCY
FINANCE DIRECTOR
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
Account Number: 65-33-023
July 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
7/14/2023 7/19/2023 QRD 1735101 N/A SYSTEM 5.94
Account Summary
Total Deposit:5.94 Beginning Balance:756.41
Total Withdrawal:0.00 Ending Balance:762.35
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 178 of 570
Parameters:Query: Fund Summary
County of Riverside Treasurer-Tax CollectorFund Summary Report
Bank: oneof
Account Number: oneof 052460, 052470
Counterparty: equalto
Run Date:02-Aug-2023 08:34:52 AM User:Susan
From :
To :
As at :
01-Jul-2023
31-Jul-2023
02-Aug-2023
Balance Calculation Based On:Value Date
TotalBalance Forward Totaltrans_typeAccount NameAccount Numbe Balance ForwardAccount NameAccount Number Total ReceiptsTotal Receipts Total PaymentsTotal Payments
City Of Palm Desert052460 $2,504,768.68 $192,929.98 $0.00 $2,697,698.66
RDA Successor Agcy Palm Desert052470 $340.91 $2.50 $0.00 $343.41
Grand Total:$2,505,109.59 $192,932.48 $0.00 $2,698,042.07
Printed on 8/2/2023 Page 1 of 1End of Report
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 179 of 570
CITY OF PALM DESERTPortfolio ManagementAugust 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.CAMP 179,557,419.07 157.12 5.5201179,557,419.07179,557,419.07FEDERAL AGENCY - COUPON 13,998,904.11 1374.45 0.43983013,465,070.0014,000,000.00LAIF 817,543.64 10.26 3.3051817,543.64817,543.64FEDERAL AGENCY - CALLABLE 16,986,659.46 2305.40 0.42793016,219,810.0017,000,000.00TRUSTEE CASH BALANCES 5,144,189.13 11.64 0.31515,144,189.135,144,189.13MEDIUM-TERM NOTES 29,997,628.60 5889.54 2.9171,11829,188,710.0030,000,000.00CUSTODIAN PROJECT FUNDS 65,149,574.93 120.73 5.190165,149,574.9365,149,574.93RIVERSIDE COUNTY POOL 2,697,698.66 10.86 3.86012,697,698.662,697,698.66314,349,617.60 100.00%Investments312,240,015.43314,366,425.4375 195 4.597Cash(not included in yield calculations)Passbook/Checking5,779,745.96 1 0.00015,779,745.965,779,745.96320,129,363.56Total Cash and Investments318,019,761.39320,146,171.3975 195 4.597Current YearAugust 311,203,989.98Average Daily BalanceEffective Rate of Return320,275,540.684.43%Total Earnings Month EndingThis investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cashto fund city expenditures for the next six months. US Bank Custody Services has provided market value prices for all corporate securities. All balances are bank balances. The "% of Portfolio" calculationon the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio CITYAPReporting period 08/01/2023-08/31/2023Run Date: 09/21/2023 - 08:12PM (PRF_PM1) 7.3.11No fiscal year history availableReport Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 180 of 570
YTM/C365Page 1Par Value Book ValueMaturityDateStatedRateMarket ValueAugust 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateCAMP5.520C.A.M.P. POOL (CITY)13 175,914,340.44 175,914,340.44 5.520175,914,340.44SYS13 15.520C.A.M.P. POOL (DESERT WILLOW)12444 3,643,078.63 3,643,078.63 5.5203,643,078.63SYS12444 1179,557,419.07179,557,419.07179,557,419.07170,309,085.38Subtotal and Average 5.520 1U.S. BANK / LAIF BOND PROCEEDS0.203LOCAL AGENCY INVESTMENT FUND12-33-084 0.00 0.00 0.2030.00252026003 10.000.000.000.00Subtotal and Average 0.000 0FEDERAL AGENCY - COUPON0.505FEDERAL HOME LOAN BANK664 3,000,000.00 2,999,839.62 10/28/20240.50007/28/2021 2,833,650.00 Aaa3130ANAC4 4230.500FEDERAL HOME LOAN BANK710 5,000,000.00 5,000,000.00 12/08/20230.50011/04/2021 4,830,800.00 Aaa3130APR72 980.360FEDERAL HOME LOAN MTG CORP706 3,000,000.00 2,999,122.59 10/16/20230.12510/21/2021 2,893,710.00 Aaa3137EAEY1 450.350FEDERAL HOME LOAN MTG CORP707 3,000,000.00 2,999,941.90 09/08/20230.25010/21/2021 2,906,910.00 Aaa3137EAEW5 713,998,904.1113,465,070.0014,000,000.0013,998,508.65Subtotal and Average 0.439 137LAIF3.305LOCAL AGENCY INVESTMENT FUND12000 817,543.64 817,543.64 3.305817,543.6412000 1817,543.64817,543.64817,543.649,204,640.41Subtotal and Average 3.305 1FEDERAL AGENCY - CALLABLE0.520FEDERAL FARM CREDIT BANK668 5,000,000.00 4,986,988.97 12/23/20240.32009/14/2021 4,655,800.00 Aaa3133EMLP5 4790.370FEDERAL FARM CREDIT BANK698 3,000,000.00 2,999,877.50 10/20/20230.34010/20/2021 2,908,920.00 Aaa3133ENBN9 490.331FEDERAL FARM CREDIT BANK699 3,000,000.00 2,999,792.99 10/12/20230.27010/19/2021 2,901,330.00 Aaa3133ENAU4 410.400FEDERAL HOME LOAN BANK660 3,000,000.00 3,000,000.00 07/29/20240.40007/29/2021 2,854,620.00 Aaa3130AN7K0 3320.450FEDERAL HOME LOAN BANK708 3,000,000.00 3,000,000.00 11/24/20230.45011/24/2021 2,899,140.00 Aaa3130APMC6 8416,986,659.4616,219,810.0017,000,000.0016,986,166.72Subtotal and Average 0.427 230TRUSTEE CASH BALANCES0.030GOLDMAN SACHS GOVERNMENT FUND382 0.00 0.00 0.0300.00 Aaa252026000-G 10.030GOLDMAN SACHS GOVERNMENT FUND383 0.00 0.00 0.03007/01/2022 0.00 Aaa252026001-G 10.030GOLDMAN SACHS GOVERNMENT FUND384 0.00 0.00 0.0300.00 Aaa252026002-G 10.030GOLDMAN SACHS GOVERNMENT FUND385 0.00 0.00 0.0300.00 Aaa252026003-G 10.030GOLDMAN SACHS GOVERNMENT FUND386 0.00 0.00 0.0300.00 Aaa252026004-G 10.030GOLDMAN SACHS GOVERNMENT FUND401 0.00 0.00 0.0300.00 Aaa252026017-G 10.030GOLDMAN SACHS GOVERNMENT FUND402 0.00 0.00 0.0300.00 Aaa252026018-G 1Portfolio CITYAPRun Date: 09/21/2023 - 08:12PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 181 of 570
YTM/C365Page 2Par Value Book ValueMaturityDateStatedRateMarket ValueAugust 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateTRUSTEE CASH BALANCES5.220GOLDMAN SACHS GOVERNMENT FUND404 27.70 27.70 5.22027.70 Aaa260128000-G 10.030GOLDMAN SACHS GOVERNMENT FUND405 0.00 0.00 0.03007/01/2022 0.00 Aaa260128001-G 10.030GOLDMAN SACHS GOVERNMENT FUND407 0.00 0.00 0.03007/01/2022 0.00 Aaa260128002-G 10.030GOLDMAN SACHS GOVERNMENT FUND408 0.00 0.00 0.03007/01/2022 0.00 Aaa260128003-G 10.030GOLDMAN SACHS GOVERNMENT FUND409 0.00 0.00 0.03007/01/2022 0.00 Aaa260128004-G 10.030GOLDMAN SACHS GOVERNMENT FUND410 0.00 0.00 0.0300.00 Aaa260128005-G 10.030GOLDMAN SACHS GOVERNMENT FUND412 0.00 0.00 0.0300.00 Aaa260128006-G 10.030GOLDMAN SACHS GOVERNMENT FUND414 0.00 0.00 0.0300.00 Aaa260128007-G 10.030GOLDMAN SACHS GOVERNMENT FUND415 0.00 0.00 0.0300.00 Aaa260128008-G 15.210GOLDMAN SACHS GOVERNMENT FUND416 145.04 145.04 5.210145.04 Aaa260128009-G 15.210GOLDMAN SACHS GOVERNMENT FUND417 141,747.83 141,747.83 5.210141,747.83 Aaa260128010-G 15.210GOLDMAN SACHS GOVERNMENT FUND418 167,114.81 167,114.81 5.210167,114.81 Aaa260128011-G 10.030GOLDMAN SACHS GOVERNMENT FUND419 0.00 0.00 0.0300.00 Aaa261470000-G 10.030GOLDMAN SACHS GOVERNMENT FUND420 0.00 0.00 0.0300.00 Aaa261470001-G 10.030GOLDMAN SACHS GOVERNMENT FUND421 0.00 0.00 0.0300.00 Aaa261470002-G 10.000GOLDMAN SACHS GOVERNMENT FUND671 65.38 65.3865.38 Aaa263346000-G 10.000GOLDMAN SACHS GOVERNMENT FUND672 283,575.50 283,575.5007/01/2022 283,575.50 Aaa263346001-G 10.000GOLDMAN SACHS GOVERNMENT FUND673 305,000.19 305,000.19305,000.19 Aaa263346002-G 10.000GOLDMAN SACHS GOVERNMENT FUND674 874,200.00 874,200.00874,200.00 Aaa263346003-G 10.030GOLDMAN SACHS GOVERNMENT FUND675 0.00 0.00 0.03007/01/2022 0.00 Aaa263346004-G 10.030GOLDMAN SACHS GOVERNMENT FUND676 0.94 0.94 0.03007/01/2022 0.94 Aaa263346005-G 10.000GOLDMAN SACHS GOVERNMENT FUND677 0.00 0.000.00 Aaa263346006-G 10.000GOLDMAN SACHS GOVERNMENT FUND678 1.53 1.531.53 Aaa263346007-G 10.030GOLDMAN SACHS GOVERNMENT FUND679 1.69 1.69 0.03007/01/2022 1.69 Aaa263599000-G 10.000GOLDMAN SACHS GOVERNMENT FUND680 1,099,081.25 1,099,081.2507/01/2022 1,099,081.25 Aaa263599001-G 10.000GOLDMAN SACHS GOVERNMENT FUND682 1,416,864.83 1,416,864.831,416,864.83 Aaa263599002-G 10.000GOLDMAN SACHS GOVERNMENT FUND683 0.00 0.000.00 Aaa263599003-G 10.030GOLDMAN SACHS GOVERNMENT FUND684 0.00 0.00 0.03007/01/2022 0.00 Aaa269048000-G 10.000GOLDMAN SACHS GOVERNMENT FUND685 31.23 31.2331.23 Aaa271146000-G 10.000GOLDMAN SACHS GOVERNMENT FUND687 95,550.10 95,550.1007/01/2022 95,550.10 Aaa271146001-G 10.030GOLDMAN SACHS GOVERNMENT FUND688 270,000.03 270,000.03 0.03007/01/2022 270,000.03 Aaa271146002-G 10.000GOLDMAN SACHS GOVERNMENT FUND689 468,400.00 468,400.00468,400.00 Aaa271146003-G 10.030GOLDMAN SACHS GOVERNMENT FUND690 0.00 0.00 0.03007/01/2022 0.00 Aaa271146004-G 10.030GOLDMAN SACHS GOVERNMENT FUND691 0.70 0.70 0.03007/01/2022 0.70 Aaa271146005-G 10.000GOLDMAN SACHS GOVERNMENT FUND692 0.00 0.000.00 Aaa271146006-G 10.030GOLDMAN SACHS GOVERNMENT FUND693 0.00 0.00 0.03007/01/2022 0.00 Aaa277580000-G 1Portfolio CITYAPRun Date: 09/21/2023 - 08:12PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 182 of 570
YTM/C365Page 3Par Value Book ValueMaturityDateStatedRateMarket ValueAugust 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateTRUSTEE CASH BALANCES0.005GOLDMAN SACHS GOVERNMENT FUND744 22,380.38 22,380.38 0.00522,380.38 Aaa263599004 15,144,189.135,144,189.135,144,189.133,091,699.24Subtotal and Average 0.315 1MEDIUM-TERM NOTES0.450AMAZON.COM INC.662 3,000,000.00 3,000,000.00 05/12/20240.45007/19/2021 2,852,400.00 A023135BW5 2540.500CATERPILLAR FINANCIAL SERVICES697 3,000,000.00 2,998,936.74 05/17/20240.45010/08/2021 2,841,930.00 A14913R2L0 2595.250Freddie Mac760 5,000,000.00 5,000,000.00 12/30/20245.25012/30/2022 5,000,000.00 Aaa3134GYAB8 4866.750GOLDMAN SACHS GOVERNMENT FUND752 5,000,000.00 5,000,000.00 10/29/20276.75010/31/2022 5,000,000.00 A238150APM1 1,5193.999MORGAN STANLEY747 5,000,000.00 5,000,000.00 07/23/20254.00009/01/2022 5,000,000.00 A16174468C6 6910.500TOYOTA MOTOR CREDIT CORP658 3,000,000.00 3,000,000.00 06/18/20240.50006/18/2021 2,831,460.00 A89236TJH9 2910.530TOYOTA MOTOR CREDIT CORP659 3,000,000.00 2,999,285.21 06/18/20240.50007/08/2021 2,831,460.00 A89236TJH9 2910.525TOYOTA MOTOR CREDIT CORP667 3,000,000.00 2,999,406.65 06/18/20240.50009/14/2021 2,831,460.00 A89236TJH9 29129,997,628.6029,188,710.0030,000,000.0029,997,506.36Subtotal and Average 2.917 588CUSTODIAN PROJECT FUNDS5.190FIRST AMERICAN US TREASURY MMF647 6,009,523.15 6,009,523.15 5.1906,009,523.15 Aaa6736302420-G 15.190FIRST AMERICAN US TREASURY MMF648 26,417,045.70 26,417,045.70 5.19026,417,045.70 Aaa6736302430-G 15.190FIRST AMERICAN US TREASURY MMF649 12,434,400.60 12,434,400.60 5.19012,434,400.60 Aaa6736302440-G 15.190FIRST AMERICAN US TREASURY MMF650 20,288,605.48 20,288,605.48 5.19020,288,605.48 Aaa6736302450-G 165,149,574.9365,149,574.9365,149,574.9364,882,067.26Subtotal and Average 5.190 1RIVERSIDE COUNTY POOL3.860POOLED INVESTMENT FUND052460 2,697,698.66 2,697,698.66 3.8602,697,698.66 Aaa052460 12,697,698.662,697,698.662,697,698.662,697,698.66Subtotal and Average 3.860 1CUSTODIAN PROJECT FUNDS0.010GOLDMAN SACHS TREASURY FUND498 0.00 0.00 0.0100.00 Aaa6736302420 10.010GOLDMAN SACHS TREASURY FUND499 0.00 0.00 0.0100.00 Aaa6736302430 10.010GOLDMAN SACHS TREASURY FUND500 0.00 0.00 0.0100.00 Aaa6736302440 10.010GOLDMAN SACHS TREASURY FUND501 0.00 0.00 0.0100.00 Aaa6736302450 10.000.000.000.00Subtotal and Average 0.000 0Portfolio CITYAPRun Date: 09/21/2023 - 08:12PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 183 of 570
YTM/C365Page 4Par Value Book ValueStatedRateMarket ValueAugust 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDate320,275,540.68 314,366,425.43 4.597 75312,240,015.43 314,349,617.60Total and AveragePortfolio CITYAPRun Date: 09/21/2023 - 08:12PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 184 of 570
YTM/C365Page 5Par Value Book ValueStatedRateMarket ValueAugust 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementCITY OF PALM DESERTDays toMat./CallMoody'sCUSIP Investment #PurchaseDateCUSTODIAN PROJECT FUNDS0.000CITY OF PALM DESERT753 0.00 0.0010/27/2022 0.00SYS753 1BANK CHECKING ACCOUNTS0.000CITY OF PALM DESERT MAIN13016 0.00 0.000.00SYS13016 10.000DESERT WILLOW GOLF COURSE13013 0.00 0.0007/01/2022 0.00SYS13013 10.000PUBLIC SAFETY CHECKING602 0.00 0.0007/01/2022 0.00SYS602 10.000RECREATIONAL FACILITIES CORP13020 0.00 0.0007/01/2022 0.00SYS13020 10.000US Bank 1101 3,474,964.13 3,474,964.1305/26/2023 3,474,964.13SYS9121 10.000US Bank 1DW102 61,987.05 61,987.0505/26/2023 61,987.05SYS9154 10.000US Bank 1PDRFC103 1,000.00 1,000.0005/26/2023 1,000.00SYS9162 10.000US Bank 1PUBSAF107 0.00 0.0005/26/2023 0.00SYS4316 10.000WELLS FARGO BANKWFDW111 1,509,129.24 1,509,129.2405/24/2023 1,509,129.24 A1SYS6359 10.000WELLS FARGO BANKWFMAIN108 38,518.00 38,518.0005/19/2023 38,518.00 A1SYS6391 10.000WELLS FARGO BANKWFPDRFC112 694,147.54 694,147.5405/24/2023 694,147.54 A1SYS6342 10.00320,275,540.68 320,146,171.39 4.597 751Average Balance318,019,761.39 320,129,363.56Total Cash and InvestmentsPortfolio CITYAPRun Date: 09/21/2023 - 08:12PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 185 of 570
PALM DESERT HOUSING AUTHORITYPortfolio ManagementAugust 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.CAMP 51,380,217.63 198.09 5.520151,380,217.6351,380,217.63LAIF 998,018.16 11.91 3.4341998,018.16998,018.1652,378,235.79 100.00%Investments52,378,235.7952,378,235.791 1 5.480Cash(not included in yield calculations)Passbook/Checking4,254,546.16 1 0.00014,254,546.164,254,546.1656,632,781.95Total Cash and Investments56,632,781.9556,632,781.951 1 5.480Current YearAugust 31242,704.94Average Daily BalanceEffective Rate of Return56,344,985.965.07%Total Earnings Month EndingThis investment portfolio complies with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fundHousing Authority operations for the next six months. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits.__________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio HAAPReporting period 08/01/2023-08/31/2023Run Date: 09/20/2023 - 15:49PM (PRF_PM1) 7.3.11No fiscal year history availableReport Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 186 of 570
Days toMat./CallPage 1Par Value Book ValueMaturityDateStatedRateMarket ValueAugust 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementPALM DESERT HOUSING AUTHORITYYTM/C365Moody'sCUSIP Investment #PurchaseDateCAMP1CA ASSET MANAGEMENT PROGRAM12008 51,380,217.63 51,380,217.63 5.52051,380,217.63SYS12008 5.52051,380,217.6351,380,217.6351,380,217.6351,148,242.08Subtotal and Average 1 5.520CUSTODIAN PROJECT FUNDS1GOLDMAN SACHS TREASURY FUND590 0.00 0.00 0.0100.00 Aaa6736302460 0.0100.000.000.000.00Subtotal and Average 0 0.000LAIF1LOCAL AGENCY INVESTMENT FUND21003 998,018.16 998,018.16 3.434998,018.16SYS21003 3.434998,018.16998,018.16998,018.16998,018.16Subtotal and Average 1 3.434CUSTODIAN PROJECT FUNDS1FIRST AMERICAN US TREASURY MMF597 0.00 0.00 4.86001/01/2021 0.00 Aaa6736302460-G 4.8600.000.000.000.00Subtotal and Average 0 0.00056,344,985.96 52,378,235.79 1 5.48052,378,235.79 52,378,235.79Total and AveragePortfolio HAAPRun Date: 09/20/2023 - 15:49PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 187 of 570
Days toMat./CallPage 2Par Value Book ValueStatedRateMarket ValueAugust 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementPALM DESERT HOUSING AUTHORITYYTM/C365Moody'sCUSIP Investment #PurchaseDateCHECKING1HOUSING AUTH CHECKING25015 0.00 0.000.00SYS25015 0.0001HOUSING AUTH CHECKINGHSG104 0.00 0.0005/29/2023 0.00SYS9204 0.0001HOUSING AUTH TRUST25016 0.00 0.0007/01/2020 0.00SYS25016 0.0001WELLS FARGO BANKWFHSG113 3,755,747.66 3,755,747.6606/01/2023 3,755,747.66 A1SYS6375 0.0001WELLS FARGO BANKWFHSGT 498,798.50 498,798.5006/01/2023 498,798.50 A1SYS6367 0.0000.0056,344,985.96 56,632,781.95 1 5.4801Average Balance56,632,781.95 56,632,781.95Total Cash and InvestmentsPortfolio HAAPRun Date: 09/20/2023 - 15:49PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 188 of 570
RDA SUCCESSOR AGENCYPortfolio ManagementAugust 31, 2023Portfolio Summary% ofPortfolioBookValueInvestmentsMarketValueParValueTermDays toMat./CallYTM/C365 Equiv.RIVERSIDE COUNTY POOL 343.41 10.00 3.8601343.41343.41CAMP 6,028.17 10.05 5.52016,028.176,028.17LAIF 762.35 10.01 3.4341762.35762.35TRUSTEE CASH BALANCES - MMA 12,468,069.07 199.93 0.000112,468,069.0712,468,069.07TRUSTEE CASH BALANCES - GF 1,544.91 10.01 5.02011,544.911,544.9112,476,747.91 100.00%Investments12,476,747.9112,476,747.911 1 0.004Cash(not included in yield calculations)Passbook/Checking9,628,518.02 1 0.00019,628,518.029,628,518.0222,105,265.93Total Cash and Investments22,105,265.9322,105,265.931 1 0.004Current YearAugust 3137.99Average Daily BalanceEffective Rate of Return40,094,571.730.00%Total Earnings Month EndingThis investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Pursuant to ABX126, the availability of cash tofund the Palm Desert RDA Successor Agency's debt service is dependent upon the County of Riverside and the State of California. All balances are bank balances. The "% of Portfolio" calculation on thePortfolio Summary page omits demand deposits.__________________________________________________ ____________________Veronica Chavez, Finance DirectorPortfolio RDASAPReporting period 08/01/2023-08/31/2023Run Date: 09/20/2023 - 15:55PM (PRF_PM1) 7.3.11No fiscal year history availableReport Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E9/21/2023Page 189 of 570
Days toMat./CallPage 1Par Value Book ValueMaturityDateStatedRateMarket ValueAugust 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDateRIVERSIDE COUNTY POOL1POOLED INVESTMENT FUND052470 343.41 343.41 3.86007/01/2020 343.41 Aaa052470 3.860343.41343.41343.41343.41Subtotal and Average 1 3.860CAMP1C.A.M.P. POOL (RDA S.A.)578 6,028.17 6,028.17 5.5206,028.17SYS578 5.5206,028.176,028.176,028.176,000.96Subtotal and Average 1 5.520LAIF1L.A.I.F. (RDA S.A.)604 762.35 762.35 3.43407/01/2020 762.35SYS604 3.434762.35762.35762.35762.35Subtotal and Average 1 3.434TRUSTEE CASH BALANCES - MMA1U.S. BANK MONEY MARKET ACCOUNT830 0.05 0.0507/01/2020 0.05 P-1247394001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT832 0.00 0.00 0.01007/01/2020 0.00 P-1247394003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT833 1.03 1.031.03 P-1247394002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT834 414,244.01 414,244.01414,244.01 P-1247394000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT837 14.42 14.4214.42 P-1236781002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT838 0.00 0.00 0.01007/01/2020 0.00 P-1236781003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT839 7,343,275.75 7,343,275.757,343,275.75 P-1236781000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT842 0.00 0.00 0.01007/01/2020 0.00 P-1253446003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT843 7.66 7.667.66 P-1253446002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT844 2,040,491.33 2,040,491.332,040,491.33 P-1253446000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT845 0.41 0.4107/01/2020 0.41 P-1253446001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT853 2,670,011.00 2,670,011.002,670,011.00 P-1224324000-U 0.0001U.S. BANK MONEY MARKET ACCOUNT855 0.79 0.7907/01/2020 0.79 P-1224324001-U 0.0001U.S. BANK MONEY MARKET ACCOUNT856 22.55 22.5522.55 P-1224324002-U 0.0001U.S. BANK MONEY MARKET ACCOUNT857 0.00 0.00 0.01007/01/2020 0.00 P-1224324003-U 0.0101U.S. BANK MONEY MARKET ACCOUNT881 0.07 0.0709/01/2020 0.07 P-1236781001-U 0.00012,468,069.0712,468,069.0712,468,069.0712,468,067.36Subtotal and Average 1 0.000TRUSTEE CASH BALANCES - GF1GOLDMAN SACHS GOVERNMENT FUND811 1,544.91 1,544.91 5.0201,544.91 Aaa277861000-G 5.0201GOLDMAN SACHS GOVERNMENT FUND812 0.00 0.00 0.0300.00 Aaa277861001-G 0.0301GOLDMAN SACHS GOVERNMENT FUND813 0.00 0.00 0.03007/01/2020 0.00 Aaa277861002-G 0.0301GOLDMAN SACHS GOVERNMENT FUND814 0.00 0.00 0.03007/01/2020 0.00 Aaa277861003-G 0.030Portfolio RDASAPRun Date: 09/20/2023 - 15:55PM (PRF_PM2) 7.3.11Report Ver. 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 190 of 570
Days toMat./CallPage 2Par Value Book ValueStatedRateMarket ValueAugust 31, 2023Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDate1,544.911,544.911,544.911,544.91Subtotal and Average 1 5.02040,094,571.73 12,476,747.91 1 0.00412,476,747.91 12,476,747.91Total and AveragePortfolio RDASAPRun Date: 09/20/2023 - 15:55PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 191 of 570
Days toMat./CallPage 3Par Value Book ValueStatedRateMarket ValueAugust 31, 2023Portfolio Details - CashAverageBalanceIssuerPortfolio ManagementRDA SUCCESSOR AGENCYYTM/C365Moody'sCUSIP Investment #PurchaseDateCHECKING ACCOUNTS1RDA SUCCESSOR AGENCY582 0.00 0.000.00SYS582 0.0001RDA SUCCESSOR AGENCYRDA106 9,622,988.82 9,622,988.8206/01/2023 9,622,988.82SYS4021 0.0001RDA SUCCESSOR AGENCYWFRDA899 5,529.20 5,529.2008/01/2023 5,529.20 AaSYS899 0.0000.0040,094,571.73 22,105,265.93 1 0.0041Average Balance22,105,265.93 22,105,265.93Total Cash and InvestmentsPortfolio RDASAPRun Date: 09/20/2023 - 15:55PM (PRF_PM2) 7.3.11DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2EPage 192 of 570
CITY OF PALM DESERT
ACCOUNT STATEMENT
For the Month Ending
August 31, 2023
Customer Service
PO Box 11813
Harrisburg, PA 17108-1813
Contents
Cover/Disclosures
Summary Statement
Individual Accounts
CITY OF PALM DESERT
MITCHELL ARBAUGH
73-510 FRED WARING DR
PALM DESERT, CA 92260
Client Management Team
Accounts included in Statement
553-00 CITY OF PALM DESERT
553-04 DESERT WILLOW GOLF RESORT
553-06 PALM DESERT HOUSING AUTHORITY
553-08 RDA SUCCESSOR AGENCY -- PALM DESERT
www.camponline.comOnline Access 1-800-729-7665Customer Service
Important Messages
CAMP will be closed on 09/04/2023 for Labor Day.
CAMP will be closed on 10/09/2023 for Columbus Day.
Jeremy King
Key Account Manager
213 Market Street
Harrisburg, PA 17101-2141
1-800-729-7665
kingj@pfmam.com
Rachael Miller
Client Consultant
213 Market Street
Harrisburg, PA 17101-2141
1-800-729-7665
millerr@pfmam.com
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 193 of 570
For the Month Ending August 31, 2023
Account Statement
Important Disclosures
Important Disclosures
365 and dividing the result by 7. The yields quoted should not be considered a
representation of the yield of the fund in the future, since the yield is not fixed.
Average maturity represents the average maturity of all securities and
investments of a portfolio, determined by multiplying the par or principal value of
each security or investment by its maturity (days or years), summing the
products, and dividing the sum by the total principal value of the portfolio. The
stated maturity date of mortgage backed or callable securities are used in this
statement. However the actual maturity of these securities could vary depending
on the level or prepayments on the underlying mortgages or whether a callable
security has or is still able to be called.
Monthly distribution yield represents the net change in the value of one share
(normally $1.00 per share) resulting from all dividends declared during the month
by a fund expressed as a percentage of the value of one share at the beginning
of the month. This resulting net change is then annualized by multiplying it by
365 and dividing it by the number of calendar days in the month.
YTM at Cost The yield to maturity at cost is the expected rate of return, based
on the original cost, the annual interest receipts, maturity value and the time
period from purchase date to maturity, stated as a percentage, on an annualized
basis.
YTM at Market The yield to maturity at market is the rate of return, based on the
current market value, the annual interest receipts, maturity value and the time
period remaining until maturity, stated as a percentage, on an annualized basis.
Managed Account A portfolio of investments managed discretely by PFMAM
according to the client’s specific investment policy and requirements. The
investments are directly owned by the client and held by the client’s custodian.
Unsettled Trade A trade which has been executed however the final
consummation of the security transaction and payment has not yet taken place.
Please review the detail pages of this statement carefully. If you think your
statement is wrong, missing account information, or if you need more information
about a transaction, please contact PFMAM within 60 days of receipt. If you have
other concerns or questions regarding your account, or to request an updated
copy of PFMAM's current disclosure statement, please contact a member of your
client management team at PFMAM Service Operations at the address below.
PFM Asset Management LLC
Attn: Service Operations
213 Market Street
Harrisburg, PA 17101
NOT FDIC INSURED NO BANK GUARANTEE MAY LOSE VALUE
This statement is for general information purposes only and is not intended to provide
specific advice or recommendations. PFM Asset Management LLC ("PFMAM") is an
investment adviser registered with the U.S. Securities and Exchange Commission and a
subsidiary of U.S. Bancorp Asset Management, Inc. ("USBAM"). USBAM is a subsidiary
of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and
subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the
products, services or performance of PFMAM. PFMAM maintains a written disclosure
statement of our background and business experience. If you would like to receive a
copy of our current disclosure statement, please contact Service Operations at the
address below.
Proxy Voting PFMAM does not normally receive proxies to vote on behalf of its clients.
However, it does on occasion receive consent requests. In the event a consent request
is received the portfolio manager contacts the client and then proceeds according to
their instructions. PFMAM’s Proxy Voting Policy is available upon request by contacting
Service Operations at the address below.
Questions About an Account PFMAM’s monthly statement is intended to detail our
investment advisory activity as well as the activity of any accounts held by clients in
pools that are managed by PFMAM. The custodian bank maintains the control of assets
and executes (i.e., settles) all investment transactions. The custodian statement is the
official record of security and cash holdings and transactions. PFMAM recognizes that
clients may use these reports to facilitate record keeping and that the custodian bank
statement and the PFMAM statement should be reconciled and differences resolved.
Many custodians use a settlement date basis which may result in the need to reconcile
due to a timing difference.
Account Control PFMAM does not have the authority to withdraw funds from or deposit
funds to the custodian outside the scope of services provided by PFMAM. Our clients
retain responsibility for their internal accounting policies; implementing and enforcing
internal controls and generating ledger entries or otherwise recording transactions.
Market Value Generally, PFMAM’s market prices are derived from closing bid prices as
of the last business day of the month as supplied by Refinitiv or Bloomberg. For certain
short-term investments or where prices are not available from generally recognized
sources the securities are priced using a yield-based matrix system to arrive at an
estimated market value. Prices that fall between data points are interpolated.
Non-negotiable FDIC-insured bank certificates of deposit are priced at par. Although
PFMAM believes the prices to be reliable, the values of the securities may not represent
the prices at which the securities could have been bought or sold. Explanation of the
valuation methods for a registered investment company or local government investment
program is contained in the appropriate fund offering documentation or information
statement.
Amortized Cost The original cost of the principal of the security is adjusted for the
amount of the periodic reduction of any discount or premium from the purchase date
until the date of the report. Discount or premium with respect to short term securities
(those with less than one year to maturity at time of issuance) is amortized on a
straightline basis. Such discount or premium with respect to longer term securities is
amortized using the constant yield basis.
Tax Reporting Cost data and realized gains / losses are provided for informational
purposes only. Please review for accuracy and consult your tax advisor to determine
the tax consequences of your security transactions. PFMAM does not report such
information to the IRS or other taxing authorities and is not responsible for the
accuracy of such information that may be required to be reported to federal, state or
other taxing authorities.
Financial Situation In order to better serve you, PFMAM should be promptly notified
of any material change in your investment objective or financial situation.
Callable Securities Securities subject to redemption prior to maturity may be
redeemed in whole or in part before maturity, which could affect the yield represented.
Portfolio The securities in this portfolio, including shares of mutual funds, are not
guaranteed or otherwise protected by PFMAM, the FDIC (except for certain
non-negotiable certificates of deposit) or any government agency. Investment in
securities involves risks, including the possible loss of the amount invested. Actual
settlement values, accrued interest, and amortized cost amounts may vary for
securities subject to an adjustable interest rate or subject to principal paydowns. Any
changes to the values shown may be reflected within the next monthly statement’s
beginning values.
Rating Information provided for ratings is based upon a good faith inquiry of selected
sources, but its accuracy and completeness cannot be guaranteed.
Shares of some local government investment programs and TERM funds are
marketed through representatives of PFMAM's affiliate, PFM Fund Distributors, Inc.
which is registered with the SEC as a broker/dealer and is a member of the Financial
Industry Regulatory Authority (“FINRA”) and the Municipal Securities Rulemaking
Board (“MSRB”). You may reach the FINRA by calling the FINRA Hotline at
1-800-289-9999 or at the FINRA website address
https://www.finra.org/investors/investor-contacts. A brochure describing the FINRA
Regulation Public Disclosure Program is also available from FINRA upon request.
Key Terms and Definitions
Dividends on local government investment program funds consist of interest earned,
plus any discount ratably amortized to the date of maturity, plus all realized gains and
losses on the sale of securities prior to maturity, less ratable amortization of any
premium and all accrued expenses to the fund. Dividends are accrued daily and may
be paid either monthly or quarterly. The monthly earnings on this statement represent
the estimated dividend accrued for the month for any program that distributes earnings
on a quarterly basis. There is no guarantee that the estimated amount will be paid on
the actual distribution date.
Current Yield is the net change, exclusive of capital changes and income other than
investment income, in the value of a hypothetical fund account with a balance of one
share over the seven-day base period including the statement date, expressed as a
percentage of the value of one share (normally $1.00 per share) at the beginning of
the seven-day period. This resulting net change in account value is then annualized by
multiplying it by
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 194 of 570
For the Month Ending August 31, 2023
Account Statement
Consolidated Summary Statement
CITY OF PALM DESERT
Investment Allocation
Investment Type Closing Market Value Percent
230,943,664.87 100.00 Joint Powers Authority
$230,943,664.87 Total 100.00%
Portfolio Summary
and Income
Closing
Market Value
Current
Portfolio Holdings
Cash Dividends
Yield
CAMP Pool 1,038,014.34 230,943,664.87 5.54 %
$1,038,014.34 $230,943,664.87 Total
Maturity Distribution (Fixed Income Holdings)
Portfolio Holdings Closing Market Value Percent
230,943,664.87
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
100.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Under 30 days
31 to 60 days
61 to 90 days
91 to 180 days
181 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
Total $230,943,664.87
1
100.00%
Weighted Average Days to Maturity
Sector Allocation
100.00%
Joint Powers
Authority
Summary Page 1
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Page 195 of 570
For the Month Ending August 31, 2023
Account Statement
Consolidated Summary Statement
CITY OF PALM DESERT
and Income
Closing Market
Value
Change in
Value Trades MaturitiesDeposits ValueAccount Name
Account
Number
Cash DividendsUnsettled Redemptions / Sales/Purchases /Opening Market
553-00 155,135,651.23 20,778,689.21 0.00 0.00 175,914,340.44 0.00 778,689.21 CITY OF PALM DESERT
553-04 4,373,489.69 19,588.94 (750,000.00) 0.00 3,643,078.63 0.00 19,588.94 DESERT WILLOW GOLF RESORT
553-06 51,140,509.56 239,708.07 0.00 0.00 51,380,217.63 0.00 239,708.07 PALM DESERT HOUSING
AUTHORITY
553-08 6,000.05 28.12 0.00 0.00 6,028.17 0.00 28.12 RDA SUCCESSOR AGENCY -- PALM
DESERT
$210,655,650.53 $21,038,014.34 ($750,000.00)$0.00 $230,943,664.87 $1,038,014.34 Total $0.00
Summary Page 2
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Page 196 of 570
For the Month Ending August 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - CITY OF PALM DESERT - 553-00
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
155,135,651.23
20,778,689.21
0.00
0.00
$175,914,340.44
CAMP Pool
Unsettled Trades 0.00
778,689.21 Cash Dividends and Income
August 31, 2023 July 31, 2023
Asset Summary
CAMP Pool 175,914,340.44 155,135,651.23
$175,914,340.44 $155,135,651.23 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-00 Page 1
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For the Month Ending August 31, 2023Account Statement
CITY OF PALM DESERT - CITY OF PALM DESERT - 553-00
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
155,135,651.23 Opening Balance
08/15/23 08/15/23 Purchase - Incoming Wires 1.00 20,000,000.00 175,135,651.23
08/31/23 09/01/23 Accrual Income Div Reinvestment - Distributions 1.00 778,689.21 175,914,340.44
175,914,340.44
175,914,340.44
175,914,340.44
166,128,512.17
4,687,874.32
0.00
0.00
125,687,874.32
50,226,466.12
778,689.21
175,914,340.44
0.00
0.00
20,778,689.21
155,135,651.23
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
August January-August
5.52%
Account 553-00 Page 2
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For the Month Ending August 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - DESERT WILLOW GOLF RESORT - 553-04
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
4,373,489.69
19,588.94
(750,000.00)
0.00
$3,643,078.63
CAMP Pool
Unsettled Trades 0.00
19,588.94 Cash Dividends and Income
August 31, 2023 July 31, 2023
Asset Summary
CAMP Pool 3,643,078.63 4,373,489.69
$3,643,078.63 $4,373,489.69 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-04 Page 1
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Page 199 of 570
For the Month Ending August 31, 2023Account Statement
CITY OF PALM DESERT - DESERT WILLOW GOLF RESORT - 553-04
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
4,373,489.69 Opening Balance
08/24/23 08/24/23 Redemption - Outgoing Wires 1.00 (750,000.00) 3,623,489.69
08/31/23 09/01/23 Accrual Income Div Reinvestment - Distributions 1.00 19,588.94 3,643,078.63
3,643,078.63
3,643,078.63
3,643,078.63
4,180,573.20
124,292.49
0.00
(750,000.00)
2,124,292.49
2,268,786.14
19,588.94
3,643,078.63
0.00
(750,000.00)
19,588.94
4,373,489.69
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
August January-August
5.52%
Account 553-04 Page 2
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Page 200 of 570
For the Month Ending August 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - PALM DESERT HOUSING AUTHORITY - 553-06
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
51,140,509.56
239,708.07
0.00
0.00
$51,380,217.63
CAMP Pool
Unsettled Trades 0.00
239,708.07 Cash Dividends and Income
August 31, 2023 July 31, 2023
Asset Summary
CAMP Pool 51,380,217.63 51,140,509.56
$51,380,217.63 $51,140,509.56 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-06 Page 1
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Page 201 of 570
For the Month Ending August 31, 2023Account Statement
CITY OF PALM DESERT - PALM DESERT HOUSING AUTHORITY - 553-06
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
51,140,509.56 Opening Balance
08/31/23 09/01/23 Accrual Income Div Reinvestment - Distributions 1.00 239,708.07 51,380,217.63
51,380,217.63
51,380,217.63
51,380,217.63
51,148,242.08
1,690,957.50
0.00
0.00
1,690,957.50
49,689,260.13
239,708.07
51,380,217.63
0.00
0.00
239,708.07
51,140,509.56
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
August January-August
5.52%
Account 553-06 Page 2
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For the Month Ending August 31, 2023Account Statement - Transaction Summary
CITY OF PALM DESERT - RDA SUCCESSOR AGENCY -- PALM DESERT - 553-08
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
6,000.05
28.12
0.00
0.00
$6,028.17
CAMP Pool
Unsettled Trades 0.00
28.12 Cash Dividends and Income
August 31, 2023 July 31, 2023
Asset Summary
CAMP Pool 6,028.17 6,000.05
$6,028.17 $6,000.05 Total
Asset Allocation
100.00%
CAMP Pool
Account 553-08 Page 1
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Page 203 of 570
For the Month Ending August 31, 2023Account Statement
CITY OF PALM DESERT - RDA SUCCESSOR AGENCY -- PALM DESERT - 553-08
Total Settlement Dollar AmountShare or Trade
Shares OwnedDateTransaction Description of TransactionUnit PriceDate
CAMP Pool
6,000.05 Opening Balance
08/31/23 09/01/23 Accrual Income Div Reinvestment - Distributions 1.00 28.12 6,028.17
6,028.17
6,028.17
6,028.17
6,000.96
198.38
0.00
0.00
198.38
5,829.79
28.12
6,028.17
0.00
0.00
28.12
6,000.05
Monthly Distribution Yield
Average Monthly Balance
Closing Balance
Fiscal YTDMonth of
Cash Dividends and Income
Closing Balance
Check Disbursements
Redemptions (Excl. Checks)
Purchases
Opening Balance
Closing Balance
August January-August
5.52%
Account 553-08 Page 2
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 204 of 570
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 12, 2023
LAIF Home
PMIA Average Monthly
Yields
CITY OF PALM DESERT
CITY TREASURER
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
Account Number: 98-33-621
August 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
8/14/2023 8/10/2023 RW 1737422 1697813 JAMES BOUNDS -20,000,000.00
Account Summary
Total Deposit:0.00 Beginning Balance:20,817,543.64
Total Withdrawal:-20,000,000.00 Ending Balance:817,543.64
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 205 of 570
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 12, 2023
LAIF Home
PMIA Average Monthly
Yields
PALM DESERT HOUSING AUTHORITY
CITY TREASURER
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
Account Number: 25-33-003
August 2023 Statement
Tran Type Definitions
Account Summary
Total Deposit:0.00 Beginning Balance:998,018.16
Total Withdrawal:0.00 Ending Balance:998,018.16
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 206 of 570
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 12, 2023
LAIF Home
PMIA Average Monthly
Yields
S/A TO THE PALM DESERT REDEVELOPMENT
AGENCY
FINANCE DIRECTOR
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
Account Number: 65-33-023
August 2023 Statement
Tran Type Definitions
Account Summary
Total Deposit:0.00 Beginning Balance:762.35
Total Withdrawal:0.00 Ending Balance:762.35
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 207 of 570
Parameters:Query: Fund Summary
County of Riverside Treasurer-Tax CollectorFund Summary Report
Bank: oneof
Account Number: oneof 052460, 052470
Counterparty: equalto
Run Date:06-Sep-2023 07:58:47 AM User:Susan
From :
To :
As at :
01-Aug-2023
31-Aug-2023
06-Sep-2023
Balance Calculation Based On:Value Date
TotalBalance Forward Totaltrans_typeAccount NameAccount Numbe Balance ForwardAccount NameAccount Number Total ReceiptsTotal Receipts Total PaymentsTotal Payments
City Of Palm Desert052460 $2,697,698.66 $0.00 $0.00 $2,697,698.66
RDA Successor Agcy Palm Desert052470 $343.41 $0.00 $0.00 $343.41
Grand Total:$2,698,042.07 $0.00 $0.00 $2,698,042.07
Printed on 9/6/2023 Page 1 of 1End of Report
DocuSign Envelope ID: 4996490F-8376-4CD6-AD9B-EFA1A6277B2E
Page 208 of 570
Monthly Financial Report
June 2023
CITY OF PALM DESERT
OVERVIEW
This report summarizes the City’s
financial performance for the
month ending June 30, 2023.
Financial analysis for this report is
provided for the General Fund
REVENUES TO DATE
As of June 30, 2023,
approximately $82.55M
or 114% of the General
Fund operating budget
revenue has been
received as detailed
below.
GENERAL FUND REVENUE
EXPLAINED
The total CY YTD Actual Revenue is slightly
less than PY Actual due to the $4.9M ARPA
Federal Funds received for lost revenue
related to the pandemic. The reduction to
Cannabis Tax also decreased the transfer in
amount compared to PY YTD.
The total CY YTD Actual Expenditures
exceeded PY Actual by approximately $15M,
and was $14.5M lower than CY budget.
The increased costs in CY are related to
Public Works and Capital Improvement
Projects in various stages of acquisition,
development, or construction during FY
2022/23.
Fire Services for FY 2022/23 increased
dramatically compared to PY. They were
also slightly higher than budget resulting
from County labor negotiations with Cal-
Fire. Staff anticipates this trend to continue
as milestones are reached within the labor
contract, as well as when the new fire station
begins to operate.
GENERAL FUNDSUMMARY
Page 209 of 570
Monthly Financial Report
June 2023
CITY OF PALM DESERT
Page 2
Timing of expenditures vary throughout the
fiscal year.
Interfund Transfers Out are related to
programs and/or projects that may be funded
by the General Fund such as the Aquatic
Facility, Fire Services, Turf Rebates, Discover
Palm Desert, etc.
EXPENDITURES TO DATE
GENERAL FUND EXPENDITURES
This summary report is derived from
detailed financial information generated by
the City’s Finance Department. If you have
questions or would like additional
information on this report, please contact
the Finance Department via email at
vchavez@palmdesert.gov
PERFORMANCE SUMMARY
Page 210 of 570
Monthly Financial Report
August 2023
CITY OF PALM DESERT
OVERVIEW
This report summarizes the City’s
financial performance for the
month ending August 31, 2023.
Financial analysis for this report is
provided for the General Fund
REVENUES TO DATE
As of August 31, 2023,
approximately $1.75M
or 2% of the General
Fund operating budget
revenue has been
received as detailed
below.
GENERAL FUND REVENUE
EXPLAINED
The first half of every fiscal year presents a
negative cash flow picture as our primary
revenue sources ramp up for the year for the
following reasons:
Property Tax is received in January/June.
Sales Tax is generally highest in Q4 and Q1.
Transient Occupancy Tax is also at its peak
in Q4 and Q1, as those times are considered
“season” for the desert. CY YTD Actual
reflects a slight decrease compared to PY
Actual and CY Budget. This is on trend with
current economic forecasts.
Budgets are approved as an annual total, so
for the purpose of this report YTD Budget is
calculated by percentage of PY YTD Actual.
General Govt costs include annual insurance
premiums in CY YTD. PY Actual was higher
due to adjustments from the Class and
Comp Study and COLA’s.
Expenditure variances may result from
timing differences in billing.
GENERAL FUNDSUMMARY
Page 211 of 570
Monthly Financial Report
August 2023
CITY OF PALM DESERT
Page 2
Timing of expenditures vary throughout the
fiscal year.
General Government costs include insurance,
internal departments costs, homelessness
services, audit and contributions.
EXPENDITURES TO DATE
GENERAL FUND EXPENDITURES
This summary report is derived from
detailed financial information generated by
the City’s Finance Department. If you have
questions or would like additional
information on this report, please contact
the Finance Department via email at
vchavez@palmdesert.gov
PERFORMANCE SUMMARY
Page 212 of 570
City of Palm Desert
Parkview Office Complex
Income Statement
for month and fiscal year to date
June 30, 2023
Fiscal year 2022-2023
June-23 June-23 #%YTD YTD #%
Budget Actual Variance Variance Budget Actual Variance Variance
Revenues*
Rental 62,500$ 111,681$ 49,181$ 178.69%750,000$ 981,637$ 231,637$ 130.88%
Total Revenues 62,500$ 111,681$ 49,181$ 178.69%750,000$ 981,637$ 231,637$ 130.88%
Expenses**
Tenant Improvements [1]11,422$ -$ (11,422)$ 0.00%137,060$ 14,950$ 122,110$ 10.91%
Repairs & Maintenance- Building 2,500$ 18,515$ 16,015$ 740.62%30,000$ 52,568$ (22,568)$ 175.23%
Repairs & Maintenance- Streets 1,667$ 376$ (1,291)$ 22.55%20,000$ 2,255$ 17,745$ 11.28%
Repairs & Maintenance- Other Equip 1,667$ -$ (1,667)$ 0.00%20,000$ -$ 20,000$ 0.00%
CAM Janitorial Services 13,740$ 9,783$ (3,957)$ 71.20%137,400$ 165,429$ (28,029)$ 120.40%
CAM Landscaping Services 2,642$ 4,600$ 1,958$ 174.13%26,417$ 25,300$ 1,117$ 95.77%
CAM Alarm 315$ -$ (315)$ 0.00%3,150$ 4,133$ (983)$ 131.21%
CAM Pest Control 171$ 341$ 171$ 0.00%1,705$ 2,046$ (341)$ 120.00%
CAM Utilities-Gas/Electric [2]1,175$ 6,839$ 5,664$ 582.07%79,100$ 83,200$ (4,100)$ 105.18%
CAM Utilities-Waste Disposal 820$ 1,154$ 334$ 140.69%8,200$ 9,323$ (1,123)$ 113.70%
CAM Utilities-Water 400$ 993$ 593$ 248.32%4,000$ 4,316$ (316)$ 107.90%
CAM Utilities-Telephone 750$ 1,006$ 256$ 134.17%7,500$ 6,276$ 1,224$ 83.68%
Total Expenses 37,267$ 43,608$ (6,341)$ 117.01%474,532$ 369,797$ 104,735$ 77.93%
Operating Income 25,233$ 68,073$ 42,841$ 269.78%275,468$ 611,841$ 336,372$ 222.11%
Equipment Replacement Reserve [3]-$ -$ -$ 0.00%-$ -$ -$ 0.00%
Net Income 25,233$ 68,073$ 42,841$ >100%275,468$ 611,841$ 336,372$ >100%
[1] Tenant improvements are completed at various times throughout the year.
[2] YTD overage in gas/electric covered by additional revenue received from rent increases at new lease signing.
[3] Funds are recorded to the equipment replacement reserve at yearend after the calculation of depreciation.
CAM charges are broken out for Finance Committee reporting purposes, but are all budgeted as "Common Area Maintenance." Budget overages in CAM line
items are often offset by budget savings in other CAM line items.
Note: This schedule does not include rents received into this enterprise fund for other City-owned buildings
**Above expenses include only operational budgets. An additional $1,497,600 and $300,000 are set aside in FY22/23 for capital improvements and transfers, respectively.
PARKVIEW FY23 Fin Committee WkshtReport Jun 2023 Page 1Page 213 of 570
City of Palm Desert
Parkview Office Complex
Income Statement
for month and fiscal year to date
August 31, 2023
Fiscal year 2023-2024
August-23 August-23 #%YTD YTD #%
Budget Actual Variance Variance Budget Actual Variance Variance
Revenues*
Rental 62,500$ 109,168$ 46,668$ 174.67%125,000$ 216,452$ 91,452$ 173.16%
Total Revenues 62,500$ 109,168$ 46,668$ 174.67%125,000$ 216,452$ 91,452$ 173.16%
Expenses**
Tenant Improvements 10,833$ -$ (10,833)$ 0.00%130,000$ -$ 130,000$ 0.00%
Repairs & Maintenance- Building 2,500$ -$ (2,500)$ 0.00%30,000$ -$ 30,000$ 0.00%
Repairs & Maintenance- Streets 1,667$ -$ (1,667)$ 0.00%20,000$ -$ 20,000$ 0.00%
Repairs & Maintenance- Other Equip 1,667$ -$ (1,667)$ 0.00%20,000$ -$ 20,000$ 0.00%
CAM Janitorial Services 13,740$ -$ (13,740)$ 0.00%137,400$ -$ 137,400$ 0.00%
CAM Landscaping Services 2,642$ -$ (2,642)$ 0.00%26,417$ -$ 26,417$ 0.00%
CAM Alarm 315$ -$ (315)$ 0.00%3,150$ -$ 3,150$ 0.00%
CAM Pest Control 171$ -$ (171)$ 0.00%1,705$ -$ 1,705$ 0.00%
CAM Utilities-Gas/Electric [1]1,175$ 11,027$ 9,852$ 938.45%114,100$ 11,027$ 103,073$ 9.66%
CAM Utilities-Waste Disposal 820$ 834$ 14$ 101.66%8,200$ 1,667$ 6,533$ 20.33%
CAM Utilities-Water 400$ 251$ (149)$ 62.66%4,000$ 251$ 3,749$ 6.27%
CAM Utilities-Telephone 750$ 513$ (237)$ 68.44%7,500$ 513$ 6,987$ 6.84%
Total Expenses 36,679$ 12,624$ 24,054$ 34.42%502,472$ 13,458$ 489,014$ 2.68%
Operating Income 25,821$ 96,544$ 70,723$ 373.89%(377,472)$ 202,994$ 580,465$ -53.78%
Equipment Replacement Reserve -$ -$ -$ 0.00%-$ -$ -$ 0.00%
Net Income 25,821$ 96,544$ 70,723$ >100%(377,472)$ 202,994$ 580,465$ >100%
[1] Increase in electric bill due to Summer weather; amount paid includes July's billing.
CAM charges are broken out for Finance Committee reporting purposes, but are all budgeted as "Common Area Maintenance." Budget overages in CAM line
items are often offset by budget savings in other CAM line items.
Note: This schedule does not include rents received into this enterprise fund for other City-owned buildings
*Revenues do not include interest income, which is allocated at fiscal year-end. Several updated lease documents were approved by Council over the November-January
timeframe, which is expected to lead to increased revenues in the second half of the fiscal year.
PARKVIEW FY23-24 Finance Committee WkshtReport Aug 2023 Page 1Page 214 of 570
City of Palm Desert
Parkview Office Complex
Vacancy Rate Schedule by Suite
August 31, 2023
Rentable Square Feet:46,207
Square Feet Occupied:31,330
% Occupied:68%
% Vacant:32%
Suite No.Tenant Square Ft.
10-110 Advantec 1,250
10-113 Lift to Rise 720
10-117 Lift to Rise 1,227
10-120 State of California 1,000
10-123 Lift to Rise 758
10-126 ACT for Multiple Sclerosis 928
10-129 Congressman Ken Calvert 41st District 875
10-132 Anser Advisory 1,345
10-138 Golden Construction 488
10-201 State of California 766
10-212 State of California 1,104
10-220 Lift to Rise 1,240
20-100 State of California 15,233
20-102 State of California 4,396
Total Occupied Suites 31,330 sq/ft
Suite No.Tenant Square Ft.
10-101 Vacant 1,319
10-104 Vacant 1,380
10-118 Vacant -
10-135 Vacant 1,800
10-141 Vacant 421
10-209 Vacant 3,040
10-215 Vacant 5,833
10-219 Vacant 1,084
Total Vacant Suites 14,877 sq/ft
Vacancy Rate Summary
Occupied Suites
Vacant Suites
Page 215 of 570
Page 216 of 570
Desert Willow Golf Resort
Standard Summary Income Statement MTD- June 2023
For the Twelve Months Ending June 30, 2023
MTD Revised % of MTD % of
Actual Budget Forecast Prior Year PY
REVENUES
Green Fees & Cart Fees 482,607 407,847 118%384,761 125%
Merchandise 60,539 49,663 122%48,689 124%
Other Pro Shop 15,751 12,900 122%12,900 122%
Range 2,800 1,735 161%1,735 161%
Food & Beverage 328,742 214,414 153%204,204 161%
Academy Merchandise 4,174 4,059 103%4,059 103%
Other Academy 13,429 14,207 95%14,207 95%
Other G&A Income 2,429 13,083 19%13,083 19%
---------------------------------------------------------------------------------------------------------------------------
TOTAL REVENUE 910,470 717,908 127%683,638 133%
---------------------------------------------------------------------------------------------------------------------------
COST OF SALES
Merchandise 28,418 24,831 114%22,230 128%
Academy 3,200 3,166 101%2,735 117%
Food & Beverage 74,051 72,901 102%59,418 125%
---------------------------------------------------------------------------------------------------------------------------
TOTAL COGS 105,668 100,898 105%84,383 125%
---------------------------------------------------------------------------------------------------------------------------
COGS - Merchandise %46.9%50.0%94%45.7%102.8%
COGS - Academy %76.7%78.0%98%67.4%113.7%
COGS - F&B %25.4%34.0%75%33.2%76.4%
PAYROLL
Course and Grounds 193,608 209,089 93%190,081 102%
Carts, Range, Starters, Etc.49,864 47,157 106%42,870 116%
Food and Beverage 242,705 196,960 123%175,857 138%
Pro Shop 70,352 69,713 101%63,375 111%
Clubhouse Services 18,951 18,030 105%16,391 116%
Academy 20,180 17,828 113%16,207 125%
General and Administrative 62,755 63,728 98%61,277 102%
Marketing 41,382 41,821 99%38,724 107%
---------------------------------------------------------------------------------------------------------------------------
TOTAL PAYROLL 699,796 664,326 105%604,781 116%
---------------------------------------------------------------------------------------------------------------------------
OPERATING EXPENSES
Course and Grounds 156,871 177,948 88%161,771 97%
Carts, Range, Starters, Etc.4,832 14,920 32%11,243 43%
Food and Beverage 55,590 46,974 118%44,737 124%
Pro Shop 9,698 25,483 38%6,599 147%
Clubhouse Services 55,133 74,863 74%41,292 134%
Academy 1,695 4,893 35%1,895 89%
General and Administrative 66,866 37,061 180%33,090 202%
Marketing 9,853 9,593 103%5,535 178%
---------------------------------------------------------------------------------------------------------------------------
TOTAL OPERATING EXPENSES 360,537 391,734 92%306,162 118%
---------------------------------------------------------------------------------------------------------------------------
TOTAL EXPENSES 1,166,002 1,156,958 101%995,326 117%
---------------------------------------------------------------------------------------------------------------------------
EBITDA (255,532)(439,050)58%(311,688)82%
------------------------------------------------------------------------------------------------------------FINANCE COMMITTEE FINANCIAL JUNE 2023 Page 217 of 570
Desert Willow Golf Resort MTD- June 2023
Standard Summary Income Statement
For the Twelve Months Ending June 30, 2023
MTD Revised % of MTD % of
Actual Budget Forecast Prior Year PY
EBITDA (255,532)(439,050)58%(311,688)82%
---------------------------------------------------------------------------------------------------------------------------
MANAGEMENT FEES (221,667)(221,667)100%(236,383)94%
---------------------------------------------------------------------------------------------------------------------------
FINANCING ACITIVITY
Interest Expense - Debt (20,972)(3,000)699%21,997 -95%
Interest Expense - Leases (7,437)(4,519)165%(2,162)344%
Interest Income 18,683 30 62278%2,091 894%
---------------------------------------------------------------------------------------------------------------------------
TOTAL FINANCING ACTIVITY (9,726)(7,489)130%21,926 -44%
---------------------------------------------------------------------------------------------------------------------------
OTHER INCOME (EXPENSE)
Non-Operating Revenue 137,917 25,200 5.47 25,200 547%
Facility Rent (8,000)(8,000)100%(8,000)100%
Depreciation & Amortization (147,213)(92,710)159%(95,722)154%
Taxes (1,045)21 -4865%810 -129%
---------------------------------------------------------------------------------------------------------------------------
TOTAL OTHER INCOME (EXPENSE)(18,342)(75,489)24%(77,711)24%
---------------------------------------------------------------------------------------------------------------------------
NET INCOME (505,265)(743,694)68%(603,857)84%
========================================================================
Paid Rounds 8,583 3,498 245%6,879 125%
Other Rounds 388 61 637%196 198%
Total Rounds 8,971 3,559 252%7,075 127%
Revenue/Paid Rounds 106 75 141%99 107%
Revenue/Total Rounds 101 74 138%97 105%
Green Fees / Cart Fees per Paid Rounds 56 42 134%56 101%
Green Fees / Cart Fees per Total Rounds 54 41 130%54 99%
F&B Revenue/Total Rounds 37 21 173%29 127%
Merchandise Revenue/Total Rounds 8 9 92%9 93%
FINANCE COMMITTEE FINANCIAL JUNE 2023 Page 218 of 570
Desert Willow Golf Resort
Standard Summary Income Statement YTD JUNE 2023
For the Twelve Months Ending June 30, 2023
YTD Revised % of YTD % of Forecast Rolling
Actual Budget Forecast Prior Year PY Budget 12 Months
REVENUES
Green Fees & Cart Fees 9,950,274 9,870,914 101%9,060,713 110%9,870,914 9,950,274
Merchandise 1,189,967 1,167,967 102%1,060,234 112%1,167,967 1,189,967
Other Pro Shop 489,034 478,841 102%482,003 101%478,841 489,034
Range 74,730 72,665 103%77,941 96%72,665 74,730
Food & Beverage 4,875,792 4,744,535 103%3,975,953 123%4,744,535 4,875,792
Academy Merchandise 90,049 85,296 106%64,932 139%85,296 90,049
Other Academy 365,365 356,923 102%323,023 113%356,923 365,365
Other G&A Income 44,230 49,772 89%37,621 118%49,772 44,230
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL REVENUE 17,079,440 16,826,914 102%15,082,421 113%16,826,914 17,079,440
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
COST OF SALES
Merchandise 657,772 637,864 103%535,124 123%637,864 657,772
Academy 67,646 68,151 99%48,281 140%68,151 67,646
Food & Beverage 1,342,255 1,375,820 98%1,135,836 118%1,375,820 1,342,255
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL COGS 2,067,673 2,081,835 99%1,719,241 120%2,081,835 2,067,673
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
COGS - Merchandise %55.3%54.6%101%50.5%109.5%54.6%653.3%
COGS - Academy %75.1%79.9%94%74.4%101.0%79.9%927.7%
COGS - F&B %30.7%29.0%106%31.5%97.4%29.0%390.4%
PAYROLL
Course and Grounds 2,194,666 2,209,889 99%1,965,215 112%2,209,889 2,194,666
Carts, Range, Starters, Etc.636,221 631,008 101%555,405 115%631,008 636,221
Food and Beverage 2,791,048 2,755,341 101%2,161,803 129%2,755,341 2,791,048
Pro Shop 683,412 676,522 101%630,480 108%676,522 683,412
Clubhouse Services 242,624 242,985 100%213,835 113%242,985 242,624
Academy 348,940 340,366 103%298,976 117%340,366 348,940
General and Administrative 552,579 561,038 98%563,015 98%561,038 552,579
Marketing 301,696 297,298 101%272,983 111%297,298 301,696
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL PAYROLL 7,751,186 7,714,446 100%6,661,711 116%7,714,446 7,751,186
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATING EXPENSES
Course and Grounds 1,942,987 1,865,714 104%1,751,891 111%1,865,714 1,942,987
Carts, Range, Starters, Etc.115,318 115,385 100%98,741 117%115,385 115,318
Food and Beverage 691,563 651,363 106%462,081 150%651,363 691,563
Pro Shop 92,893 102,337 91%55,104 169%102,337 92,893
Clubhouse Services 595,562 587,787 101%538,431 111%587,787 595,562
Academy 36,112 40,708 89%29,109 124%40,708 36,112
General and Administrative 698,417 685,293 102%585,483 119%685,293 698,417
Marketing 96,261 113,892 85%103,663 93%113,892 96,261
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL OPERATING EXPENSES 4,269,113 4,162,481 103%3,624,504 118%4,162,481 4,269,113
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL EXPENSES 14,087,972 13,958,762 101%12,005,456 117%13,958,762 14,087,972
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
EBITDA 2,991,468 2,868,152 104%3,076,966 97%2,868,152 2,991,468
--------------------------------------------------------------------------------------------------------------------------------------------------------
FINANCE COMMITTEE FINANCIAL JUNE 2023 Page 219 of 570
Desert Willow Golf Resort YTD JUNE 2023
Standard Summary Income Statement
For the Twelve Months Ending June 30, 2023
Revised
YTD Revised % of YTD % of Forecast Rolling
Actual Budget Forecast Prior Year PY Budget 12 Months
EBITDA 2,991,468 2,868,152 104%3,076,966 97%2,868,152 2,991,468
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MANAGEMENT FEES (459,578)(459,578)100%(465,550)99%( 459,578 ) (459,578)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FINANCING ACITIVITY
Interest Expense - Debt (54,025)(21,308)254%(22,550)240%( 21,308 ) (54,025)
Interest Expense - Leases (63,231)(54,435)116%(35,371)179%( 54,435 ) (63,231)
Interest Income 118,833 63,743 186%4,858 2446%63,743 118,833
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL FINANCING ACTIVITY 1,576 (12,000)-13%(53,064)-3%( 12,000 ) 1,576
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OTHER INCOME (EXPENSE)
Non-Operating Revenue 213,517 100,800 212%100,800 212%100,800 213,517
Facility Rent (96,000)(96,000)100%(96,000)100%( 96,000 ) (96,000)
Depreciation & Amortization (1,224,975)(1,124,697)109%(1,135,771)108%( 1,124,697 ) (1,224,975)
Taxes (27,227)(23,587)115%(25,471)107%( 23,587 ) (27,227)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL OTHER INCOME (EXPENSE)(1,134,686)(1,143,484)99%(1,156,442)98%( 1,143,484 ) (1,134,686)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCOME 1,398,781 1,253,090 112%1,401,911 100%1,253,090 1,398,781
Paid Rounds 96,417 93,602 103%95,843 101%93,602 96,417
Other Rounds 2,153 1,764 122%2,727 79%1,764 2,153
Total Rounds 98,570 95,366 103%98,570 100%95,366 98,570
Revenue/Paid Rounds 177 180 99%157 113%180 177
Revenue/Total Rounds 173 176 98%153 113%176 173
Green Fees / Cart Fees per Paid Rounds 103 105 98%95 109%105 103
Green Fees / Cart Fees per Total Rounds 101 104 98%92 110%104 101
F&B Revenue/Total Rounds 49 50 99%40 123%50 49
Merchandise Revenue/Total Rounds 16 16 99%14 112%16 16
FINANCE COMMITTEE FINANCIAL JUNE 2023 Page 220 of 570
Desert Willow Golf Resort
Standard Summary Income Statement MTD - August 2023
For the Two Months Ending August 31, 2023
MTD MTD % of MTD % of
Actual Budget Budget Prior Year PY
REVENUES
Green Fees & Cart Fees 211,546 212,484 100%208,529 101%
Merchandise 29,268 28,195 104%27,642 106%
Other Pro Shop 351,663 309,126 114%303,064 116%
Range 2,280 2,111 108%2,070 110%
Food & Beverage 145,655 124,419 117%121,680 120%
Academy Merchandise 1,205 863 140%846 142%
Other Academy 14,364 10,307 139%10,105 142%
Other G&A Income 8,811 4,000 220%4,000 220%
------------------------- ------------------------------------------------------------------------------------------------------------------
TOTAL REVENUE 764,791 691,506 111%677,937 113%
------------------------- ------------------------------------------------------------------------------------------------------------------
COST OF SALES
Merchandise 16,424 15,391 107%14,469 114%
Academy 1,025 673 152%610 168%
Food & Beverage 38,361 43,705 88%51,942 74%
------------------------- ------------------------------------------------------------------------------------------------------------------
TOTAL COGS 55,811 59,769 93%67,021 83%
------------------------- ------------------------------------------------------------------------------------------------------------------
COGS - Merchandise %56.1%54.6%102.8%52.3%107.2%
COGS - Academy %85.1%78.0%109.1%72.1%118.1%
COGS - F&B %29.3%39.8%73.6%49.1%59.6%
PAYROLL
Course and Grounds 176,939 183,657 96%186,645 95%
Carts, Range, Starters, Etc.41,189 38,670 107%39,463 104%
Food and Beverage 159,584 138,119 116%139,701 114%
Pro Shop 59,520 60,946 98%52,285 114%
Clubhouse Services 20,703 20,754 100%20,932 99%
Academy 9,903 7,994 124%6,960 142%
General and Administrative 45,560 46,070 99%44,438 103%
Marketing 17,915 17,371 103%16,604 108%
------------------------- ------------------------------------------------------------------------------------------------------------------
TOTAL PAYROLL 531,312 513,581 103%507,028 105%
------------------------- ------------------------------------------------------------------------------------------------------------------
OPERATING EXPENSES
Course and Grounds 99,583 133,171 75%128,237 78%
Carts, Range, Starters, Etc.4,703 5,481 86%5,883 80%
Food and Beverage 21,202 25,022 85%27,359 77%
Pro Shop 5,013 5,723 88%5,286 95%
Clubhouse Services 81,716 60,063 136%61,616 133%
Academy 2,336 2,959 79%3,631 64%
General and Administrative 49,582 45,183 110%49,648 100%
Marketing 9,892 12,880 77%6,862 144%
------------------------- ------------------------------------------------------------------------------------------------------------------
TOTAL OPERATING EXPENSES 274,027 290,482 94%288,523 95%
------------------------- ------------------------------------------------------------------------------------------------------------------
TOTAL EXPENSES 861,150 863,833 100%862,572 100%
------------------------- ------------------------------------------------------------------------------------------------------------------
EBITDA (96,359) (172,327)56%(184,635)52%
-------------------- --------------------------------------------------------------------------------------------------------
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 221 of 570
Desert Willow Golf Resort
Standard Summary Income Statement MTD - August 2023
For the Two Months Ending August 31, 2023
MTD MTD % of MTD % of
Actual Budget Budget Prior Year PY
EBITDA (96,359) (172,327)56%(184,635)52%
------------------------- ------------------------------------------------------------------------------------------------------------------
MANAGEMENT FEES (22,500)(21,667)104%(22,500)100%
------------------------- ------------------------------------------------------------------------------------------------------------------
FINANCING ACITIVITY
Interest Expense - Debt (3,333)(4,166)80%(2,927)114%
Interest Expense - Leases (7,141)(6,491)110%(272)2624%
Interest Income 19,589 4,420 443%4,367 449%
------------------------- ------------------------------------------------------------------------------------------------------------------
TOTAL FINANCING ACTIVITY 9,115 (6,237)-146%1,168 780%
------------------------- ------------------------------------------------------------------------------------------------------------------
OTHER INCOME (EXPENSE)
Non-Operating Revenue - - - - -
Facility Rent (8,000)(8,000)100%(8,000)100%
Depreciation & Amortization (120,955)(80,082)151%(95,722)126%
Taxes (12)(185)6%(2,550)0%
------------------------- ------------------------------------------------------------------------------------------------------------------
TOTAL OTHER INCOME (EXPENSE)(128,967)(88,267)146%(106,272)121%
------------------------- ------------------------------------------------------------------------------------------------------------------
NET INCOME (238,710) (288,497)83%(312,238)76%
============== ================================================================
Paid Rounds 3,622 3,788 96%3,826 95%
Other Rounds 346 338 102%340 102%
Total Rounds 3,968 4,126 96%4,166 95%
Revenue/Paid Rounds 211 183 116%177 119%
Revenue/Total Rounds 193 168 115%163 118%
Green Fees / Cart Fees per Paid Rounds 58 56 104%55 107%
Green Fees / Cart Fees per Total Rounds 53 51 104%50 107%
F&B Revenue/Total Rounds 37 30 122%29 126%
Merchandise Revenue/Total Rounds 11 9 118%9 121%
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 222 of 570
Desert Willow Golf Resort
Standard Summary Income Statement YTD - August 2023
For the Two Months Ending August 31, 2023
YTD YTD % of YTD % of Annual Rolling
Actual Budget Budget Prior Year PY Budget 12 Months
REVENUES
Green Fees & Cart Fees 456,657 527,662 87%519,582 88%9,689,934 9,887,349
Merchandise 60,237 66,356 91%65,055 93%1,024,999 1,185,149
Other Pro Shop 358,190 317,045 113%310,829 115%443,753 536,395
Range 4,300 4,406 98%4,320 100%74,571 74,710
Food & Beverage 251,383 233,973 107%229,312 110%4,542,220 4,897,863
Academy Merchandise 2,131 4,841 44%4,746 45%34,548 87,434
Other Academy 21,691 15,616 139%15,310 142%332,820 371,747
Other G&A Income 8,811 4,000 220%4,000 220%40,529 49,041
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
TOTAL REVENUE 1,163,400 1,173,899 99%1,153,152 101%16,183,376 17,089,688
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
COST OF SALES
Merchandise 32,686 36,154 90%34,373 95%560,213 656,085
Academy 1,887 3,776 50%3,614 52%26,948 65,920
Food & Beverage 78,161 86,993 90%89,496 87%1,444,466 1,330,920
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
TOTAL COGS 112,734 126,923 89%127,482 88%2,031,627 2,052,925
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
COGS - Merchandise %54.3%54.5%99.6%52.8%102.7%54.7%656.3%
COGS - Academy %88.6%78.0%113.5%76.1%116.3%78.0%956.7%
COGS - F&B %34.0%40.6%83.8%43.5%78.2%34.3%373.3%
PAYROLL
Course and Grounds 341,693 367,314 93%363,478 94%2,249,711 2,172,881
Carts, Range, Starters, Etc.85,022 77,340 110%81,358 105%636,724 639,885
Food and Beverage 308,120 278,690 111%269,169 114%2,643,163 2,829,999
Pro Shop 112,317 112,454 100%100,694 112%709,181 695,035
Clubhouse Services 39,062 41,507 94%41,657 94%249,025 240,029
Academy 16,779 18,023 93%17,201 98%318,591 348,518
General and Administrative 88,090 92,140 96%89,847 98%583,258 550,822
Marketing 34,480 35,075 98%34,740 99%283,449 301,436
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
TOTAL PAYROLL 1,025,563 1,022,543 100%998,145 103%7,673,101 7,778,604
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
OPERATING EXPENSES
Course and Grounds 249,881 273,283 91%263,184 95%1,910,494 1,929,684
Carts, Range, Starters, Etc.8,373 11,329 74%11,742 71%101,317 111,949
Food and Beverage 38,081 46,095 83%51,926 73%522,637 677,717
Pro Shop 12,491 8,581 146%7,414 168%97,499 97,970
Clubhouse Services 164,667 125,975 131%124,153 133%603,338 636,076
Academy 5,631 6,332 89%6,717 84%32,457 35,026
General and Administrative 90,291 80,561 112%76,742 118%666,237 711,967
Marketing 13,266 20,681 64%12,852 103%163,985 96,676
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
TOTAL OPERATING EXPENSES 582,681 572,837 102%554,730 105%4,097,964 4,297,064
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
TOTAL EXPENSES 1,720,978 1,722,303 100%1,680,358 102%13,802,692 14,128,592
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
EBITDA (557,577) (548,404)102%(527,205)106%2,380,684 2,961,096
-------------------- ---------------------------------------------------------------------------------------------------------------------------- --------------------
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 223 of 570
Desert Willow Golf Resort
Standard Summary Income Statement YTD - August 2023
For the Two Months Ending August 31, 2023
YTD YTD % of YTD % of Annual Rolling
Actual Budget Budget Prior Year PY Budget 12 Months
EBITDA (557,577) (548,404)102%(527,205)106%2,380,684 2,961,096
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
MANAGEMENT FEES (45,000) (43,333)104%(44,167)102%(460,000) (460,411)
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
FINANCING ACITIVITY
Interest Expense - Debt (6,667)(8,332)80%(5,597)119%(50,000) (55,095)
Interest Expense - Leases (14,431) (13,116)110%(2,300)627%(70,594) (75,362)
Interest Income 39,240 8,840 444%7,480 525%53,040 150,593
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
TOTAL FINANCING ACTIVITY 18,143 (12,608)-144%(417)-4349%(67,554)20,136
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
OTHER INCOME (EXPENSE)
Non-Operating Revenue - - - - - 101,100 213,517
Facility Rent (16,000) (16,000)100%(16,000)100%(96,000) (96,000)
Depreciation & Amortization (241,910) (160,164)151%(191,443)126%(1,095,273) (1,275,442)
Taxes (32)(234)13%(2,590)1%(22,856) (24,669)
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
TOTAL OTHER INCOME (EXPENSE)(257,941) (176,398)146%(210,033)123%(1,113,029) (1,182,594)
------------------------- ------------------------------------------------------------------------------------------------------------------------------------------- -------------------------
NET INCOME (842,376) (780,743)108%(781,822)108%740,101 1,338,227
============== ============================================================================== ==============
Paid Rounds 7,753 9,532 81%9,628 81%91,224 94,652
Other Rounds 586 487 120%490 120%2,169 2,133
Total Rounds 8,339 10,019 83%10,118 82%93,393 96,785
Revenue/Paid Rounds 185 123 150%120 154%177 2,119
Revenue/Total Rounds 180 117 154%114 158%173 2,069
Green Fees / Cart Fees per Paid Rounds 108 55 195%54 200%106 1,176
Green Fees / Cart Fees per Total Rounds 106 53 201%51 206%104 1,150
F&B Revenue/Total Rounds 1 23 4%23 4%0 9
Merchandise Revenue/Total Rounds 13 8 154%8 159%11 143
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 224 of 570
2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024
OPERATIONAL INCOME STATEMENT Actuals Actuals Actuals Actuals Actuals Estimated
Beginning Cash Balance 3,327,774 3,596,022 2,374,599 3,817,067 4,911,680 7,074,899
REVENUES
Green Fees & Cart Fees 7,080,240 5,582,594 7,481,139 9,060,713 9,950,274 9,689,934
Merchandise 809,498 713,947 785,205 1,060,234 1,189,967 1,024,999
Other Pro Shop 501,340 517,703 491,579 482,003 489,034 443,753
Range 43,827 35,476 67,454 77,941 74,730 74,571
Food & Beverage 2,869,768 2,216,719 2,181,902 3,975,953 4,875,792 4,542,220
Academy Merchandise 92,285 76,911 77,263 64,932 90,049 34,548
Other Academy 216,465 173,351 268,967 323,023 365,365 332,820
Other G&A Income 24,542 28,722 14,504 37,621 44,230 40,529
Transfer in from GF - - - - -
TOTAL REVENUE 11,637,965 9,345,423 11,368,013 15,082,421 17,079,440 16,183,376
EXPENDITURES
Cost of Good Sold 1,355,396 1,121,263 1,200,530 1,719,241 2,067,673 2,031,627
Payroll 5,264,339 5,171,186 5,410,712 6,661,711 7,736,206 7,673,101
Operating Expenses 3,086,672 2,954,736 2,918,415 3,624,504 4,251,906 4,097,964
Equipment/Leases 636,885 450,384 469,030 988,548 670,162 867,083
Other Expense 609,758 513,878 557,776 518,614 604,061 603,450
Loan Repayment from City ($1M still outstanding)- - - 500,000 500,000 500,000
Capital Improvement Plan
Firecliff Golf Course Renovation - - - - - 3,500,000
Annual DWGR Capital Replacement Expenditures 658,476 271,100 459,151 414,346 687,227 515,500
Annual Perimeter & DW Drive Expenditures 142,881 182,157 187,417 190,454 195,855 1,500,000
Total CIP 801,357 453,257 646,568 604,801 883,082 5,515,500
TOTAL EXPENDITURES 11,754,407 10,664,704 11,203,031 14,617,418 16,713,090 21,288,725
Net Surplus/(Deficit)(116,442) (1,319,281) 164,982 465,003 366,350 (5,105,349)
Transfer in from Capital Reserve 657,435 367,697 577,065 464,767 883,082 5,000,000
Accrual to Cash Basis Adjustment (272,745) (269,839) 700,421 164,843 913,787
OPERATIONS RESERVE PLAN/ANALYSIS
Ending DW Cash Balance/Reserve 3,596,022 2,374,599 3,817,067 4,911,680 7,074,899 6,969,550
Restricted for Outstanding Operational Loan 2,000,000 2,000,000 2,000,000 1,500,000 1,000,000 1,000,000
90 Day Operations Reserve 2,738,262 2,552,862 2,639,116 3,378,154 3,832,502 3,818,306
Reserve Surplus/(Deficit) *(1,142,240) (2,178,263) (822,049) 33,525 2,242,397 2,151,244
* - Risk to General Fund
*CIP Reserve is currently fully funded by Amenity Fee from TimeShares/Capital Reserve Fund Balance is held by the City.
Desert Willow Golf Resort
Budget and Cash Flow Analysis
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 225 of 570
DWGR
Round Mix Analysis
For the Month Ended August 31, 2023
Rounds Dollars
Category 2023/2024 %Budget %Variance 2022/2023 %Variance 2023/2024 %Budget %Variance 2022/2023 %Variance
Public Rack 1,367 38%1,218 32%149 1,230 32%137 90,378$ 43%80,298 38%10,080$ 78,724$ 38%11,654$
Residents 610 17%536 14%74 541 14%69 28,600$ 14%22,914 11%5,686$ 22,465$ 11%6,135$
Outings 295 8%448 12%(153) 453 12%(158) 18,102$ 9%28,988 14%(10,886)$ 28,420$ 14%(10,318)$
Wholesale 503 14%708 19%(205) 715 19%(212) 34,647$ 16%42,618$ 20%(7,971)$ 41,782$ 20%(7,135)$
Loyalty/Special 847 23%878 23%(31) 887 23%(40) 38,469$ 18%37,294$ 18%1,175$ 36,563$ 18%1,906$
Total 3,622 3,788 (166) 3,826 (204) 210,196$ 212,113$ (1,917)$ 207,954$ 2,242$
-4%-5%-1%1%
Comp/Employee 346 338 8 340 6 -$ -$ -$ -$
Total 3,968 4,126 (158) 4,166 (198) 210,196$ 212,113$ (1,917)$ 207,954$ 2,242$
2023/2024 Budget 2022/2023
Public Rack 66$ 66$ 64$
Residents 47$ 43$ 42$
Outings 61$ 65$ 63$
Wholesale 69$ 60$ 58$
Loyalty/Special 45$ 42$ 41$
Total 58.03$ 56.00$ 54.35$
Average Dollars per Round
G:\Finance\Derek White\My Documents\Analytics\ADR Analysis Monthly Reports\2023-2024\ADR analysis 23-24
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 226 of 570
DWGR
Round Mix Analysis
For the Two Months Ending August 31, 2023
Rounds Dollars
Category 2023/2024 %Budget %Variance 2022/2023 %Variance 2023/2024 %Budget %Variance 2022/2023 %Variance
Public Rack 2,676 35%2,822 30%(146) 2,850 30%(174) 172,134$ 38%191,067$ 36%(18,933)$ 187,321$ 36%(15,187)$
Residents 1,157 15%1,163 12%(6) 1,175 12%(18) 51,950$ 12%50,235 10%1,715$ 49,250$ 10%2,700$
Outings 1,106 14%1,345 14%(239) 1,359 14%(253) 75,672$ 17%84,218 16%(8,546)$ 82,567$ 16%(6,895)$
Wholesale 1,063 14%1,989 21%(926) 2,009 21%(946) 70,092 16%108,454$ 21%(38,362) 106,327 21%(36,235)
Loyalty/Special 1,751 23%2,213 23%(462) 2,235 23%(484) 78,409$ 17%92,786$ 18%(14,377)$ 90,967$ 18%(12,558)$
Total 7,753 9,532 (1,779) 9,628 (1,875) 448,257$ 526,761$ (78,504)$ 516,432$ (68,175)$
-19%-19%-15%-13%
Comp/Employee 586 487 99 490 96 -$ -$ -$ -$
Total 8,339 10,019 (1,680) 10,118 (1,779) 448,257$ 526,761$ (78,504)$ 516,432$ (68,175)$
2023/2024 Budget 2022/2023
Public Rack 64$ 68$ 66$
Residents 45$ 43$ 42$
Outings 68$ 63$ 61$
Wholesale 66$ 55$ 53$
Loyalty/Special 45$ 42$ 41$
Total 57.82$ 55.26$ 53.64$
Average Dollars per Round
G:\Finance\Derek White\My Documents\Analytics\ADR Analysis Monthly Reports\2023-2024\ADR analysis 23-24
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 227 of 570
Desert Willow/PDRFC
Statement of Cash Flows-Combined
Indirect Method Reconciliation
8/31/2023
Cash Flows from Operating Activities
Net Income (Loss)(842,376)
Adjustments to reconcile net loss to
net cash provided by operating activities
Depreciation & Amortization expense 241,910
Bad Debt expense -
Gain on disposal of assets -
(Increase) Decrease in assets
Accounts Receivable 107,858
Due from Employees -
Inventories (4,534)
Prepaid expenses (145,273)
Increase (Decrease) in liabilities
Accounts Payable 218,455
Accrued Liabilities (320,588)
Deferred Revenue 92,076
Interest -
Due to Affiliates 16,000.00
205,904
Net cash flows from operating activities (636,472)
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 228 of 570
Desert Willow/PDRFC
Statement of Cash Flows-Combined
Direct Method
8/31/2023
Cash Flows from Operating Activities
Cash Received From Customers 1,775,256
Interest Received 39,240
Other Operating Cash Receipts 0
Cash Paid to Suppliers and Employees (2,429,839)
Interest Paid (21,098)
Taxes Paid (32)
Net cash flows from operating activities (636,473)
Cash Flows from Investing Activities
Contributed Capital -
Purchases of Property and Equipment (561,500)
Proceeds from sale of Property and Equipment -
Net cash flows from investing activities (561,500)
Cash Flows from Financing Activities
Loan proceeds-KSM/CITY -
Principal payments (142,984)
Net cash flows from financing activities (142,984)
Net change in cash (1,340,957)
Cash at beginning of period 7,074,899
Cash at end of period 5,733,942
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 229 of 570
DWGR
F&B Revenue Analysis
Year-to-Date Revenue Analysis
8/31/2023
Dining Analysis
2023.2024 2022.2023 Variance %
Dining Covers 3,721 4,725 (1,004) -21%
Dining Revenue 104,419$ 111,526$ (7,107) -6%
Dining - Ave Check 28.06$ 23.60$ 4.46$ 19%
Catering Analysis
2023.2024 2022.2023 Variance %
Catering Covers 919 1,231 (312)$ -25%
Catering Revenue 93,545$ 78,540$ 15,005$ 19%
Catering Ave Check 101.79$ 63.80$ 37.99$ 60%
Outlet Analysis
2023.2024 2022.2023 Variance %
Outlet Rounds 8,333 10,118 (1,785)$ -18%
Outlet Revenue 44,777$ 31,115$ 13,662$ 44%
Outing Ave Check 5.37$ 3.08$ 2.30$ 75%
Total F&B Revenue 242,741$ 221,181$ 21,560$ 10%
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 230 of 570
2023.2024 July August
Dining Covers 1,976 1,745
Catering Covers 374 545
2,350 2,290
Dining Revenue 53,982$ 50,437$
Catering Revenue 26,330$ 67,215$
80,312$ 117,652$
Dining - Ave Check 27.32$ 28.90$
Catering - Ave Check 70.40$ 123.33$
Outlet Revenue 22,744$ 22,032$
Rounds 4,371 3,962
$'s per Round 5.20$ 5.56$
2022.2023
Dining Covers 2,493 2,232
Catering Covers 609 622
3,102 2,854
Dining Revenue 58,206$ 53,320$
Catering Revenue 27,779$ 50,761$
85,985$ 104,081$
Dining - Ave Check 23.35$ 23.89$
Catering - Ave Check 45.61$ 81.61$
Outlet Revenue 18,415$ 12,700$
Rounds 5,952 4,166
$'s per Round 3.09$ 3.05$
PDRFC COVER ANALYSIS
FINANCE COMMITTEE MEETING FINANCIAL REPORT Page 231 of 570
Page 232 of 570
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Veronica Chavez, Director of Finance
Martin Alvarez, Director of Public Works
Jess Culpeper, Director of Capital Projects
REQUEST: TROPICAL STORM HILARY RECOVERY UPDATE
RECOMMENDATION:
Receive and file update on the August 2023 Weather Event Storm Recovery and
Redevelopment.
BACKGROUND/ANALYSIS:
On August 20, 2023, Tropical Storm Hillary wreaked havoc on the Coachella Valley. An
emergency declaration was immediately put in place within the City of Palm Desert. Under the
direction of the City Manager, staff took immediate action to procure needed services to protect
life and property as authorized by the emergency declaration. City staff worked tirelessly to
ensure the community endured minimal impact. Part of that work included engaging various
vendors to provide necessary supplies and services in support of emergency operations, in
addition to costs anticipated to be incurred as a result of the response to the weather event.
On September 14, 2023, the City Council approved an appropriation of $1,765,000 to cover the
initial emergency response, as well as any immediate anticipated recovery costs. The City
Council later approved a $2,000,000 appropriation on September 28th for costs associated with
the Mid Valley Channel, as it relates to this recovery effort. Moving forward, City staff will be
providing updates in order to facilitate expeditious response to provide an efficient recovery, as
well as prepare for future storms by redeveloping and shoring up infrastructure weaknesses
identified as a result of Hillary. Below is the most recent update relative to this effort:
Description General
Disaster
Freedom
Park
Spanish
Walk
Combined
Total
Mid Valley
Channel
September Appropriations $1,146,455 $317,651 $300,894 $1,765,000 $2,000,000
Invoices to date $311,313 $17,651 $150,894 $479,858 $0.00
Balance Remaining $835,142 $300,000 $150,000 $1,285,142 $2,000,000
Anticipated Costs $632,846 $300,000 $150,000 $1,082,846 $2,000,000
Balance Remaining $202,296 0 0 $202,296 0
Legal Review:
This report has been reviewed by the City Attorney’s office.
Page 233 of 570
City of Palm Desert
Tropical Storm Hillary Recovery Update
Page 2 of 2
FINANCIAL IMPACT:
At this time, City staff believes the appropriations in place are sufficient to cover immediate costs.
As studies are completed and infrastructure identified as necessary components to storm
recovery and/or preparedness, additional appropriations may be necessary. 20% of the 2023-
24 Budgeted General Fund Revenues ($15,110,893) have been reserved and set aside for this
purpose. Additional monies are identified in both the Facilities Reserve $19M (infrastructure,
parks, etc.) and CIP Reserve $14M categories and may be used at C ity Council’s direction, for
this purpose.
Page 234 of 570
Page 1 of 3
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Veronica Chavez, Director of Finance
Jessica Gonzales, Housing Manager
REQUEST: AWARD OF CONTRACT FOR AFFORDABLE HOUSING COMPLIANCE
AND PROPERTY MANAGEMENT SERVICES TO FALKENBERG/
GILLIAM and ASSOCIATES, INC., FOR A FIVE-YEAR TERM, WITH AN
INITIAL ANNUAL COST FOR CALENDAR YEAR 2024 IN AN AMOUNT
NOT TO EXCEED $655,032
RECOMMENDATION:
1. Approve the award of contract for Affordable Housing Compliance and Property Management
Services for the Authority-owned Properties to Falkenberg/Gilliam and Associates, Inc., for
a five (5) year term, with an initial cost for calendar year 2024 in an amount not to exceed
$655,032 with prescribed allowable increases for subsequent years as noted in the contract.
2. Authorize staff to finalize a contract (also referred to as the “Agreement”) with Falkenberg
Gilliam & Associates, Inc., consistent with the terms of the RFP with non-substantive
modifications concurred upon by the Executive Director and legal counsel.
3. Authorize an appropriation in the amount of $13,368 from the Housing Authority’s
Unobligated Fund Balance to the appropriate professional service accounts.
4. Authorize the Chairperson to execute the Agreement and the Executive Director to execute
any documents necessary to facilitate the contract award and implementation.
BACKGROUND/ANALYSIS:
A Request for Proposals (“RFP”) for qualified licensed firm s for affordable housing compliance
and property management services (“Services”) for the fifteen (15) income-restricted properties
(collectively, the “Properties”) owned by the Palm Desert Housing Authority (the “Authority”) was
posted on July 28, 2023 to the City of Palm Desert’s (“City”) online bid management provider
(“OpenGov Procurement”) available on the City’s website. Concurrently, a “Notice Inviting
Proposals” was published in the Desert Sun newspaper on July 28, 2023.
On August 29, 2023, at 3:00 p.m., the following proposals were received:
Staff performed an extensive due diligence review of the two (2) proposals submitted. An
evaluation of the proposals was performed by six (6) individual City staff members from different
FIRM CORPORATE OFFICE
Falkenberg/Gilliam and Associates, Inc. Pasadena, CA
Sterling Asset Management Company Fairfield, CA
Page 235 of 570
Palm Desert Housing Authority
Award of Contract to Falkenberg/Gilliam & Associates, Inc.
Page 2 of 3
departments independently reviewing each firm’s qualifications and whether their respective
proposed services met the evaluation criteria set forth in the RFP.
Unanimously, based on the written and interview responses Falkenberg/Gilliam and Associates,
Inc. (“FGA”) were deemed most qualified with very thorough and conci se responses while
Sterling Asset Management Company (“Sterling”) failed to provide complete, clear, and direct
responses. Sterling also did not meet some of the RFP evaluation criteria. The evaluating panel
recommended an award of contract to FGA.
FGA Proposal:
FGA currently manages approximately 1,791 apartment units throughout Southern California,
all of which are affordable units. Furthermore, FGA has over fifty (50) years of experience in this
industry, and has experience as a property management company for affordable rental
properties.
The proposed Agreement with FGA is for an initial five (5) year term with extension options as
noted in the Agreement. Prior to the termination date of the term, the Agreement requires the
parties to enter good faith negotiations to enter into a new agreement, with the ability to extend
the current Agreement while those negotiations are ongoing (if needed). The scope of services
for this Agreement consists of the day-to-day operation of fifteen (15) affordable housing
properties. Services will include, but not be limited to: compliance with affordable housing rules
and requirements; responding to residents' concerns and complaints; enforcement of house
rules and regulations; application of fair housing laws and enforcement of the Housing
Authority’s Administrative Policies and Procedures; qualifying applicants and tenants annually
for income certification; conducting credit, rental, employment, and criminal background checks;
all leasing activities; monitoring day-to-day maintenance of properties and maintenance
contracts; performing property and unit inspections; collecting and disbursing funds; providing
monthly accounting reports that include receipts and expenditures; an nual financial
reporting/filings; occupancy reportin g; and administration of funds. The Agreement can be
terminated for unsatisfactory performance upon a 90-day written notice by either party; in
addition, the Housing Authority may terminate for convenience with 180 days written notice.
The Agreement management fee in the case of occupied units shall be in the amount of $49.00
per unit per month, to be increased three percent (3%) biannually commencing on January 1,
2026, and every other January 1st thereafter for the remainder of the term of the Agreement.
Staff therefore recommends approval of award of contract for Affordable Housing Compliance
and Property Management Services for the Authority Owned Properties to FGA in an amount
not to exceed $655,032 for calendar year 2024, with prescribed allowable increases for
subsequent years as noted in the contract.
Legal Review:
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Palm Desert Housing Authority
Award of Contract to Falkenberg/Gilliam & Associates, Inc.
Page 3 of 3
This report has been reviewed by the City Attorney’s office and special counsel, Richards Watson
and Gershon.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on October 11,
2023. Upon request, a verbal report will be provided at the Authority’s regular meeting on
October 12, 2023.
FINANCIAL IMPACT:
The fiscal impact is the annual Agreement amount for Affordable Housing Compliance and
Property Management Services. Funds have been included in Housing Authority FY 2023/24
Approved Budget in the appropriate Authority accounts for each of the properties. An additional
$13,368 amount is being requested to be allocated to each of the property budgets for the
anticipated management service fee increase. There is no financial impact to the General Fund
from this action.
ATTACHMENTS:
1. Request for Proposal, dated July 28, 2023
2. FGA Proposal, dated August 29, 2023
3. DRAFT Management Services Agreement
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REQUEST FOR PROPOSAL
2023-RFP-205
AFFORDABLE HOUSING COMPLIANCE AND PROPERTY
MANAGEMENT SERVICES
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RELEASE DATE: July 28, 2023
DEADLINE FOR QUESTIONS: August 14, 2023
RESPONSE DEADLINE: August 29, 2023, 3:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/cityofpalmdesert
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City of Palm Desert
REQUEST FOR PROPOSAL
Affordable Housing Compliance and Property Management Services
I. Summary and Background ....................................................................
II. Board and Administrative Personnel .....................................................
III. Notice Inviting Proposals ......................................................................
IV. Requests for Clarification ......................................................................
V. General Terms ......................................................................................
VI. Term of Contract ...................................................................................
VII. Qualifications and Experience ...............................................................
VIII. Content and Format of Proposal ...........................................................
IX. Evaluation Criteria ................................................................................
X. Selection Process ..................................................................................
XI. Protests.................................................................................................
XII. Submittal Requirements .......................................................................
XIII. RFP Conditions ......................................................................................
XIV. General Conditions ...............................................................................
XV. Scope of Services ..................................................................................
Attachments:
A - Palm Desert Housing Authority Properties
B - Cost Proposal
C - Supplemental Questions
D - Property Management Services Agreement
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1. SUMMARY AND BACKGROUND
1.1. Summary
The Palm Desert Housing Authority (“Authority”) is requesting proposals from qualified property
management firms ("Firms") for comprehensive Affordable Housing Compliance and Property
Management Services (“Services”) to establish a Property Management Services Agreement
("Agreement") for its income restricted properties portfolio. Note: the use of the term "Firm" throughout
this Request for Proposal ("RFP") may be interchangeably used with "Respondent", "Proposer", "Entity".
"Organization", etc., and shall all mean the same.
Respondent(s) shall have extensive knowledge and experience with affordable housing compliance as well
as strong property management experience in affordable and income restricted housing and must have
managed at least 800 affordable rental housing units at one time during the last three (3) years.
Respondent (s) must have familiarity with the Coachella Valley and area property
management. Respondent(s) must also have strong knowledge and experience with the Housing
Authority of the County of Riverside Section 8 Housing Choice Voucher (HCV) program and HOME
Investment Partnership Program. Managing of affordable housing units includes but is not limited to day-
to-day operations; compliance with affordable housing rules and requirements; respond to residents'
concerns and complaints, enforcement of house rules and regulations, application of fair housing laws
and enforcement of the Authority’s Administrative Policies and Procedures, qualifying applicants and
tenants annually for income certification; conducting credit, rental, employment, and criminal
background checks, all leasing activities; monitor day-to-day maintenance of Properties, any maintenance
contracts, perform property and unit inspections; perform maintenance and repairs; collect and disburse
funds; provide monthly accounting reports that include receipts and expenditures; annual financial
reporting/filings; occupancy reporting; and administration of funds (“Services”). See Scope of Services.
This Request for Proposal (“RFP”) has the following objectives:
• Establish a comprehensive solicitation for Services at the Palm Desert Housing Authority
affordable income restricted rental Properties.
• Achieve high-quality, cost-effective Services.
• Detail expectations for Services at the Properties.
• Determine the qualifications of the respondents to manage all aspects of the Authority’s
affordable rental housing.
If an award is made, the Authority will award all work to a single Respondent. Respondent’s must
demonstrate the potential to increase their management portfolio. Additional types of properties may
be added to the successful Respondent’s scope of work subsequent to award.
1.2. Background
The Authority is a public body, corporate and politic, established to provide affordable, decent, safe, and
sanitary housing within the City of Palm Desert under the former Palm Desert Redevelopment Agency
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("former Agency"). The Authority is a housing successor entity resulting from the elimination of the
Community Redevelopment Agencies in 2012.
The Authority owns 1,114 affordable housing units located at fifteen (15) rental properties ("Properties")
in residential areas throughout the City of Palm Desert ("City"). Units consist of studios, one bedroom,
and two bedrooms ranging from approximately 410 square feet to 800 square feet in size (Attachment A).
The Authority Properties have been acquired or rehabilitated with funding sources that require adherence
to certain income restrictions, regulations pertaining to rental operations and ongoing property
management. The se funds include the HOME Investment Partnership Program and Housing Set-Aside
funds. In addition, to these Properties, others may be added to the portfolio in the future or current
Properties may be deleted due to ownership changes or development plans.
The Authority Property rents are subsidized based on the Area Median Income ("AMI") for Riverside
County. The 2023 AMI published by the California Department Housing of Community Development
(HCD) can be found online at the Authority's website, www.pdhousingauthority.org . The Properties have
income restricted units that range from 20% AMI to 120% AMI, with respective rents ranging from $276
to $1,751. The current operating budget anticipates $9,294,000 in annual rental income. Average
monthly rent, for all Properties, is $695.
The property management company that may be awarded a contract from this RFP is expected to
transition to operational control of the Properties as early as January 1, 2024.
1.3. Contact Information
Celina Cabrera
Management Analyst
Email: ccabrera@cityofpalmdesert.org
Phone: (760) 776-6449
Department:
Economic Development
1.4. Timeline
The dates below are the timeline of events for this RFP. The Authority retains the sole discretion to adjust
the timeline of events without prior notice or responsibility to Proposer(s). Nothing set forth herein shall
be deemed to bind the Authority to award a contract for the Services and the Authority reserves the right
to amend, cancel or modify any part of or all of this RFP at any time.
Release of Request for Proposal July 28, 2023
Last Day to Submit Questions for Clarification August 14, 2023, 5:00pm
Clarifications Issued by City on or before August 17, 2023, 5:00pm
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Deadline for Receipt of Proposals submitted on
or before
August 29, 2023, 3:00pm
2. BOARD AND ADMINISTRATIVE PERSONNEL
The powers of the Authority are vested in the five City of Palm Desert City Council Member's who
appointed themselves as the Palm Desert Housing Authority Board ("Authority Board"). The legal
authority in creating guiding legislation regarding the Properties is vested in the Authority Board.
The Authority Board has also appointed a seven (7) member citizen's Housing Commission that includes
two (2) appointed representatives from the Properties that serve in an advisory capacity to the Authority
Board.
The City of Palm Desert City Manager is the Housing Authority Executive Director. The Executive Director
is responsible for the implementation and administration of policies adopted by the Authority Board with
the assistance of the Housing Manager.
Under no circumstances may a Firm intending to submit a proposal to this RFP contact any member of the
Housing Authority Board, Housing Commissioners, or any Housing Authority/City staff member other than
the Housing Authority personnel contact. Failure to comply with this request may result in disqualification
All questions should be in writing as noted in Section 4.
3. NOTICE INVITING PROPOSALS
3.1. NOTICE
RFP No.: 2023-RFP-205
Project Title: Affordable Housing Compliance and Property Management Services
Project No. (if applicable): N/A
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the Palm Desert Housing Authority
(“Authority”) electronically through the City of Palm Desert’s ("City") online bid management provider
(“OpenGov Procurement”), until 3:00 pm, Tuesday, August 29, 2023. Proposals may not be submitted by
fax, email, telephone, mail, hand delivery, or other means; any proposals received through any means
other than OpenGov Procurement will be returned to the proposer unopened.
The Authority is requesting proposals to provide: The Palm Desert Housing Authority is soliciting proposals
from qualified property management firms to enter into an Agreement for comprehensive Affordable
Housing Compliance and Property Management Services for its income restricted rental properties
portfolio.
The award of this contract is subject to available budget adequate to carry out the provisions of the
proposed Agreement including the identified scope of work. The Authority reserves the right to reject any
or all proposals determined not to be in the best interest of the Authority.
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The Palm Desert Housing Authority is committed to inclusion and diversity and welcomes proposals and
bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without
regard to disability, gender identity, sexual orientation, or immigration status. The Authority condemns
and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or
outside of our community.
3.2. SCOPE OF SERVICES
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Section 15,
Scope of Services, incorporated herein by this reference. Notwithstanding the inclusion of such Services
in the Scope of Services Section, the final scope of Services negotiated between Authority and the
successful Proposer shall be set forth in the Property Management Services Agreement (“Agreement”)
executed by and between the Authority and the successful Proposer. A sample copy of the Agreement is
attached and incorporated herein by this reference.
3.3. REGISTRATION
Interested proposers may register as vendors and download the Request for Proposals (“RFP”). To
register, visit the City's electronic bidding website, OpenGov Procurement, and proceed to "Subscribe" as
a vendor with the Authority to receive new project notifications. Interested proposers may "Follow" the
RFP to view and/or download the RFP details, receive addenda alerts and notices, and draft and submit a
response.
3.4. PRE-PROPOSAL MEETING
For this RFP, there is no pre-proposal meeting. All prospective Proposers are encouraged to inspect all
Properties. Failure to inspect the Properties on the part of the Proposer shall not relieve the Proposer of
any responsibility for adherence to any of the provisions of this RFP.
4. REQUESTS FOR CLARIFICATION
All questions, requests for interpretations or clarifications, either administrative or technical must be
requested in writing VIA THE "Q&A" tab through the Authority’s online bid management provider
(“OpenGov-Procurement”).
All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted
through OpenGov-Procurement. Oral statements regarding this RFP by any persons should be considered
unverified information unless confirmed in writing. To ensure a response, questions must be received in
writing by 5:00 pm (local time) on Monday, August 14, 2023.
5. GENERAL TERMS
1. The Authority Reserves the Right to:
a. Select one, or none of the Respondent proposals.
b. To defer selection of any Respondent to a time of the Authority's choosing.
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c. Request additional information or clarifications from any Respondent, or to allow
corrections of errors or omissions.
d. Request an oral interview and brief presentation from any Respondent prior to final
selection.
i. Respondents chosen for an oral interview may be provided not less than five (5)
business days' notice, along with the date, time, and place for interviews.
ii. Expenses will be the responsibility of the Respondent.
e. Consider experience and qualifications information about listed individuals involved in
direct property management operations in addition to the information submitted in the
proposal, in any additional information requested, or interview.
f. Reject any and all proposals and waive any irregularities or to terminate the RFP process
at any time, if deemed by the Authority to be in its best interests.
g. Cancel this RFP at any time, for any reason, and without liability. Respondents assume
the sole risk and responsibility for all expenses connected with the preparation of
proposals.
h. Not to award a contract pursuant to this RFP and/or to extend its contract with its
existing property management service provider.
i. Award the contract at a time other than that stated in the timetable.
j. Modify duration of the contract or change the contract start and end dates.
2. Release of Information
a. The Authority will not release proposals submitted in response to this RFP during the
proposal evaluation process. All Proposals and evaluations will be made public when a
recommendation is made to the Housing Commission and/or the Authority Board
regarding this RFP.
3. Proprietary Information
a. All Proposals submitted in response to this RFP become the property of the Authority
and under the Public Records Act (Government Code §6250 et. seq) are public records,
and as such may be subject to public review.
b. Respondent is required to identify all proprietary information in its proposal that
Respondent wishes to remain confidential for trade secret or other proprietary
information.
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c. If Respondent fails to identify proprietary information, it agrees by submission of its
proposal that that it is nonproprietary and may be made available upon public request
after a contract award.
d. Note that under California law, price proposal to a public agency is not a trade secret.
6. TERM OF CONTRACT
A. The Authority intends to award a contract for Services as follows:
1. Term resulting from this RFP is a five (5) year base term, beginning January 1, 2024 and
expiring December 30, 2028.
2. Following the initial term, the Authority may opt to renew the contract two (2) additional
terms of three (3) years each term and expiring December 31, 2034.
a. Contract extension may be exercised contingent upon satisfactory performance and at
the sole discretion of the Authority.
7. QUALIFICATIONS AND EXPERIENCE
Only proposals from responsible organizations engaged in the performance of property management
services of affordable housing communities will be considered.
Proposals must clearly demonstrate:
A. Competency in performing comparable on-site Services,
B. Prior experience with the management of affordable income restricted rental residential
properties,
C. Financial resources sufficient to provide Services, and
D. Personnel adequate to manage Property.
Respondent(s) must meet the following minimum criteria for qualifications and experience:
A. At least ten (10) years' experience in managing rent restricted properties as evidenced by:
1. A description of the firm including year of establishment, size of firm, number of employees,
longevity of staff and any applicable partnerships; and
2. At least one principal with ten (10) years' experience in providing affordable housing
compliance and property management services for a minimum of 800 affordable rental
housing units at one time during the last three (3) years; and
3. Experience managing properties operated and regulated under rental subsidy assistance
programs or projects where tenants are eligible for such programs and certification of
prospective and current tenants is performed by onsite property management staff; and
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4. Qualified staff as evidenced by resumes and position descriptions of senior management
members who would be assigned to oversee the project; and
5. Capacity to increase portfolio while maintaining quality and responsive service; and
6. Experience with high-quality property management financial tracking and reporting, and an
array of financing requirements including the Authority’s purchasing policy, Housing Set-
Aside, tax exempt bond, tax credit partnerships, HCD, RHCP, CHFA, MHP and Federal
programs. Required reports include, but not limited to:
a. Monthly financial statements with budget vs. actual and explanation of material
variances.
b. Rental income accounts receivable and aging report
c. Accounts payable
d. Copies of bank statement and bank reconciliations
e. Vacancies and collections
f. Move-in / move-out reports.
g. Cash flow report
h. Waiting lists
i. Listing of all vendor contracts; including expenditures, licenses, insurance certifications
and expiration dates
j. Affordable compliance due dates for the year
k. Monthly maintenance and preventative maintenance report
7. Possess a California valid real estate broker's license and any/all license necessary to
conduct this type of services and work to be performed.
8. CONTENT AND FORMAT OF PROPOSAL
8.1. Required Contents*
In order to maintain uniformity with all proposals submitted, proposals must include all of the following
information. Proposal content, completeness, clarity and conciseness are essential and will be considered
when assessing the proposer’s capabilities. Failure to complete and submit any of the information
requested in this RFP with the Proposal response may render the Proposal non-responsive and may not
be considered for award.
A. Cover Letter
1. Letter that serves as an executive summary of the proposal limited to no more than two (2)
pages. The letter should include an overview of the firm including qualifications and
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organizational strengths, the firm’s understanding of the work to be performed, and why
the firm believes it to be the best qualified to perform the services requested.
B. Qualifications and Related Experience
1. A description of the company's relevant affordable housing compliance and property
management experience including the location, size, funding program operated, duration of
properties managed and a description of the role of management.
C. Service Approach
1. Describe the technical and management approach to providing the Services as outlined in
the Scope of Services.
2. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for
timely provision of the Services.
3. Provide a sample Management Plan, including a clear and concise description of the
proposed property management program consisting of maintenance control, quality
assurance, and tenant relations activities. The Plan should provide quality control for the
property performance including but not limited to regular review of files, review of data
discrepancies, review of compliance, work orders, etc.
4. Provide a proposed pro forma budget for expected property operations income and
expenses, including proposed per unit, per month, management fee.
5. In reviewing the Scope of Services described herein, the Proposer may identify additional
necessary tasks along with a discussion of its proposed method to accomplish the work.
D. Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services as well as your
firm’s capacity to provide additional personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the
Authority. Indicate the role, qualifications, office location, and responsibility of each
individual. Designate who would provide day to day direction of the required work and
become the Authority's primary contact person.
3. Team Organization: Describe proposed team organization, including identification and
responsibilities of key personnel. Identify the appropriate annual salaries and benefits for
each position.
4. Resumes: Provide experience and resumes of proposed personnel who will be assigned to
this contract. Include an organizational chart.
5. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and
identify the subcontractor that is anticipated to perform each function.
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E. References
1. Provide a minimum of two (2) references, which the Firm has performed affordable housing
compliance and property management services for similar types of properties as required by
this RFP, during the past three (3) years.
2. It is preferable that references be with other municipalities or government entities.
3. Include references only where your company was tasked with qualifying low-income
households.
*Response required
8.2. Supplemental Questions*
Attachment C includes a list of supplemental questions Responders shall formulate responses to and
upload in this Section.
*Response required
8.3. Additional Information Outside of Proposal Requirements
Respondents may choose to provide additional materials beyond that which is requested. Upload
additional materials in this Section of the proposal.
8.4. Cost Proposal*
The gross revenue from the Properties fluctuates with changes in tenant incomes. Due to the
unpredictability of gross revenues, the Authority recognizes that it may be infeasible to base the
Proposer's management fee on a percentage of the gross revenues of the Properties. Consequently,
Proposers are asked to propose a flat monthly management fee for the Properties. Detail the breakdown
of your fee structure for Services. Include any flat fees, staffing costs, overhead and profit, and additional
applicable costs outside of operational management of the Properties.
See Attachment B. Complete and upload, with additional pages as necessary, reflecting your fee
structure.
*Response required
8.5. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Proposal, to certify the
following.
The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Proposer
has not directly or indirectly induced or solicited any other Proposer to put in a false or sham bid Proposal.
The Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or
anyone else to put in a sham Proposal, or to refrain from Proposing. The Proposer has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal
Price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal
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Price, or of that of any other Proposer. All statements contained in the Proposal are true. The Proposer
has not, directly or indirectly, submitted his or her Proposal 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 Proposal, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Proposer that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents that
he or she has full power to execute, and does execute, this declaration on behalf of the Proposer.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
☐ Please confirm
*Response required
8.6. Type of Business*
☐ C Corporation (if corporation, two signatures are required)
☐ S Corporation (if corporation, two signatures are required)
☐ Limited Liability C Corporation (if corporation, two signatures are required)
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required
8.7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of
Services in the last five (5) years (or type "N/A").
*Response required
8.8. Changes to Agreement*
The Authority's standard Property Management Services Agreement is included as an attachment herein.
The Proposer shall identify any objections to and/or request changes to the standard Agreement language
in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of
the redlined Language/Agreement with your Proposal. Changes requested may affect the Authority's
decision to enter into an Agreement.
*Response required
8.9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this
RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be
clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to
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carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions
therein (or type "N/A").
Maximum response length: 5000 characters
*Response required
8.10. Certification of Proposal: The undersigned hereby submits its proposal and,
by doing so, agrees to furnish services in accordance with the Request for
Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
☐ Please confirm
*Response required
8.11. Sample Documents*
Upload sample lease agreement with all addenda, sample certification forms, a typical monthly/annual
report, check lists, income worksheets, and tenant application.
*Response required
9. EVALUATION CRITERIA
Issuance of this RFP and receipt of proposals does not commit the Authority to award a contract. The
Authority expressly reserves the right to postpone RPF opening for its own convenience, to accept or
reject any or all proposals received in response to this RFP, to negotiate with more than one proposer
concurrently, to waive information and minor irregularities in any proposal received or to cancel all or
part of this RFP.
The Authority will evaluate proposals based on the following criteria:
No. Evaluation Criteria Scoring Method Weight (Points)
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1. Proposer's Qualifications
Including size of portfolio, number of
years firm has been in business,
amount, scope of services and length
of experience working with
affordable housing and specialized
compliance areas; years of
experience of key organizational
staff; familiarity with the Coachella
Valley and area properties; and
professional references provided
regarding current/past
performance. The Proposer must
meet the minimum.
Points Based 15
(15% of Total)
2. Proposer's Compliance Knowledge
Extensive knowledge and experience
with affordable housing compliance
regulations, the Housing Authority’s
purchasing policy, relocation
compliance, funding programs,
policies and procedures including but
not limited to qualifying applicants
and tenants annually for income
certification.
Points Based 15
(15% of Total)
3. Principal Manager Availability
Demonstration that the Firm's
Principal Manager will work closely
with Authority Staff. The Authority
expects Principal Manager to make
frequent site visits and communicate
often with site managers and
Authority.
Points Based 12
(12% of Total)
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4. Firm's Capacity
Management of at least 800
affordable rental restricted units at
one time during the last three (3)
years, which must include income
certification of prospective and
current residents by onsite property
management staff. Longevity of
staff, training programs provided for
staff, operating policies and
personnel procedures, financial
reporting and compliance
capabilities, accounting procedures,
and cost management/control
abilities, and procedures.
Points Based 10
(10% of Total)
5. Firm's Clarity and Approach
Proposal content, completeness,
clarity, and conciseness are
essential. These aspects may be
considered when assessing the
proposer's capabilities to deliver
clarity. Including those items listed
under 8(c).
Points Based 10
(10% of Total)
6. Maintenance Ability
Demonstration of experience
managing maintenance
subcontracts. Knowledge and
experience of regular ongoing
repairs, cost controls, unit turn times,
response time, insurance repairs,
capital improvement/replacement
project planning process and related
maintenance procedures. Ability to
manage and oversee any
improvements or modifications
made to properties.
Points Based 10
(10% of Total)
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7. Good Standing of Firm
Have no outstanding or pending
complaints as determined through
the Better Business Bureau, State of
California Department of Consumer
Affairs, Fair Housing, local law
enforcement agencies, that have not
been disclosed as part of the
Proposal and have no unsatisfactory
record of performance with any
public agency. Provide overview of
any current or pending legal suits or
cases.
Points Based 10
(10% of Total)
8. Cost
Property Management firm may be
compensated based on the fee
structure presented in proposal
(the Authority reserves right to
negotiate and/or modify fee
structure).
Points Based 8
(8% of Total)
9. Demonstrated Understanding of
"Palm Desert's Quality"
Communication
strategies/procedures, tenant
outreach process, tenant dispute
resolution process, response to
tenant expectations, rules and
regulation enforcement procedures,
social service, and activities
development.
Points Based 5
(5% of Total)
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10. Firm's Location
Provide the location of the firm's
offices. What type of work is
performed at each location. How
accessible is Staff at these locations
to the Authority? Define the
organizational hierarchy of each
location.
Points Based 5
(5% of Total)
10. SELECTION PROCESS
The Authority staff will conduct an initial review of the minimum qualifications of each. At the sole
discretion of Authority, respondents who meet the minimum criteria for qualifications and experience
minimum will then be evaluated equally and objectively by Authority staff and/or representatives.
Proposals should clearly identify how each criterion is met. Evaluation of proposals to this RFQ/RFP will
be based on the information provided in the proposal and, if applicable, additional information requested,
interviews and reference responses.
The Authority reserves the right to request additional information or documentation from the proposer
regarding its submittal documents, personnel, financial viability, or other items in order to complete the
selection process.
If a responding proposer chooses to provide additional materials beyond those requested, those materials
should be included in a separate section of the proposal and clearly marked as additional information
outside of proposal requirements.
11. PROTESTS
11.1. Protest Contents
Protests based on the content of the Request for Proposal (RFP) shall be submitted to the office of the
City Clerk, 73-510 Fred Waring Drive, Palm Desert, CA 92260 no later than ten (10) calendar days prior to
the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended
pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that
the award was inconsistent with City policy, or this RFP is not in compliance with law. A protest must be
filed in writing with the City Clerk's office (email is not acceptable) within five (5) business days after
receipt of notification of the contract award. Any protest submitted after 5 pm of the fifth business day
after notification of the contract award will be rejected by the Authority as invalid and the Proposer’s
failure to timely file a protest will waive the Proposer’s right to protest the contract award. The Proposer’s
protest must include supporting documentation, legal authorities in support of the grounds for the protest
and the name, address and telephone number of the person representing the Proposer for purposes of
the protest. Any matters not set forth in the protest shall be deemed waived.
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11.2. Authority Review
The Authority will review and evaluate the basis of the protest provided the protest is filed in strict
conformity with the foregoing. The Authority shall provide the Proposer submitting the protest with a
written statement concurring with or denying the protest. Action by the Authority relative to the protest
will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this
section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure
to comply with these procedures will constitute a waiver of any right to further pursue the protest,
including filing a Government Code claim or legal proceedings.
12. SUBMITTAL REQUIREMENTS
12.1. General
It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow
the Authority to fully evaluate and compare the proposal. All requirements and questions in the RFP
should be addressed and all requested data shall be supplied. The Authority reserves the right to request
additional information which, in the Authority’s opinion, is necessary to assure that the Proposer’s
competence, number of qualified employees, business organization, and financial resources are adequate
to perform according to the Agreement.
12.2. Preparation
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of
capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer’s
demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are
not necessary or desired. However, technical literature that supports the approach to providing the
Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on
completeness, approach to the work and clarity of proposal.
12.3. Site Examination
Proposers may visit the Authority and its physical facilities to determine the local conditions which may in
any way affect the performance of the work; familiarize themselves with all federal, state and local laws,
ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations,
as it may deem necessary for performance of the Services at its proposal price within the terms of the
Agreement; and correlate its observations, investigations, and determinations with the requirements of
the Agreement.
12.4. Authorization
The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal
documents on behalf of the Proposer.
12.5. Confidentiality of Proposal
Proposals submitted in response to this RFP shall be held confidential by the Authority and shall not be
subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.)
until after either the Authority and the successful Proposer have completed negotiations and entered into
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an Agreement or the Authority has rejected all proposals. All correspondence with the Authority including
responses to this RFP will become the exclusive property of the Authority and will become public records
under the California Public Records Act. The Authority will have no liability to the Proposer or other party
as a result of any public disclosure of any proposal or the Agreement.
If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public
Records Act, the Proposer must mark it as such and state the specific provision in the California Public
Records Act which provides the exemption as well as the factual basis for claiming the exemption. For
example, if a Proposer submits trade secret information, the Proposer must plainly mark the information
as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides
the exemption as well as the factual basis for claiming the exemption. If a request is made for information
marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the Authority will
provide Proposers who submitted the information with reasonable notice to seek protection from
disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of
such notice to give the Authority written notice of Proposer's objection to the Authority's release of
Proprietary Information. Proposer shall indemnify, defend and hold harmless the Authority, and its
officers, directors, employees, and agents from and against all liability, loss, cost or expense (including
attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.
Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without
justification may be deemed unresponsive and disqualified from further participation in this RFP.
12.6. Submittal Instructions
The proposal must be received no later than 3:00 pm, on or before Tuesday, August 29, 2023 through the
City’s electronic bidding system, OpenGov Procurement. It is solely the responsibility of Proposer to see
that its proposal is properly submitted in #Content and Format of Proposal in proper form and prior to
the stated closing time. The City’s electronic bidding system will not accept late proposals. The Authority
will only consider proposals that have transmitted successfully and have been sent an email with a time
stamp from the City’s electronic bidding system indicating that the proposal was submitted successfully.
Proposers shall be solely responsible for informing themselves with respect to the proper utilization of
the City’s electronic bidding system, ensuring the capability of their computer system to upload the
required documents, and the stability of their internet service. Failure of the Proposer to successfully
submit an electronic proposal shall be at the Proposer’s sole risk, and no relief will be given for late and/or
improperly submitted proposals.
Proposers experiencing any technical difficulties with the proposal submission process may contact
OpenGov Procurement Support using the instant help chat function (located at the bottom right of the
screen while on the website) during business hours, or by emailing support@procurenow.com. Neither
the Authority nor OpenGov Procurement make any guarantee as to the timely availability of assistance or
assurance that any given problem will be resolved by the proposal submission date and/or time.
13. RFP CONDITIONS
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13.1. Americans with Disabilities Act
Proposer must comply with all applicable requirements of federal and state civil rights law and
rehabilitation statutes.
13.2. Equal Opportunity
The Authority requires Respondents to be an Equal Opportunity Employer and fully comply with all
government regulations regarding nondiscriminatory employment practices.
13.3. Law of the State of California
The resulting contract is subject to State of California law, whether substantive or procedural. Proposer
shall comply with all federal, state, county and local laws concerning this type of Services. Additionally,
the contract shall apply all statutory, charter and ordinance provisions applicable to public contracts
within the City of Palm Desert.
13.4. Labor Compliance
The selected Property Management Company shall be aware of the requirements of California Labor Code
sections 1720 et seq., 1770 et seq., and California Code of Regulations, Title 8, Section 16000 et seq.
(“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of
other requirements on applicable “public works” and “maintenance” projects. If applicable, the selected
Property Management Company shall fully comply with the Prevailing Wage Laws.
13.5. Permits and Licenses
The selected Property Management Company shall secure or maintain in force during the period
covered by any contract resulting from this RFP all licenses and permits required by law for the
operation of their business including when required.
13.6. Insurance Requirements
The selected Property Management Company will be required to carry insurance coverage meeting the
minimums detailed in standard Property Management Agreement as attached as an Attachment to this
RFP.
14. GENERAL CONDITIONS
14.1. Amendments to RFP/ Addendum
If it becomes necessary for the Authority to revise any part of this RFP, or to provide clarification or
additional information after the RFP documents are released, a written addendum will be posted on Open
Gov. The Authority reserves the right to amend the RFP or issue to all Proposers addenda to answer
questions for clarification.
14.2. Amendments to Proposals
Unless specifically requested by the Authority, no amendment, addendum or modification will be
accepted after a proposal has been submitted to Authority. If a change to a proposal that has been
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submitted is desired, the submitted proposal must be withdrawn and the replacement proposal
submitted prior to the deadline stated herein for receiving proposals.
14.3. Non-Responsive Proposals
A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of
form, additions not called for, or other irregularities that may constitute a material change to the proposal.
14.4. Costs for Preparing
The Authority will not compensate any Proposer for the cost of preparing any proposal, and all materials
submitted with a proposal shall become the property of the Authority. The Authority will retain all
proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.
14.5. Cancellation of RFP
The Authority reserves the right to cancel this RFP at any time prior to contract award without obligation
in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated
with this RFP.
14.6. Price Validity
Prices provided by Proposers in response to this RFP are valid for 180 days from the proposal due date.
The Authority intends to award the contract within this time but may request an extension from the
Proposers to hold pricing, until negotiations are complete, and the contract is awarded.
14.7. No Commitment to Award
Issuance of this RFP and receipt of proposals does not commit the Authority to award a contract. The
Authority expressly reserves the right to postpone the proposal for its own convenience, to accept or
reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer
concurrently, or to cancel all or part of this RFP.
14.8. Right to Negotiate and/or Reject Proposals
The Authority reserves the right to negotiate any price or provision, task order or service, accept any part
or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals,
whenever, in the sole opinion of the Authority, such action shall serve its best interests and those of the
tax-paying public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets
the Authority’s requirements.
14.9. Non-Discrimination
The Authority does not discriminate on the basis of race, color, national origin, religion, age, ancestry,
medical condition, disability or gender in consideration for an award of contract.
The Authority's commitment to diversity and inclusion can be found here.
15. SCOPE OF SERVICES
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15.1. The Authority's Expectations and Priorities
The Authority considers the continuous operations of its fifteen (15) income-restricted rental properties,
collectively known as "Properties," to have a direct influence on the residents' lives and well-being. The
chosen firm will be entrusted with the task of maintaining appropriate staffing levels to effectively address
tenant requirements while delivering the Scope of Services in a cost-effective manner. Proposals should
include the proposer's suggested property management and staffing plan to efficiently provide Services.
15.2. General Requirements of Services
Below is a general outline of the fundamental Services to be provided. Additionally, Services that are not
explicitly mentioned but are related to the listed items should be expected and taken into account.
The property management services to be provided will encompass, but not be limited to, the following:
• Property Management, Reporting, and Transition (if necessary)
• Leasing
• Marketing of Vacancies
• Rent Determination and Eligibility Certification
• Unit Inspections
• Operation and Maintenance
• Financial Management and Reporting
• Procurement Requirements
• Resident Management Relations
• Utilities and Services
• Employees
• Hazardous Materials
• Security
15.3. General Responsibilities
The selected Proposer will bear the responsibility for delivering the entire range of Services outlined in
this document. Throughout the execution of these responsibilities, the Proposer must adhere to all
relevant Federal, State, County, and Local laws.
The property management staff will be mandated to undergo thorough initial training, with additional
training sessions required every two years, starting from the commencement of the contract.
The chosen Proposer will be expected to:
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• Operate the property in line with widely accepted industry standards for companies providing
affordable housing compliance and property management services.
• Submit a monthly lease compliance report, encompassing all grievances and notices served to
residents, and the status of all legal actions related to the property.
• Complete any reports required by the Authority including those mandated by Local, County,
State, Federal
• Follow Authority's adopted Administrative Plan and provide statutory updates and recommend
revisions annually.
• Maintain a comprehensive system of records, books, and accounts following the directives and
retention policy of the Authority. This includes, but is not limited to, resident records,
maintenance records, resident applications, credit reports, leases, and work orders
o All records, books, and accounts are subject to examination by an authorized representative
of the Authority and/or a Regulatory Agency.
• Provide a written Building Operation Plan, outlining essential and preventive measures to
preserve and extend the lifespan of the structure and mechanical systems. The plan will
encompass, but not necessarily be limited to, the following components:
o A Preventative Maintenance Plan with a monthly schedule
o An assessment of necessary immediate and projected (two-year) capital improvements,
including cost estimates and identification of any required building alterations/modifications
to facilitate on-site operations
o An evaluation of safety, fire, and security concerns
o A specific assessment of the condition of system(s), elevators, and roofs
o Conduct annual management inspections of building systems, including roofing, fire,
heating, water, and electrical systems
o Provide monthly and annual reports on emergency and routine work orders, along with
their completion times for the property.
15.4. Tenant and Property Response Management
Daily operations of the Properties revolve around various crucial tasks including: managing the annual
operating budget, property marketing, payment of property expenses, tenant selection procedures,
tenant certification procedures and leasing (which includes executing, administering and enforcing the
terms all rental agreements, in compliance with federal, state and local laws), occupancy status,
compliance with affordable housing rules, routine maintenance, enforcement of house rules and
regulations, and enforcement of the Authority’s Administrative Policies and Procedures.
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Utilize the Authority's Administrative Plan, California Code of Regulations Title 25, the California
Department Housing of Community Development published income limits (Title 25, Section 6932), and
any other applicable affordable, rental standard policies and industry best practices for tenant selection,
qualifying, conducting backgrounds, leasing, rent re/assignment, rent collection, inspections,
recertification, renewals, and vacancy advertisement as needed.
The selected firm is expected to manage response to all daily needs of the tenants and property.
A. Focus on a customer service culture and serving the needs of tenants.
B. Provide accountability to the public.
C. Manage the Properties as self-sufficient individual entities on all day-to-day operation, leasing
and maintenance.
D. Manage and maintain Properties within the annual operating budget.
E. Apply operational policies and procedures in a uniform manner.
F. Ensure compliance with program requirements.
G. Communicate with tenants and Authority staff in a clear and concise manner.
H. Setup and prepare emergency response resources and an implementation plan.
I. Manage waiting list through semi-annual updates of prospective applicants in conformance with
Authority tenant selection policies.
J. Produce semi-annual reports detailing number of new applicants, number of dropped
applicants, and total for each waiting list.
K. Create, implement and supervise maintenance schedules and repairs.
L. Ensure independent contractor license status and insurance coverage.
15.5. Operations, Maintenance, and Capital Needs
Routine maintenance and capital replacement projects are vital to the ongoing success of the
Properties. The Authority prides itself on maintaining premier affordable housing communities. The
selected Proposer shall, at all times, maintain the property in a good, clean, habitable, and attractive
condition acceptable to the Authority. Repairs shall be performed as necessary, to ensure cost control
without sacrificing quality of services, and shall be budgeted as part of the operating expense of the
Property.
The selected Proposer shall:
A. Maintain and adhere to preventative maintenance, subject to any limitations imposed by the
Authority, including but not limited to:
1. All interior and exterior cleaning, painting, decorating, and carpentry.
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2. The periodic inspection, maintenance and repair of plumbing, heating, and ventilating
systems, stoves and refrigerators
3. The periodic inspection, maintenance of outdoor grounds and facilities
4. Any other routine maintenance and repair work that becomes necessary
B. Prepare a monthly report including a narrative summary of problem areas, steps or
recommendations to rectify, and a summary of maintenance activities.
C. Prepare vacant units for occupancy. Turn around for each vacant unit will be completed within
fifteen (15) business days from move out, unless there are extenuating circumstances (death,
major damage, etc)
1. At least 98% of the units at each site are to be market ready at all times.
2. Pre-occupancy inspections shall be completed for each unit with tenant identifying in
writing the condition of the unit at the time of occupancy.
D. Perform preventive maintenance of the Property to preserve the physical assets in accordance
with sound property management practices. Included among these responsibilities are
inspections of sidewalks, walkways, stairs, and paved areas to identify trip and other hazards
and remediate in a timely manner.
E. Systematically and promptly receive and investigate all service requests from tenants no later
than 10 calendar days. Take any necessary action and keep records of the action taken.
1. Complaints of a serious nature shall be reported to the Authority at the conclusion of an
investigation (i.e., death, crime, etc.)
F. Emergency repair requests shall be received and serviced immediately but no more than a 24-
hour basis. Emergency repair requests include, but not limited to: gas leaks, broken water lines,
toilet stoppage, electrical (exposed/frayed wires, electrical failure, etc.), burst water heater,
destruction of exterior door (door broken and unable to lock), broken window or window lock,
defective or omission smoke detectors, elevator failure, structural, main line stoppage, no water
G. Utilize a maintenance request/maintenance tracking system or software program that provides
quarterly reports to Authority staff detailing work orders received (date & time), completion
(date & time), and hours completed, or subcontractors used to complete work.
H. Oversight of replacements and repairs related to plumbing lines, lighting, curbs, sidewalks,
window coverings, paint, and unit appliances/fixtures (i.e., light bulb replacement, roof repairs,
stucco repair, etc.).
I. Participate in capital needs planning and budgeting.
J. Recommend process and material use improvements to extend the Properties
longevity while minimizing long-term cost impacts.
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K. Conduct annual assessment of available energy and water efficiency improvements that help to
identify future operating cost savings.
L. Training for staff and residents on fire, earthquake safety, and crime prevention shall be
conducted annually, or more frequently if determined to be reasonably necessary.
M. The following tests, at a minimum, should be conducted as follows:
1. Monthly: Fire alarm system test
2. Quarterly: Emergency power test
3. Semi-Annually: Smoke detector test
4. Annually: Fire drills
N. Coordinate and accompany inspectors from the Authority, the Authority's insurance carrier, and
other Authority authorized parties.
O. Obtain and maintain in full force and effect, all licenses and permits required by law for
operation and any services.
15.6. Financial Management and Accounting
Affordable housing properties routinely face long-term challenges with regards to financial sustainability.
The expectation of the property manager is to be proactive to improve financial sustainability of
operations. The Authority staff will work with the selected firm to develop annual operating and capital
improvement project (CIP) budgets. Property manager will be responsible for budget implementation.
The selected firm is expected to:
A. Provide monthly, quarterly, annual reports from a financial software package capable of
delivering accrual-based accounting reports.
B. Comply and assist with preparation of an annual fiscal audit focused on compliance with
Generally Accepted Accounting Procedures.
C. Implement proper internal controls for accounts receivable and payable, account reconciliation,
security deposits, records retention, electronic backup, and expenditures for services.
D. Act as the Authority’s fiscal agent for day-to-day operations while complying with the
Authority's Procurement Policy.
E. Work with the Authority staff to ensure the most efficient system of reporting.
15.7. Contracts and Procurement
A. Purchase materials, supplies, equipment, tools, and services that are necessary for the
operation and maintenance of the Property and maintain a current inventory of the
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same. The purchasing and procurement of goods and services must be done in accordance of
the Authority's procurement policy.
B. Procure consultants and specialty contractors as necessary, for special maintenance requiring
repair skills not usually possessed by regular maintenance employees.
C. Enter into contracts and oversee not-to-exceed contracts for Services including, but not limited
to: landscape maintenance, pest management, pool services, laundry, floor covering, courtesy
patrol, HVAC, custodial cleaning, other services such as electrical systems, trash removal, solar
system services, fire alarm and suppression systems, security gates, etc.
15.8. Regulatory Compliance
The Properties were developed by the former Redevelopment Agency using 20% housing set aside funds
with very limited outside funding sources. Properties are subject to restrictive requirements that require
the units be operated as affordable housing. The income levels for each property are very low (up to 50%
AMI), low (up to 80% AMI), and moderate (up to 120% AMI).
The Authority relies heavily on its property management firm to properly document all aspects of the
qualification of its income restricted residents, keep detailed records, and ensure compliance with
regulatory covenants. In order to confirm compliance with regulatory covenants, the Authority staff may
conduct the following routine procedures to monitor compliance by the selected property management
firm:
A. Perform annual random sample monitoring of income re/certification procedures, files, tenant
lease agreements, and rent roll records to review compliance with income certification
requirements.
B. Conduct semi-annual random audit of tenant files to review proper records retention for
verification of continued income eligibility, occupancy limits, vehicle registration and insurance,
etc.
C. Review the prospective tenant waiting list files for compliance with tenant selection policy,
applicant verification procedures, and waiting list noticing requirements.
15.9. Performance Indicators
The Authority staff may annually review management operations through a series of performance
indicators to be agreed upon as part of any contract awarded from the proposal received for this Request
for Proposal.
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Property Address Studio
1
Bedroom
2
Bedroom
Total
Units Amenities
1 California Villas 77-107 California Dr 0 140 1 141 Resident Service Building, Computer Room with Internet Access, Pool, Spa and Laundry Facility
2 Desert Pointe 43-805 Monterey Ave 34 24 6 64 Pool, Children’s Play Area, Laundry Facilities, and Assigned Covered Parking
3 Laguna Palm 73-875 Santa Rosa Way 4 18 26 48 Pool, Laundry Facility, and Community Courtyard
4 Neighbors 73-535 Santa Rosa Way 0 0 24 24 Pool, Laundry Facility, and Covered Parking
5 One Quail Place 72-600 Fred Waring Drive 0 156 228 384 Gated Community, 4 Pools, 4 Spas, 4 Tennis Courts, Basketball Courts, Tennis Courts, Community Courtyard with Picnic
Area, Children's Play Area, Resident Library, 4 Laundry Facilities, and Assigned Covered Parking
6 Palm Village 73-650 Santa Rosa Way 0 0 36 36 Laundry Facility and Covered Parking
7 Santa Rosa 73-625 Santa Rosa Way 0 0 20 20 Laundry Facility and Covered Parking
8 Taos Palms 44-830 Las Palmas Ave 0 0 16 16 Gated Community, Pool, and Laundry Facility
9 Candlewood 74-000 Shadow Mountain 2 26 4 32 Pool, Spa, Laundry Facility, Assigned Covered Parking, and Shared Community Room
10 Carlos Ortega Villas 77-915 Avenue of the States 0 72 1 73 Community Clubhouse, Computer Room with Internet Access, Pool with ADA Access, Laundry Facility, and Covered
Parking
11 Catalina Gardens 73-600A Catalina Way 48 24 0 72 Pool, Laundry Facility, Assigned Covered Parking, and Community Room
12 La Rocca Villas 42-135 Golden Eagle Lane 0 27 0 27 Laundry Facility, Resident Service Building, Assigned Covered Parking, Resident Service Building, ADA Accessiblity.
13 Las Serenas 73-315 Country Club Dr 0 150 0 150 Community Clubhouse, Computer Room with Internet Access, 3 Pools, 1 Spa, and Assigned Covered Parking.
14 Pueblos 73-695 Santa Rosa Way 0 15 0 15 Pool, Adjacent Community/Resident Services Building, Laundry Facility, and Assigned Covered Parking
15 Sage Crest Senior 73-811 Santa Rosa Way 0 14 0 14 Assigned Covered Carport Parking, Community Courtyard, and Elevator
Multi-Family Apartment Properties
Senior Apartment Properties
Palm Desert Housing Authority Properties
Attachment A
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A.
1.Dollar Per Unit $
2.Other Fees (Use additional sheet if necessary):$
3.$
4.$
5.$
6.$
7.$
8.$
B.
1.$
2.$
3.$
4.$
5.$
6.$
C.
Describe other costs and estimates.
1.$
2.$
3.$
4.$
5.$
6.$
I certify the fees listed are applicable up to 180 days from Proposal submittal.
Signature of Authorized Representative Date
Printed Name Date
Firm's Name
Cost
Cost
Provide the following fee structures to fulfill the Services outlined in this RFP. The proposed fee structure shall be valid for the initial proposed five
(5) year base agreement term. Include additional sheets if needed.
Cost Proposal
Management Fee calculation should be based off a flat fee rather than based on a percentage of the gross revenues of the Properties. Gross
revenues can fluctuate with changes of tenant incomes and occupancies. Respondents are asked to propose a flat monthly management fee for the
Properties.
List the types of Operational Costs that will be paid from the Properties operations (i.e. staffing, benefits, overhead, etc). Include detail of what is
included with the cost.
Cost
Description
Other Costs
Operationsal Costs
Description
Management Fee
Description
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Supplemental Questions
The following supplemental questions apply to the Proposer, predecessors' entity, any
related entity of the Proposer, or past known affiliated entity to Proposer.
Answer the following questions on a separate page. Number answers to correspond with
this form and upload as part of your response to the RFP. Questions, in some instances,
have additional questions to help formulate the response.
1. Describe specific experiences where the Firm worked directly with tenants to collect
income and other necessary information in order to certify tenants for affordable
housing programs. Include experience conforming to LIHTC, HOME, or other
compliance procedures.
a. Does the Firm currently have a portfolio that includes rental units in the City of
Palm Desert?
b. Is the certification of tenants performed by the on -site manager?
c. Approximately how many evictions do you process each year?
d. What percentage of past tenants has your firm evicted? (Describe number of
units that were evicted out of a total number of units)
2. Describe the Firm's experience managing properties which house special need
and/or elderly tenants.
3. Describe the Firm's experience with managing projects requiring relocation.
4. Describe how your entity ensures feedback from tenants on performance of the
overall entity's management of the property.
5. Describe what systems the Firm has in place that allows the Firm to provide
Services efficiently.
a. What are your office hours?
b. What is your availability after hours? What arrangements do you have in
place to handle emergencies?
c. Describe response time to phone calls, emails, or other correspondence.
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d. What types of regular communication can the Housing Authority expect to
receive from you?
6. Describe the Firm's experience managing properties which present security
conditions requiring interaction with law enforcement agencies.
7. Describe the Firm's rent collection procedure including how the Firm handles late
rent payments.
8. Describe the Firm's estimated time to submit standard leasing reports and complete
month end financial reports to the Housing Authority (i.e., financial reports will be
provided by the _____ day of the month following the month they are for.)
9. Do you use property management software for record-keeping purposes? What
types of records do you keep and what is your record retention policy?
10. Provide a description of the Firm's system for supervising ongoing maintenance,
responding to tenant complaints, tracking and completing repairs, and whether
repairs are conducted by Firm Staff or contracted out.
a. State the Firm’s response time, in day or hours, for:
i. Routine maintenance requests
ii. Estimated time to turn a rental unit that has had normal wear and tear
of previous tenant.
11. Describe the Firm’s procedure to respond to 24-hour emergency calls and the
amount of time it takes to respond to the call.
12. Describe how often property walks are conducted by the onsite manager. What are
the Firm’s procedures to maintaining records? Does the frequency of the property
walks change depending on property size?
Page 269 of 570
13. Describe the Firm’s experience, if any, intervening with one or more distressed
occupied properties and managing the property before, during, and after
rehabilitation. Include the unit count and occupancy status.
14. Provide any experience with state relocation requirements with any property
managed.
15. Provide any experience with public bidding for ‘Public Works’ type projects including
prevailing wage for recent work at any managed property.
16. Has your Firm ever failed to accept a contract award or to complete a contract
awarded to you? If yes, explain with details of the contract type, date, owner, and
reason.
17. Has your Firm ever surrendered a bid bond or a bid security? If yes, explain with
details of the contract type, date, owner, and reason.
18. Has your Firm ever had a contract terminated? If yes, explain with details of the
contract type, date, owner, and reason.
19. Within the past two (2) years, has your Firm, or predecessor Firm, received an
OSHA violation and/or non-compliance notice from any local municipality, state, or
federal agency? If yes, describe the situation, the type of notice received, and were
there any fines imposed.
Page 270 of 570
AGREEMENT FOR PROPERTY MANAGEMENT SERVICES
THIS AGREEMENT FOR PROPERTY MANAGEMENT SERVICES (this
“Agreement”) is made and entered into effective this _______________, by and between
the PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic having
a principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, (the
"Authority") and ________________________, a _________________, , having a
principal place of business at _________________________________________ (the
"Manager"). The Authority and the Manager may be referred to herein individually as a
"Party" and collectively as the "Parties."
RECITALS
A. The Authority is a public body, corporate and politic, designated to be the
operator (“Operator”) of those certain real properties described on Exhibit A attached
hereto and incorporated herein by this reference (the "Properties").
B.The Manager is engaged in the business of managing, maintaining, repairing,
operating and leasing apartment buildings, and has represented to the Authority that the
Manager is experienced and competent in said business.
C. The Authority and Manager desire to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual
and dependant covenants contained in this Agreement, the Parties agree as follows:
1. Effective Date. The effective date of this Agreement (the "Effective Date")
shall be January 1, 2024.
2. Appointment. The Authority hereby appoints Manager and Manager
accepts appointment as the manager of the Properties on the terms and conditions set
forth in this Agreement. The Parties acknowledge and agree that this Agreement is only
a Management Agreement between the Parties, that the Parties are not joint venturers or
partners, and that Manager shall not be deemed to be an employee of the Authority. The
Manager shall at all times be an independent contractor.
3. Professional Management Standards and the Administrative Plan.
(a)Manager agrees to exert its best efforts, to furnish the services of its
organization, and to exercise the highest degree of professional competence in managing
the Properties and to provide the Authority with the economic return consistent with
proper management under the guidelines provided by Authority for affordable housing.
(b) The Manager shall manage, maintain, repair, operate and lease the
Properties consistent with other multi-unit apartment complexes or similar type properties
in the surrounding vicinity with comparable facilities and amenities. Sample Page 271 of 570
(c) Notwithstanding the authority granted to Manager by this Agreement,
Manager agrees to abide by those standards and instructions that Authority may issue
from time to time in connection with the Administrative Plan (the “Administrative Plan”).
In the event of any inconsistency between this Agreement and the Administrative Plan,
this Agreement shall control. The Administrative Plan adopted by Resolution No. HA-100,
and any amendments thereto, include the statements of policies of the Authority for the
purpose of property operations.
(d) The Manager hereby covenants and agrees to use Manager's best
efforts to actively manage, maintain, repair, operate and lease the Properties at their
maximum potential, considering the Authority’s guidelines for affordable housing and the
Administrative Plan. Manager will provide copies of any procedural manuals created for
the purpose of implementing said Administrative Plan.
(e) The Manager shall be responsive to all tenant requests and concerns
in a timely manner and shall make its best efforts to satisfy tenant requests and concerns
at on-site offices. The Manager shall make its best efforts to notify Authority of tenant
requests and concerns which are likely to be expressed by a tenant directly to the
Authority. Manager shall establish policies in order to address tenant requests and
concerns and resolution in the event of a dispute in accordance with the Administrative
Plan.
(f) Each of the Properties having sixteen (16) or more units shall have
a member of Manager’s management staff that shall live on-site. The Housing Authority
shall not be responsible for furnishings, equipment, postage, utilities, telephone, or such
other ancillary costs of the on-site staff. The specific apartment shall be approved by the
Housing Authority prior to occupancy by staff. All other Properties having less than
sixteen (16) units shall have a caretaker that lives on-site. All Properties will have an
emergency contact available seven days a week, 24 hours a day.
4. Periodic Requirements
The Manager shall perform the following:
(a) Not less than once each week:
(i) A member of the Manager’s management staff will walk each
property in its entirety to identify any items of concern that may or may not be visible from
frequently traveled thoroughfare and prepare a detailed report of findings to be provided
to Authority monthly.
(ii) Inspect all mechanical and physical systems located on the
Properties and provide a report to Authority of said inspections monthly.
(b) Not less than once during every calendar month:
(i) Analyze the occupancy level of the Properties.
Sample Page 272 of 570
(ii) Analyze the financial condition of the Properties including,
without limitation, cash flow, income, expenses, and per unit average cost.
(iii) Provide Authority with a report regarding the status of
maintenance and repair projects including those in process, upcoming, completed, and
those that have not been completed or which are recommended and have not yet been
implemented, and which are to be carried over to the next fiscal year.
(c) Not less than once annually on or before February 1st,
(i) Prepare and deliver to Authority a comprehensive financial
budget plan (Plan), described in Section 18, including reserve accounts where applicable,
for the Properties for the upcoming fiscal year operations July 1 to June 30.
(ii) Examine the general condition of the Properties, prepare a list
of needed repairs and maintenance, and deliver that list to Authority along with the
estimated costs for review. Once reviewed by Authority, incorporate estimations into the
Plan. Said list will include all items identified by Manager and be prioritized by the
Manager in order of necessity. (i.e. Critical, Health and Safety, Necessary, Preventative,
etc.)
(d) Manager will notify Authority of work, supplies, services,
maintenance, or repairs (emergency or otherwise) that were not included in the current
operating budget but that may be necessary prior to the next operating budget year:
(i) In December of each year, Manager will provide Authority a
report of necessary budget adjustments to be made for work that was pre-approved by
the Authority and estimates of anticipated work that is necessary.
(ii) In the event there are items that have not been included in the
Plan or in Section 4(d)(i), above, then as necessary, Manager will provide a report of
those items by priority to the Authority. Authority staff will determine whether said
requests should be forwarded as a special item to the Authority Board.
(e) On the basis of the information gathered pursuant to Sections (a)-(d)
of this Section 4, Manager shall recommend in writing amendments and updates to the
Administrative Plan at least once annually. The proposed amended Administrative Plan,
together with any recommendations of Manager for achieving maximum economic return
of the Properties in light of the affordable housing requirements of the Properties, shall
be submitted to the Authority. Any amendments to budget, policies or actions in the
Administrative Plan are subject to the prior written approval of the Authority unless the
sole reason for the proposed amendment was due to changes in or inconsistencies with
current law. The Manager will continually review the Administrative Plan for the purpose
of keeping the Authority advised of necessary or desirable changes.
(f) Crime-Free Multi Housing Program. Throughout the term of this
Agreement, the Agent covenants and agrees to participate in and fully complete the City’s
Crime-Free Multi Housing Program for the Properties. Evidence of compliance with this Sample Page 273 of 570
requirement shall be forwarded annually to the Housing Authority within said twelve (12)
month period.
5. Determination of Performance Criteria. The Parties have developed
various performance criteria categories which will be used to evaluate the performance
of the Manager. Such performance criteria categories are described on Exhibit G
attached hereto and incorporated herein by reference.
6. Term. The Parties agree that the term ("Term") of this Agreement shall be
for 60 months, commencing January 1, 2024 and ending December 31, 2028, and may
be extended in accordance with the provisions of Section 28 below.
7. On-Site Management Office. The Authority shall provide adequate space
on the Properties for a management office in accordance with Exhibit C attached hereto
and incorporated herein by this reference. The Manager shall prepare and submit
designs and budget for pre-approval to furnish and/or refurbish the management offices.
The Authority shall pay all approved expenses related to such office, including, but not
limited to, furnishings, equipment, postage, office supplies, electricity, telephone,
answering service, and security monitoring services, if any. The Authority shall retain
ownership of all of the foregoing purchases.
8. Information on the Properties. The Manager acknowledges that it has been
furnished with any available building plans and specifications as well as environmental
reports, if available, for each of the Properties. Manager also acknowledges that it has
received copies of any available manufacturer's preventive maintenance schedules,
guarantees and warranties pertinent to the fixtures, mechanical equipment, and
appliances used in the operation of the Properties. The Manager shall maintain files for
each of the Properties with current plans and specifications, environmental reports,
manufacturer's preventive maintenance schedules, guarantees and warranties pertinent
to any new installations, repairs, fixtures, appliances as well as any equipment, used in
the operation of the Properties.
9. Familiarity With Equipment. The Manager has become thoroughly familiar
with the character, location, construction, layout, plan and operation of the Properties,
and especially of the electrical, heating, plumbing, air conditioning and ventilation
systems, and all other mechanical equipment, and the Manager shall maintain such
familiarity.
10. Leasing. The Manager will act as the Authority's exclusive agent in leasing
the dwelling units (the "Units") in the Properties. The following provisions will apply:
(a) The Manager shall use all reasonable efforts to keep the Properties
leased by procuring tenants for the Properties and negotiating and executing on behalf of
the Authority all leases for the Units. The Manager is authorized to enter into and execute
initial leases with tenants for a minimum term of six (6) months and a maximum term of
12 months without the further written approval of the Authority. The Authority shall provide
the Manager with income and rent guidelines for each of the Properties annually or as
frequently as Department of Housing and Community Development (“HCD”) issues Sample Page 274 of 570
adjustments to the Riverside County Median Income levels. Such guidelines shall include
a provision for utility allowances, if applicable, as set by the Riverside County Housing
Authority which are in effect at the time the rents are established. Any lease for a shorter
or longer period shall require the prior written consent of the Authority. The Manager shall
also submit to the Authority copies of all notices terminating any tenant leases and all
notices to vacate served on any tenant prior to the expiration of the lease term or after
the expiration of the lease term if tenancy has converted to month-to-month, together with
an explanation for the applicable notice. Manager shall provide Authority with the
equipment detail of each Unit annually for the purpose of determining the proper utility
allowances by March 1st of each year.
(b) The Manager shall lease all the Units in accordance with the terms
of this Agreement, in compliance with all applicable Federal, state, and local laws, in
accordance with the Administrative Plan and any further direction from the Authority.
(c) The Manager will be responsible for screening and selection of
existing and prospective tenants in accordance with affordable housing guidelines and
applicable Federal, State and local laws. The Manager will follow the tenant selection
policy described in the Administrative Plan and will show the Properties to all prospective
tenants who qualify under the Authority’s affordable guidelines based on the waiting list
policy and Unit availability.
(d) The Manager will prepare and verify eligibility certifications and
recertifications in accordance with the guidelines established by the Authority. Rents will
be adjusted pursuant to the Rent Setting Policy of the Authority adopted by Resolution
HA-32 and any amendments thereto.
(e) The Manager shall not decline to lease any Unit on the Properties to
a prospective tenant, or otherwise discriminate, on the basis of race, color, national origin,
ancestry, sex, gender, gender identity, gender expression, religion, physical or mental
disability, genetic information, marital status, familial status, sexual orientation, or any
other classification then protected by law.
(f) Prior to executing any lease with a tenant, the Manager shall obtain
the written consent of the applicant to perform a complete background check, and shall
perform same, including: (1) investigate the financial ability and history of the prospective
tenant to pay rent, (2) perform necessary credit checks, (3) obtain references from
employers and prior landlords, (4) verify the income of tenants as specified in the
Administrative Plan, (5) verify all matters that are required to be checked by Federal
and/or state law, in accordance with the type of affordable funding involved, and (6) verify
those matters that may and should be checked to ensure and promote the safety and
welfare of all tenants of the Properties, Manager’s staff and the public. A non-exclusive
list of the required and permissive verifications, consent language and sampling of
reputable online resources are set forth in Exhibit K, as may be modified by changes in
applicable law. Manager shall comply at all times with applicable Federal, State and local
law in all aspects of the tenant screening and application process.
Sample Page 275 of 570
11. Security Deposits. The Manager will collect, deposit, and disburse security
deposits in accordance with the terms of each tenant's lease. The amount of each
security deposit will be as specified in the Administrative Plan or applicable law. The
collection and disbursement of security deposits will also be governed by the then
applicable state and local laws. All tenant security deposits will be placed in one or more
trust accounts separate from all other accounts and funds of the Manager and/or the
Authority. The security account or accounts will be established at a bank as specified by
the Authority whose deposits are insured by an agency of the United States government.
The security deposit account or accounts will be carried in the Authority's name and
designated on record as “PDHA Security Deposit Account” and in addition, the Director
of Finance of the City of Palm Desert (the "Director of Finance"), his/her designees, and
up to four designated representatives of the Manager shall be included as signatories to
the security deposit account or accounts. The balance of the security deposit account or
accounts shall not be used to pay general operating expenses without the written consent
of the Authority. Notwithstanding the foregoing, security deposits received must be
documented and accounted for at all times and the Manager must comply with any
applicable state and local laws concerning interest payments on security deposits. The
number and structure of security deposit accounts is set forth in Exhibit D attached hereto
and incorporated herein by this reference.
12. Collection of Rents and Other Receipts. The Manager will collect when due
all rents, charges and other amounts receivable on the Authority's account in connection
with the management, maintenance, repair, operation, and leasing of the Properties.
Such receipts (except for tenants’ security deposits, which will be handled as specified in
Section 11 above) will be deposited in an account or accounts, separate from all other
accounts and funds, of the Manager, at the bank as specified by the Authority whose
deposits are insured by an agency of the United States Government. This account or
accounts will be carried in the Authority's name and designated on record as “PDHA
General Operating Account" and in addition, the Financial Operations Manager, the
Director of Finance, his/her designees, and up to four designated representatives of the
Manager shall be included as signatories to this account, or accounts. The number and
structure of operating accounts is set forth in Exhibit D attached hereto and incorporated
herein by this reference.
13. Enforcement of Leases. The Manager will ensure full compliance by each
tenant with the terms of that tenant's lease. Voluntary compliance will be emphasized.
Involuntary termination of tenancies shall comply with all applicable laws and regulations.
The Manager is designated as the Authority’s agent with the right to enter and take
possession of the Units, in accordance with applicable law, and shall lawfully terminate
any tenancy when, in the Manager's reasonable judgment, sufficient cause (including, but
not limited to, nonpayment of rent) for such termination occurs under the terms of the
tenant's lease. For this purpose, the Manager is authorized to consult with legal counsel
qualified to bring unlawful detainer actions and to execute notices to vacate and judicial
pleadings incident to such actions. The Manager shall keep the Authority informed of
such actions and follow such direction as the Authority may provide for the conduct of any
such action. Attorney’s fees and costs incurred in connection with unlawful detainer
actions will be paid out of the General Operating Account as an expense of the Properties.
Notwithstanding the foregoing, the Manager is at all times ultimately responsible for the Sample Page 276 of 570
enforcement of leases. Payment by the Authority of legal fees and costs incurred in
connection with unlawful detainer actions does not create an attorney-client relationship
between the Authority and Manager’s unlawful detainer legal counsel.
14. Maintenance and Repair. The Manager will maintain the Properties in
good, clean, safe and sanitary condition in accordance with the Administrative Plan and
local codes and in a condition acceptable to the Authority at all times. This will include,
but not be limited to, cleaning, painting, plumbing, grounds care, and such other
maintenance and repair works as may be necessary, subject to any limitations imposed
by the Authority in addition to those contained herein. Manager will ensure all vendors
maintain the required licensing, insurance, permits, and approvals for any work performed
in accordance with this Agreement, as well as all local, State, and Federal codes and
regulations. Manager will maintain an on-site property entry log for all vendors.
Incident thereto, the following provisions will apply:
(a) The Manager will complete preventative maintenance activities in the
most cost effective and efficient manner as possible, while not jeopardizing the
expectations in quality for the Properties.
(b) The Manager will contract in compliance with Section 21 hereof with
qualified independent contractors for the maintenance and repair of roofs, air-conditioning
and heating systems, and for extraordinary repairs beyond the capability of regular
maintenance employees.
(c) The Manager is aware of the requirements of California Labor Code
Section 1720 et seq., 1770 et seq., and California Code of Regulations, Title 8, Section
16000 et seq. (“Prevailing Wage Laws”) which require the payment of prevailing wage
rates and the performance of other requirements on “public works” and “maintenance”
projects. The projects performed under this contract may be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. If the services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Manager agrees to fully comply with such Prevailing Wage Laws, including but not limited
to requirements related to public works contractor registration and maintenance and
submittal of certified payroll records. Authority shall provide Manager with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Manger shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the services and shall post copies of
the Manager’s principal place of business and at the project site. Manager shall defend,
indemnify, and hold the Authority, its elected official officers, employees, and agents free
and harmless from any claim or liability arising of any failure or alleged failure to comply
with the Prevailing Wage Laws.
(d) The Manager will systematically receive and investigate all service
requests from tenants, take such action thereon as may be warranted and will keep
records of the same. Service requests will be addressed within four working days;
provided, however, emergency requests will be received and serviced on a 24-hour basis. Sample Page 277 of 570
The Manager shall promptly investigate and respond to serious complaints as
appropriate, and shall comply with all applicable Federal and state laws in connection
with same, including but not limited to the requirements of the Fair Employment and
Housing Act and other applicable fair housing laws, and shall promptly report such
complaints and Manager’s response thereto to the Authority. The Manager shall advise
tenants to report to law enforcement all complaints involving actual or threatened criminal
activity. The Manager shall provide the Authority with a monthly summary of all serious
complaints received by the Manager. This summary shall include a brief description of
each complaint and Manager’s response thereto.
(e) The Manager is authorized to purchase while complying with the
provisions of Section 21, on behalf of the Authority, all materials, equipment, tools,
appliances, supplies and services necessary for proper maintenance and repair. The
Authority shall retain ownership of all said materials, equipment, tools, appliances and
supplies.
(f) Notwithstanding any of the foregoing provisions, the prior written
approval of the Authority will be required for any maintenance or repair project in which
the overall cost is expected to exceed $15,000 for labor, materials, and/or otherwise in
connection with the maintenance and repair of the Properties. This limitation does not
apply to recurring expenses within the limits of the operating budget or to emergency
repairs involving manifest danger to persons or properties, or that are required to avoid
suspension of any necessary service to the Properties. In the latter event, the Manager
will inform the Authority in writing of the facts as promptly as possible. For purposes
herein, “recurring expenses” shall include utilities, pest control, laundry services, pool
services, courtesy patrol, regulatory permits, and vermin extermination.
(g) Manager shall enter into all service contracts (such as pool
maintenance/repair, laundry, vermin extermination and landscape maintenance) in
accordance with Section 21 and maintain all required permits and approvals on
equipment, pools, facilities, etc. for each of the Properties.
(h) The Manager shall not undertake any work of construction or any
work which would modify or change the exterior of any building or grounds.
15. Utilities and Services. The Manager will make arrangements for water,
electricity, gas, sewage and trash disposal, telephone and cable service for the
Properties. The Manager will enter into such contracts as may be necessary to secure
such utilities, acting as Manager for the Authority.
16. Employees.
(a) All personnel of the Manager involved with the management,
maintenance, repair, operation or leasing of the Properties will be employees of the
Manager and will be hired, paid, directed, supervised, and discharged by the Manager.
The Manager will provide sufficient resources (staff and/or services) in order to fulfill its
obligations to the Authority under the terms of this Agreement. All costs associated with
hiring and discharging of such employees will be borne by the Manager. The Manager Sample Page 278 of 570
warrants that it has established employment policies in accordance with employment laws
and said policies include a drug free work place or similar substance abuse policy, a zero-
tolerance violence in the workplace policy and all other policies mandated by state and
Federal law. The Manager warrants that all of its employees meet all qualifications,
licensing and code requirements, applicable to completing assigned tasks. The Manager
warrants that training will be provided to employees as may be required by local, State or
Federal Law and will be conducted by an individual or entities qualified to provide such
training. It is understood that, subject to sub-Sections (b) and (c), below, all direct costs
associated with employees working "on-site" and specifically identified on Exhibit F will
be borne by the Authority to include their direct salary (but not bonuses), Social Security
taxes, employment taxes, medical insurance, Pension Plan, Worker's Compensation,
uniforms, Housing allowance and other benefits (if applicable). The Authority shall have
the right to interview and approve the hiring of any prospective site managers or regional
(non-site specific) staff included in Exhibit “F”. Only the cost of those positions set forth
on Exhibit F shall be paid by the Authority. Positions may be added, deleted or modified
from Exhibit F based on property need with approval of the Manager and the Executive
Director of the Authority. Notwithstanding the foregoing, all personnel of the Manager are
exclusively the employees of Manager, and not of the Authority.
(b) Manager shall have full and exclusive responsibility and liability for
payment of all federal, state and local payroll taxes and for contributions for
unemployment insurance, Social Security (FICA) and other benefits imposed or assessed
under any provision of law or by regulation, and which are measured by salaries, wages,
or other remuneration paid or payable by Manager to its employees engaged in any work
in connection with this Agreement or indicated herein, for the payment of which the
Authority will reimburse the Manager, subject to the written approval of the Finance
Director. The Manager shall have full and exclusive responsibility and liability for the
withholding and payment of any income taxes required to be withheld from the wages or
salaries of said employees under any provision of law or regulation. The Manager agrees
to save and hold the Authority harmless from all claims for penalties, interest, or costs
which may be assessed under any law or any rules or regulations thereunder with respect
to its failure or inability to perform the aforesaid responsibilities.
(c) Upon ten days demand from the Authority, the Manager shall cause
any employee of the Manager to be removed from the Properties, at the Manager's sole
cost and expense.
(d) Manager shall be solely responsible for the methods and means of
managing its personnel to achieve the desired results. Authority’s authority over and
involvement in Manager’s employment matters shall be limited consistent with Manager’s
status as sole employer of its employees.
17. Disbursements from General Operating Account.
(a) From the funds collected and deposited by the Manager in the
General Operating Account pursuant to Section 12 above, the Manager will make or
request the following disbursements promptly when payable:
Sample Page 279 of 570
(i) The Manager shall request from the Director of Finance of the
Authority reimbursement to the Manager for compensation payable to the employees
specified in “Exhibit F” together with an overhead charge percentage that will be
determined annually by the Manager and approved by the Director of Finance of the
Authority. This percentage will be applied to gross payroll with respect to employees
specified in “Exhibit F”, included on “Exhibit F” and submitted once each year during
budget review. Said percentage may be adjusted during the budget year with written
approval of the Authority, and will include the employer’s portion of medical, dental, life,
Workers Compensation, taxes and assessments payable to local, state and federal
governments in connection with the employment of such personnel.
(ii) Notwithstanding the provisions of sub-Section (a)(i), above,
the Manager shall make disbursements of all sums otherwise due and payable by the
Authority as expenses of the Properties authorized to be incurred by the Manager under
the terms of this Agreement, including compensation payable to the Manager, pursuant
to Section 27 below, for its services hereunder.
(iii) All checks between $2,500 and $4,999 shall require at least
two signatures. All checks over $5,000 shall require at least two signatures, one of which
must be the signature of an authorized representative of the Authority.
(iv) All wire transfers will be initiated by the Director of Finance of
the Authority or his/her designee.
(b) Except for the disbursements mentioned in Section 12 above, funds
will be disbursed or transferred from the General Operating Account only as the Authority
may from time to time direct in writing. Manager reimbursement checks in excess of $500
shall require signatures of both the authorized signatory of Manager and the Finance
Director of the Authority or his/her designee.
(c) In the event the balance in the General Operating Account is at any
time insufficient to pay disbursements due and payable under Section 17(a) above, the
Manager will inform the Authority prior to disbursing funds of that fact and the Authority’s
Director of Finance will then remit to the Manager sufficient funds to cover the
delinquency. In no event will the Manager be required to use its own funds to pay such
disbursements that are directly related to the operation of the Properties.
(d) The Authority will pay for or reimburse to Manager only those
expenses that are expressly authorized by this Agreement to be borne by the Authority.
Any expenses incurred by Manager as a result of any legal judgment or administrative
ruling against Manager or its officers, employees or agents, or any monetary settlement in
lieu of same to resolve any dispute, or the costs incurred by Manager in connection
therewith, including attorneys' fees for advice to or defense of Manager, shall be the sole
responsibility of the Manager. In the event any Authority monies have been disbursed for
this purpose, the Manager shall immediately reimburse Authority. The Authority may, in
its sole discretion, elect to pay or reimburse the Manager for all or a portion of such
expenses and/or costs if the Authority deems that to be in the best interests of the
Authority or the community which it serves or to promote the public health, safety and/or Sample Page 280 of 570
welfare, and only upon written agreement between the Authority and Manager, signed by
each of the Parties.
18. Budgets. Manager will prepare and submit annual operating budgets for
the Properties in forms satisfactory to the Director of Finance, which budgets shall include
but not be limited to the following: Current Year Final Budget Adopted; Current Year
Expected Actual; Upcoming Year Budget Request; Detailed Descriptions for any marginal
deviations from Current Year; Detailed Descriptions for any Capital Expenditures for each
Property; including Reserve Accounts where applicable. and Exhibit F described above.
Except as permitted under Section 14(e) above, annual disbursements for operating
expenses will not exceed the amount authorized by the approved budget without the prior
written consent of the Authority. The Manager shall prepare a recommended operating
budget for each fiscal year during the term of this Agreement, and shall submit to the
Authority by March 1st of each year for the following fiscal year (July 1 to June 30).
Additionally, the Manager shall prepare and submit to the Authority a budget for each
fiscal year thereafter covering the period from July 1 through the next following June 30.
Each year of the term the Authority will promptly inform the Manager of any changes
incorporated in the approved budget, and the Manager will keep the Authority informed
of any material anticipated deviation from the receipts or disbursements stated in the
approved budget. Manager may, upon the written request and after receipt of written
approval of the Authority, make disbursements exceeding the budgeted allowances within
the budgeted categories for the Properties.
19. Records and Reports. In addition to any requirements specified in the
Administrative Plan or other provisions of this Agreement, the Manager will have the
following responsibilities with respect to accounts and reports:
(a) The Manager will establish and maintain, on a modified accrual
basis, a comprehensive system of records, books and accounts in a manner satisfactory
to the Authority. All records, books and accounts will be subject to examination at
reasonable hours by any authorized representative of the Authority. The Manager shall
maintain the books and records in good condition and order and shall preserve the books
and records for such time period as the Authority would be legally required to preserve
and maintain the books and records.
(b) The Manager will be subject to a quarterly review and an annual audit
conducted by a firm of the Authority's choice. The Manager agrees to make available all
applicable records to the Authority's auditors for annual review. The report will be
prepared in accordance with generally accepted auditing standards. The audit report
submitted by the audit firm will also be subject to a single audit at the Authority's
discretion. The preparer’s services will be an expense of the Authority.
(c) The Manager will furnish information as may be requested by the
Authority from time to time with respect to the financial, physical or operational condition
of the Properties, including, without limitation: (i) calculation and billing rent and other
tenant charges; (ii) maintaining accounts receivable and delinquency records; (iii)
maintaining rent rolls; (iv) processing and paying operating and capital invoices; (v)
recording activity and comparing such activity to budgeted amounts; (vi) reconciling all Sample Page 281 of 570
expenditures; (vii) remitting excess funds to the Authority and requesting needed funds
from the Authority; (viii) processing payroll for personnel employed in the discharge of this
Agreement and in compliance with taxing authorities and other reporting requirements
associated with payroll; and (ix) reports detailed in Exhibit I.
(d) By the 20th day of each month, the Manager will furnish the Authority
with an itemized list of all delinquent accounts, including general operating accounts, as
of the tenth day of the same month.
(e) The Manager shall submit, to the Authority’s Finance Director those
reports set forth in Exhibit H on the periodic bases set forth in Exhibit H. Reports
designated as “monthly” on Exhibit H shall be submitted by the 20th day of each month;
reports designated as “quarterly” shall be submitted by the 20th day of every third month,
and reports designated as “annual” shall be submitted at the end of the fiscal year or the
end of the calendar year as set forth on Exhibit H. In explanation but not limitation of the
foregoing, the monthly reports to be submitted include: a statement of receipts and
disbursements during the previous month; a schedule of accounts receivable and
payable; reconciled bank statements for all accounts maintained by the Manager on
behalf of the Authority reflecting disbursements and deposit amounts as of the end of the
previous month; a copy of general ledger account transactions and monthly aggregate
utility consumption by utility; and such other matters relative to the management,
operation, and maintenance of the Properties including actual income and expense
balances compared to budgeted or expected results as required by the Finance Director
of Authority. Additional reports may be requested throughout the year as the Authority
deems necessary.
(f) On the 20th day of each month, the Manager will submit to the
Authority the reports listed on Exhibit I attached hereto and incorporated herein by
reference, to assist the Authority in determining compliance with that certain Stipulation
for Entry of Judgment in case number Indio 51124 as consolidated with case numbers
Indio 51143 and 51159 which has been provided to the Manager.
(g) Confidentiality. All books, records, operating statements, leases,
and other material or information relevant to the operation or financial nature of the
Properties shall be maintained in the strictest confidence and shall not be available to any
employee or salesperson of any affiliate of Agent, nor to any other party without the prior
written consent of the Housing Authority or under compulsion of law (e.g., subpoena).
20. Fidelity Bond. The Manager will place the Properties on a master fidelity
bond, which provides blanket coverage equal to two months gross rent potential. The
bond will provide coverage for all principals and agents of the Manager and all persons
who participate directly or indirectly in the management of the Properties and their assets,
accounts and records. The premiums for such a bond will be paid and borne by the
Manager. Specifically, coverage for the Manager, including all applicable persons in the
Manager's employ, will be paid by the Manager, and coverage for the Authority’s
personnel, if applicable, will be paid by the Authority. Said fidelity bond shall be issued
by a company which is reasonably acceptable to the Authority, and Manager shall deliver Sample Page 282 of 570
to the Authority a copy of said fidelity bond upon execution by the Authority of this
Agreement.
21. Bids, Discounts, Rebates or Commissions. The Authority and Manager
agree to obtain contract materials, supplies and services at the lowest possible cost and
on the most advantageous terms to the Properties and to secure and credit to the
Properties all discounts, rebates and commissions obtainable with respect to purchases,
service contracts and all other transactions on behalf of the Properties. The Manager
agrees that no goods and services shall be purchased from individuals, related
companies and companies having a financial or pecuniary interest (a "conflict-of-interest")
with the Manager. All vendor accounts shall be opened in the Authority's name, upon
prior written approval of the Authority.
The Manager will develop detailed scopes of work, materials, supplies, equipment
and contractual services for any work or repair the cost of which may exceed $5,000 for
a single Unit or project. The Manager shall comply with the procedures set forth in
Ordinance No. 928 of the City of Palm Desert, and any amendments thereto, in
connection with the purchase of any materials, supplies, equipment and contractual
services to be paid for by the Authority under this Agreement.
The Manager agrees to accept the bid which represents the lowest price, taking
into consideration the bidder's reputation for quality of workmanship or materials and
timely performance, and the time frame within which the services or goods are needed.
The Manager must make every reasonable effort to assure that the Authority is obtaining
services, supplies and purchases at the lowest possible cost. The Manager must make a
written record of any verbal estimate obtained. Copies of all required bids and
documentation of all other written or verbal cost comparisons made by the Manager shall
be made part of the records of the Properties and shall be retained for three years from
the date the work was completed. This documentation shall be subject to inspection by
the Authority or its designee and the Manager agrees to submit such documentation upon
request. Further, Manager shall annually submit a report to the Authority describing the
outcome of all bidding procedures, which report shall include the names of all bidders and
the amount of their bids, and shall indicate to which bidder the contract was awarded.
The Manager agrees to make available to the Authority, when requested, all
records of the Manager, which relate to the provision of goods or services to the Authority
whenever funds from the Properties have been used to pay for such goods and/or
services (other than management services).
22. Resident Services Program. The Manager will be responsible for carrying
out any resident retention or social services program described in the Administrative Plan
and any other program or service that may become available that are in the best interest
of the residents or community to promote public health, public safety or tenant welfare.
23. Resident - Management Relations. The Manager will establish quarterly
meetings at Properties containing 150 or more units to encourage and promote
communication and tenants’ initiatives.
Sample Page 283 of 570
24. Defense, Indemnity and Hold Harmless Agreement. The Manager and
Authority agree that the Authority, the Successor Agency to the Palm Desert
Redevelopment Agency, the City of Palm Desert, and their respective officials, officers,
employees, and agents (collectively “Indemnitees”) should, to the extent permitted by law,
be fully protected against any loss, injury, damage, complaint, claim, lawsuit, cost,
expense, attorneys fees, litigation costs, defense costs, court costs or any other cost
arising out of or in any way related to Manager’s performance of this Agreement.
Accordingly, the provisions of this defense, indemnity and hold harmless provision are
intended by the Parties to be interpreted and construed to provide the fullest protection
possible under the law to the Indemnitees. Manager acknowledges that Authority would
not enter into this Agreement in the absence of the commitment of Manager to indemnify,
defend, protect and hold harmless the Authority as set forth herein.
To the full extent permitted by law, Manager shall indemnify, defend, protect and
hold harmless the Indemnitees from any liability, complaints, claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees
incurred by Authority, court costs, interest, defense costs including expert witness fees
and any other costs or expenses of any kind whatsoever without restriction or limitation
incurred in relation to, as a consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
All obligations under this provision shall be paid by Manager as they are incurred by the
Authority. Manager shall defend the Indemnitees, and bear the expense thereof, with
lawyers selected or approved by the Authority.
Without affecting the rights of the Indemnitees under any provision of this
Agreement or this Section 24, the Manager shall not be required to indemnify, defend,
protect and hold harmless the Indemnitees as set forth above for liability attributable
solely to the fault of the Indemnitees.
25. Professional Services Insurance Requirements. Manager shall not
commence work under this Agreement until it has provided evidence satisfactory to the
Housing Authority that it has secured all insurance required under this Section. In
addition, Manager shall not allow any subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the Housing Authority that the
subcontractor has secured all insurance required under this section.
Without limiting Manager’s indemnification of the Housing Authority, City of Palm Desert,
the Successor Agency to the Palm Desert Redevelopment Agency and prior to
commencement of Work, Manager 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 satisfactory to the Housing Authority.
(a) General Liability Insurance. The Manager shall obtain, at its sole cost
Commercial General Liability coverage “occurrence” form CG 00 01 or its exact
equivalent, with minimum limits of $2,000,000 per occurrence and $4,000,000 in the
general aggregate. Insurance is to be placed with insurers with a current A.M. Best and
Company rating level of A- or better, Class VIII or better, licensed to do business in Sample Page 284 of 570
California, and satisfactory to the Authority. Manager agrees to endorse third party
general liability coverage required herein to include as additional insureds the City of Palm
Desert, the Palm Desert Housing Authority, the Successor Agency to the Palm Desert
Redevelopment Agency, and their respective officials, officers, employees, volunteers,
and agents (collectively “Additional Insureds”). The acceptable additional insured
endorsement that must be submitted to the Authority is CG 20 10 or its exact equivalent,
specifying the Additional Insureds as additional insureds, and specifying that the insurer
shall provide at least 30 days notice to the Additional Insureds of any cancellation or
modification of coverage. Coverage shall apply on a non-contributing basis in relation to
any other insurance or self-insurance, primary or excess, available to the Additional
Insureds. Coverage shall not be limited to the vicarious liability or supervisory role of any
of the Additional Insureds. Insurance shall be issued as project specific to this agreement.
Excess or Umbrella Liability Insurance (Over the Primary) is required in the with minimum
limits of $5,000,000 and shall provide coverage at least as broad as specified for the
underlying coverages. Any such coverage provided under an umbrella liability policy, shall
include a drop down provision providing primary coverage above a maximum $25,000
self-insured retention for liability not covered by primary, but covered by the umbrella.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage for
claims or suits by one insured against another; policies shall also have concurrent starting
and ending dates. Coverage shall be applicable to the Authority, and/or City of Palm
Desert for injury to employees of Manager, subcontractors of either the Manager or the
Authority, or others involved in the scope of this Agreement. The scope of coverage
provided is subject to approval by the Risk Manager following receipt of proof insurance
as required herein.
(b) Automobile Liability Insurance. Manager shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activites of the Manager arising out of or in connection
with Work to be performed under this Agreement, including $1,000,000 combined single
limit for each accident including coverage for any owned, hired, non-owned or rented
vehicles.
(c) Professional Liability (Errors & Omissions). Manager shall maintain
professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per occurrence/$2,000,000
aggregate and policy shall not exclude discrimination, fair housing, American with
Disabilities act, and sexual molestation violations. Any policy inception date, continuity
date, or retroactive date must be before the effective date of this Agreement and Manager
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this Agreement. Covered professional services
shall specifically include all work to be performed under the Agreement and delete any
exclusions that may potentially affect the work to be performed (for example, any
exclusions relating to lead, asbestos, pollution, testing, underground storage tanks,
laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the
retroactive date shall precede the effective date of the initial Agreement and continuous
coverage will be maintained or an extended reporting period will be exercised for a period
of at least three (3) years from termination or expiration of this Agreement
Sample Page 285 of 570
(c) Workers’ Compensation/Employers' Liability Insurance. The
Manager shall procure and maintain Workers' Compensation
insurance complying with California workers’ compensation laws,
including statutory limits for workers’ compensation and an
Employer’s liability limit of $1,000,000 per accident or disease.
Unless otherwise agreed, this policy shall be endorsed to waive any
right of subrogation as respects the Authority, the Successor Agency
to the Palm Desert Redevelopment Agency, the City of Palm Desert,
and their respective officials, officers, employees, volunteers, and
agents.
(d) Fidelity Coverage. Consultant shall provide evidence of fidelity
coverage on a blanket fidelity bond or other acceptable form. Limits
shall be no less than $1,000,000 per occurrence.
(e) Cyber Liability Insurance. Consultant shall procure and maintain
Cyber Liability insurance with limits of $1,000,000 per
occurrence/loss, which shall include the following coverage:
1. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including
credit monitoring and regulatory fines arising from such theft,
dissemination, or use of the confidential information.
2. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
3. Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
4. Electronic Media Liability arising from personal injury,
plagiarism or misappropriation of ideas, domain name
infringement or improper deep-linking or framing, and
infringement or violation of intellectual property rights.
5. Liability arising from the failure to render professional services
(f) Evidence of Insurance. The Manager shall provide evidence of the
insurance required herein, satisfactory to the Authority, consisting of certificate(s) of
insurance evidencing all of the coverages required by this Agreement, and an additional
insured endorsement to the Manager's Commercial General Liability, and to Manager’s
umbrella liability policies, using ISO form CG 20 10. In addition, the Manager agrees to
provide complete copies of all policies of insurance to the Authority annually or upon
request. The Certificate(s) shall reflect that the insurer will provide 30-days notice of any
cancellation or modification of coverage to the Additional Insureds, per the terms of the
policy. The Manager agrees to require its insurer to modify the certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word "endeavor" with regard to any notice Sample Page 286 of 570
provisions. All insurance coverage and limits provided pursuant to this Agreement shall
apply to the full extent of the policies involved, available or applicable. Nothing contained
in this Agreement or any other agreement relating to the Authority or its operations shall
limit the application of such insurance coverage. The endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf and are to be provided
on standard ISO forms noted above. All endorsements are to be received and approved
by the Risk Manager prior to the commencement of work.
(g) No Limitation on other Insurance. Requirements of specific coverage
features or limits contained in this Section 25 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 and is not intended by any Party to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type.
(h) Subrogation. All general or auto liability insurance coverage provided
pursuant to this Agreement, or any other agreements pertaining to the performance of
this Agreement, shall not prohibit the Manager, its employees, or agents, from waiving
the right of subrogation prior to a loss. The Manager hereby waives all rights of
subrogation against the Authority, the Successor Agency to the Palm Desert
Redevelopment Agency, and the City of Palm Desert.
(i) Authority's Right to Purchase Replacement Insurance. In the event
any policy of insurance required under this Agreement does not comply with these
requirements or is canceled and not replaced, the Authority has the right but not the duty
to obtain the insurance it deems necessary and any premium paid by the Authority will be
promptly reimbursed by the Manager.
(j) Proof of Insurance. The Manager shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Such proof will be
furnished not more than 72 hours after the expiration of the coverage(s). Any actual or
alleged failure on the part of the Authority or any other of the Additional Insureds under
these requirements to request or obtain proof of insurance required under this Agreement
in no way waives any right or remedy of the Authority or any other of the Additional
Insureds, in this or any other regard.
(k) Subcontractor Proof of Insurance.
(i) Subcontractors Performing Recurring Work or Work in Excess
of $2500. The Manager shall require all subcontractors or other parties which provide (i)
recurring services to the Properties, or (ii) services in excess of $2,500 in a six month
Period (a "Major Subcontractor") to the Properties to provide the same minimum
insurance coverage required of the Manager and Workers Compensation insurance to
conform with the requirements of this section. Manager 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. The Manager agrees that upon
request, all agreements with Major Subcontractor, or others with whom Manager Sample Page 287 of 570
contracts with on behalf of the Authority, will be submitted to the Authority for review. For
purposes of this Section a contractor or party hired for the work shall be deemed to be
performing "recurring work" in the event that contractor or party hired performs in excess
of a single segregated or discrete project in any six-month period. The Manager agrees
to obtain certificates evidencing such coverage and to make reasonable efforts to ensure
that such coverage is provided as required herein. Failure of the Authority to request
copies of such agreements will not impose any liability on or constitute waiver by the
Authority of its rights hereunder. Manager agrees to require that no contract used by any
Major Subcontractor, or contracts the Manager enters into on behalf of the Authority, will
reserve the right to charge back to the Authority the cost of insurance required by this
Agreement.
(ii) Subcontractors Performing Nonrecurring Work or Work Less
Than or Equal to $2500. The Manager shall require all subcontractors or other parties
which provide (i) nonrecurring services to the Properties, and (ii) services in an amount
not to exceed $2,500 in a six-month Period (a "Nonrecurring Subcontractor") to provide
Commercial General Liability insurance in the amounts set forth below and Workers
Compensation insurance to conform with the requirements of this section. For purposes
of Section 25, a contractor or party hired for the work shall be deemed to be providing
"nonrecurring work," so long as that contractor or party hired for the work does not perform
more than a single segregated or discrete project in a six-month period. In the event a
Nonrecurring Subcontractor performs more than a single discrete project in a six-month
period or work exceeding $2,500 in value, that Nonrecurring Subcontractor shall lose its
status as a “Nonrecurring Subcontractor” and shall be automatically deemed a “Major
Subcontractor”. The liability limits for Nonrecurring Subcontractors shall provide no less
than $500,000 per occurrence for all coverages and $500,000 in the general aggregate.
The Manager agrees to verify such coverage and make reasonable efforts to ensure that
such coverage is provided as required herein. The Manager agrees to require that no
contract used by any Nonrecurring Subcontractor, or contracts the Manager enters into
on behalf of the Authority, will reserve the right to charge back to the Authority the cost of
insurance required by this Agreement. The Manager agrees that upon request, all
agreements with Nonrecurring Subcontractors, or others with whom Manager contracts
on behalf of the Authority, will be submitted to the Authority for review. Failure of the
Authority to request copies of such agreements will not impose any liability on the
Authority nor constitute a waiver of the rights of the Authority hereunder.
26. Compliance With Governmental Orders. The Manager will take such action
as may be necessary to comply promptly with any and all governmental orders or other
requirements affecting the Properties, whether imposed by federal, state, county or
municipal authority. Notwithstanding the foregoing, the Manager shall take no such action
so long as the Authority is contesting, or has affirmed its intention to contest, any such
order or requirement. The Manager will notify the Authority in writing of all notices of such
orders or other requirements as soon as possible from the time of their receipt.
27. Manager's Compensation. The Manager will be compensated for its
services under this Agreement by monthly management fees. Such fees will be payable
on the first day of each month, in arrears, for the services provided in the prior month for
the term of this Agreement. For the purpose of this Section, the term ‘occupied units’ Sample Page 288 of 570
shall include those Units which are currently leased, on notice to vacate, or temporarily
vacant due to a move out. The Management Fee (“Fee”) shall be calculated monthly
according to the following schedule:
(a) In the case of occupied units, each such monthly fee shall be in the
amount of $___________ per Unit per month except as follows:
(i) For Units where a Notice of Termination of Tenancy (“Notice”)
was provided by the tenant as required (30 calendar day notice) and a Unit remains
vacant for 30 calendar days or more, Manager will not be entitled to the monthly fee,
except in those circumstances where the vacancy is the result of the Authority’s leasing
process for affordable Units.
(ii) For Units where no Notice was given, the tenant chose to ‘quit’
or the tenant skipped, and a Unit remains vacant for 45 calendar days or more, Manager
will not be entitled to the monthly fee.
(b) In the case of unoccupied Units (except those Units described in
Section 27(c-e) below), each such monthly fee shall be as follows:
(i) $_________ per Unit per month for the first four months for
Units that have been determined, in the Authority’s sole and absolute discretion, to be
‘unrentable’ or ‘down’ due to physical condition or damage. Unless otherwise determined
by the Authority, Manager is expected to repair said Units within the four months. If
Manager fails to repair units within the given time, no fee will be paid until the unit is
available for occupancy.
(ii) No Fee will be paid for Units that are unrentable or down due
to action or inaction by the Manager.
(iii) $_________ per Unit per month for those units specifically
indentified in Item No. 14 of Exhibit A and any amendments thereto. These units are
typically owned by the Authority and are considered ‘for-sale’ units. Said units are to
remain unoccupied unless, in the Authority’s sole and absolute discretion it determines
otherwise. Manager is expected to maintain said units in the same condition as when
originally assigned as well as visually inspect, coordinate services, complete any minor
repairs, and respond to emergencies. Fees for these units shall be payable monthly in
arrears until the date of the close of escrow wherein the ownership is no longer the
Authority or at such time as the Authority notifies Manager otherwise.
(c) In the case of Units that are newly constructed or newly renovated
which will be added to Exhibit A, the Fee shall be $_________ per Unit per month
commencing at such time as the construction/renovation has reached 90% completion as
determined by the Contractor’s billing until Certificate of Occupancy, in the case of new
units, or Certificate of Completion, in the case of renovated Units, is issued.
(d) In the case of Units which were ‘downed’, as described in Section
27(b)(i) and direction has been given to the Manager by the Authority not to repair said Sample Page 289 of 570
Units, commencing with the fifth month, the Fee shall be reduced to $_________ per Unit
per month until Manager is no longer responsible for said Units.
(e) Except as otherwise expressly provided in this Agreement, all
employees not identified in Exhibit F and other overhead expenses of the Manager
(including but not limited to costs of office supplies and equipment, postage,
transportation, travel expenses for managerial personnel and telephone services) will be
borne by the Manager. All services for management, accounting, and reporting, with
exception of the Authority's requested annual audit, shall be borne by the Manager.
In addition to the Management Fee, the site employees for the Properties
shall be paid based on the Employee Salaries listed on Exhibit F attached hereto and
incorporated herein by this reference.
28. Termination.
(a) Authority Termination for Convenience. Authority may terminate this
Agreement for convenience by giving not less than 180 days written notice of termination.
The notice of termination shall specify that the termination is for the convenience of the
Authority. Up on a Termination for Convenience, the Authority shall continue to pay
Manager for all work performed up to the date of termination. Manger shall be
compensated only for those services that have been satisfactorily rendered to the
Housing Authority, and Manager shall be entitled to no further compensation. Authority
shall not be liable for an y post-termination costs, lost profits, or other alleged damages
resulting from a Termination for Convenience.
(b) Termination For Cause: Either Party may terminate this Agreement with
cause by giving written notice to the other Party not less than 90 days prior to the date of
termination. Any such written notice for cause shall specify the default. If the default
specified has not been cured within 21 days of receipt of the notice, this Agreement shall
terminate on the date of termination set forth in the notice. Upon termination, Manager
shall be compensated only for those services that have been satisfactorily rendered to
Authority, and Manager shall be entitled to no further compensation.
(c) Termination at End of Term/Extension: At least ninety (90) days prior
to the automatic termination of this Agreement (the “Negotiation Period”), and unless
either Party has given timely notice under this Section prior thereto, the Parties shall
initiate negotiations for a new agreement for Property Management Services and use best
efforts and engage in good faith negotiations to finalize such agreement and obtain final
approval thereof prior to the automatic termination of this Agreement. In the event such
good faith efforts are not completed before the expiration of the Term, or in the event
either Party gives notice to the other during the Negotiation Period of its decision not to
enter into a further term, this Agreement may be extended for not more than ninety (90)
days after the giving of such notice or ______________, whichever is later, upon the
written authorization of the Executive Director of the Authority. Good faith negotiations
may include an extension of this Agreement up to an additional _________ months
provided that any such extension shall require the authorization of the Authority Board
and shall be in writing, as an Amendment to this Agreement, signed by both Parties. Sample Page 290 of 570
(d) Bankruptcy. In the event that a petition in bankruptcy is filed by
either of the Parties, or in the event that either Party makes an assignment for the benefit
of creditors to take advantage of any insolvency act, this Agreement shall automatically
terminate.
(e) Sale of Properties. This Agreement shall automatically terminate,
upon the sale of the Properties, or as to any Property, on the sale of such Property, except
that, this provision shall not apply in the event of a sale, transfer, or re-conveyance by
and between the former Palm Desert Redevelopment Agency, the Authority, the
Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert,
and/or any related or successor agency or entity.
(f) Addition of Properties. In the event the Authority adds a property
to its operations portfolio, Manager and Authority’s designee may agree in writing to
amend Exhibit A for the inclusion of said property. Such amendment shall be subject to
the terms and conditions herein from the effective date of the amendment.
(g) Exchange of Documents. Upon termination of this Agreement, the
Manager will submit to the Authority any financial statements requested by the Authority
and, after the Parties have accounted to each other with respect to all matters outstanding
as of the date of termination, the Authority will furnish the Manager security in form and
principal amount satisfactory to the Manager against any obligations or liabilities which
the Manager may properly have incurred on behalf of the Authority hereunder. All of the
cash trust accounts, investments, equipment and records for the Properties will be turned
over to the Authority within 30 days of the date this Agreement is terminated. The Parties
hereby covenant and agree that the Authority shall own the books and records for the
Properties and that the Manager shall hold the books and records for the Properties for
the benefit of the Authority for an agreed upon period at the time of termination.
29. Manager's Indemnification. Subject to the Manager's indemnification
obligations hereunder as set forth in Section 24, the Parties understand and agree:
(a) That the Authority has assumed and will maintain its responsibility
and obligation through the Term of this Agreement for the finances and the financial
marketability of the Properties; and
(b) That the Manager shall have no obligation, responsibility or liability
to fund authorized costs, expenses, or accounts other than those funds generated by the
Properties themselves or provided to the Properties or to the Manager by the Authority.
In accordance with the foregoing, the Authority agrees that the Manager shall have the
right at all times to withdraw payment of its compensation, as provided for under Section
27 of this Agreement, from the General Operating account or accounts, immediately when
such compensation is due and without regard to other property obligations or expenses
conditioned on the Manager having satisfactorily discharged all duties and responsibilities
under this Agreement. Moreover, the Authority hereby indemnifies the Manager and
agrees to hold it harmless with respect to costs, expenses, accounts, liabilities and
obligations of the Properties during the Term of this Agreement and further agrees to Sample Page 291 of 570
guarantee to the Manager the payment of its compensation under Section 27 of this
Agreement during the Term of this Agreement to the extent that the Operating and
Maintenance Account for the Properties are insufficiently funded for this purpose. Failure
of the Authority at any time to abide by and to fulfill the foregoing shall be a breach of this
Agreement entitling the Manager to obtain from the Authority, upon demand, full payment
of all compensation owed to the Manager through the date of such breach.
30. Prohibition Against Assignment and Subcontracting Management Services.
Manager shall not assign this Agreement or subcontract any management or other
services, without the express prior written consent of the Authority.
31. Notices. Except as otherwise provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or
given to either Party to this Agreement by the other Party shall be given in writing. All
such notices or other communications shall be deemed duly served and given when
personally delivered to the Party to whom they are so directed, or in lieu of personal
service when deposited in the United States mail, first-class postage prepaid, addressed
to the respective Party as set forth below:
To the Authority:
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Housing Manager
To the Manager:
________________________
________________________
________________________
Either Party may change its address for the purpose of this Section 31 by giving
written notice of the change to the other Party in the manner provided in this Section.
32. General Provisions.
(a) Binding on Successors and Assigns. At all times, this Agreement will
enure to the benefit of and constitute a binding obligation upon the Parties and their
respective successors and assigns.
(b) Entire Agreement and Allowable Changes. This Agreement
constitutes the entire Agreement between the Authority and the Manager with respect to
the management and operation of the Properties, and all prior agreements between the
Authority and the Manager regarding the subject matter of this Agreement are hereby
superseded and replaced. Changes hereto must be made by supplemental written Sample Page 292 of 570
agreement signed by the Parties. Exhibits hereto may be amended as necessary by the
written agreement of the Parties.
(c) Attorneys' Fees. If any litigation is commenced between the Parties
concerning the Properties, this Agreement, or the rights and duties of either Party with
respect to this Agreement, the Party prevailing in the litigation shall be entitled, in addition
to any other relief that may be granted in the litigation, to reasonable attorneys' fees and
costs.
(d) Ambiguities. Each Party and their counsel have participated fully in
the drafting of this Agreement. Any rule of construction to the effect that ambiguities are
to be resolved against the drafting Party shall not apply in interpreting this Agreement.
(e) Severability of Agreement. If a court or an arbitrator of competent
jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in
whole or in part for any reason, the validity and enforceability of the remaining provisions,
or portions of them will not be affected.
(f) Approval by Authority. Whenever a provision of this Agreement
requires the delivery of documents or reports, notifications, determinations,
reimbursements or requests for funding, review, authorization or approval of the Authority,
such approval may be given by the Executive Director of the Authority or his/her designee,
unless Authority Board action is specified in this Agreement.
(g) Word Usage. Unless the context clearly requires otherwise, (a) the
plural and singular shall each be deemed to include the other; (b) the masculine,
feminine, and neuter genders shall each be deemed to include the others; (c) "shall,"
"will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and
(e) "includes" and "including" are not limiting.
Sample Page 293 of 570
IN WITNESS THEREOF, the Parties have executed this Agreement on the date
first above written.
Authority:
PALM DESERT HOUSING AUTHORITY, a
public body, corporate and politic
By: _______________________________
___________, Chairman
ATTEST:
__________________________________
___________, City Clerk
APPROVED AS TO FORM:
__________________________________
Special Counsel
Manager:
By: _______________________________
Title:
By: _______________________________
Title:
Sample Page 294 of 570
EXHIBIT A
(PROPERTIES)
PALM DESERT HOUSING AUTHORITY
AFFORDABLE HOUSING UNITS
1. One Quail Place
72-600 Fred Waring Drive
156-one bedroom, 228-two bedroom (384 Total Units)
Amenities: Gated Community, 4 Pools, 4 Spas, 4 Tennis Courts,
Basketball Courts, Tennis Courts, Community Courtyard with Picnic Area,
Children's Play Area, Resident Library, 4 Laundry Facilities, Recycling
Containers in each Unit, and Assigned Covered Parking
2. Desert Pointe
43-805 Monterey Avenue
34-studio, 24-one bedroom, 6-two bedrooms (64 Total Units)
Amenities: Pool, Children’s Play Area, Laundry Facilities, Recycling
Containers in each Unit, and Assigned Covered Parking
3. Neighbors Apts.
73-535 Santa Rosa Way
24-two bedrooms (24 Total Units)
Amenities: Pool, Laundry Facility, Recycling Containers in each Unit, and
Covered Parking
4. The Pueblos Apts.
73-695 Santa Rosa Way
15-one bedroom units (15 Total Units)
Amenities: Pool, Adjacent Community/Resident Services Building,
Laundry Facility, Recycling Containers in each Unit, and Assigned Covered
Parking
5. Catalina Gardens
73-600A Catalina Way
48-studios, 24-one bedroom (72 Total Units)
Amenities: Pool, Laundry Facility, Recycling Containers in each Unit,
Assigned Covered Parking, and Community Room
6. Taos Palms
44-830 Las Palmas Avenue
16-two bedroom (16 Total Units)
Amenities: Gated Community, Pool, Laundry Facility, and Recycling
Containers in each Unit
7. Las Serenas
73-315 Country Club Drive Sample Page 295 of 570
100-one bedroom, 50 one-bedroom + Den (150 Total Units)
Amenities: Community Clubhouse, Computer Room with Internet
Access, 3 Pools, 1 Spa, Recycling Containers in each Unit, and Assigned
Covered Parking.
8. Laguna Palms
73-875 Santa Rosa
4 studios, 16 one-bedroom, 28 two-bedroom (48 Total Units)
Amenities: Pool, Children's Play Area, Laundry Facility, Recycling
Containers in each Unit, Community Courtyard
9. California Villas
77-107 California Drive
140 one-bedroom, 1 two-bedroom (141 Total Units)
Amenities: Resident Service Building, Computer Room with Internet
Access, Recycling Containers in each Unit, Pool, Spa and Laundry Facility
10. Palm Village Apartments
73-650 Santa Rosa Way
36 two-bedroom (36 Total Units)
Amenities: Laundry Facility, Recycling Containers in each Unit,
Children's Play Area, and Covered Parking
11. Candlewood Apartments
74000-74002 Shadow Mountain Drive
26 one-bedroom, 4 two-bedroom (30 Total Units)
Amenities: Pool, Spa, Laundry Facility, Recycling Containers in each
Unit, Assigned Covered Parking, and Shared Community Room
12. La Rocca Villas
42-135 Golden Eagle Lane
27 one-bedroom (27 Total Units)
Amenities: Laundry Facility, Resident Service Building, Common Area,
Covered Parking and ADA Accessibility
13. Sagecrest Senior (includes vacant property to the North and West)
73-811 Santa Rosa Way
14 Studios (14 Total Units)
Amenities: Laundry Facility, Recycling Containers in each Unit, Assigned
Covered Carport Parking, Community Courtyard, and Elevator
14. Carlos Ortega Villas
77-915 Avenue of the States
72 one-bedroom, 1 two bedroom (73 Total Units)
Amenities: Community Clubhouse, Computer Room with Internet Access, Pool
with ADA Access, Laundry Facility, Recycling Containers in each Unit, and
Covered Parking.
Sample Page 296 of 570
15. Santa Rosa
73-625 Santa Rosa Way
20 two-bedroom (20 Total Units)
Amenities: Laundry Facility and Covered Parking Sample Page 297 of 570
EXHIBIT B
[intentionally omitted]
Sample Page 298 of 570
EXHIBIT C
MANAGEMENT OFFICES
Location of Management Offices
One Quail Place
(located in management office)
Las Serenas
(located in management office)
Catalina Gardens
(located in management office)
Desert Pointe
(located in management office)
California Villas
(located in management office)
Laguna Palms
(located in management office)
Locations Managed
One Quail Place
Las Serenas and La Rocca Villas
Catalina Gardens, The Pueblos,
Candlewood Apartments, and Sagecrest
Senior
Desert Pointe, Taos Palms and
Neighbors Apartments
California Villas
Laguna Palms and Palm Village
Apartments
Sample Page 299 of 570
EXHIBIT D
DEPOSIT ACCOUNTS
The following security deposit accounts shall be maintained by the Manager for
the benefit of the Authority:
The following operating deposit accounts shall be maintained by the Manager for
the benefit of the Authority:
Sample Page 300 of 570
EXHIBIT E
NON-COLLUSIVE AFFIDAVIT FORM
AFFIDAVIT
State of California )
)ss.
County of Riverside )
___________________________, being first duly sworn, deposes and says:
That he is ___________________________, the party making the foregoing proposal
or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly, sought by
agreement or collusion, or communication or conference, with any person, to fix the bid
price or affiant, or of any other bidder or to fix any overhead profit or cost element of
said bid price, or that of any other bidder or to secure any advantage against the
_________________________________________ or any person interested in the
proposed contract, and that all statements in said proposal or bid are true.
Signature of Person Making Affidavit:
____________________________________
Subscribed and sworn to me this _______ day of __________________, 20___
My commission expires __________________, 20___
Notary Public Signature:_______________________
Official Seal:
Sample Page 301 of 570
EXHIBIT F
PROPERTY STAFFING & SALARY RANGES
To be provided annually with the property budgets.
Sample Page 302 of 570
EXHIBIT G
PERFORMANCE CRITERIA
1. PROPERTY PORTFOLIO NET OPERATING INCOME COMPARISON
a. Current Budget Year: July - June
b. Budgeted vs. Actual = Variance
c. Vacancy Rate Analysis
2. RESPONSE TO RESIDENT COMPLAINTS
a. Response to service requests/turn around time
b. Response to resident complaints and concerns - monthly meetings
c. Response to resident complaints and concerns at site office
3. COMPLIANCE WITH AGREEMENT
a. Define any notable gross disparities from the Agreement on the
following:
i. Report preparation and submittal promptness
ii. Responsiveness to Authority requests
iii. Method of accounting
4. CAPITAL IMPROVEMENTS SCHEDULE
a. Deferred Capital Improvement Schedule
b. Capital Improvement Program
c. Maintenance and general appearance of properties
5. OPERATIONS
a. Operational procedures to be audited:
i. Compliance with Stipulation
ii. Compliance with all laws including those related to property
management, Fair Housing, and housing authorities
iii. Recertification
iv. Internal controls
v. Contract controls Sample Page 303 of 570
6. ACCOUNTING AUDIT
a. Review of Annual Audit Findings
b. Quarterly Audits
7. AFFORDABLE HOUSING PROGRAM
a. Housing Authority goals
b. Management Company goals
c. Program implementation
d. Compliance with local, state, and Federal regulations
e. Tenant Household Income Analysis
8. RESIDENT RELATIONS
a. Review summary responses of any resident surveys
b. Establishment of Tenant Exit Survey
9. GENERAL
a. General overview of previous operational year
Sample Page 304 of 570
EXHIBIT H
LIST OF FINANCIAL REPORTS REQUIRED
Monthly Reports
1. Payroll register and invoices (may be submitted after every payroll or
monthly).
2. Management Fee Report that includes Vacancies/Current Rental Activity
submitted with invoice.
3. Disbursement/Expense Journals for each check run.
4. General Ledgers for all Properties.
5. Check Registers for all Properties.
6. Monthly Bank Reconciliations with Outstanding Check Registers.
7. Balance Sheets and/or Trial Balances for all Properties.
8. Rent Rolls for all Properties.
9. Delinquent A/R for all Properties.
10. Prepaid Listing for all Properties.
11. Income Statements with Monthly Budget Variance as well as Annual
Variance.
12. Monthly Adjusting Journals.
13. Cash Receipts Journals.
Quarterly Reports
1. Security Deposit List for all Properties (If not included in the monthly rent
roll)
2. Status Report on Items over 90 days (Requests to the Board for write offs,
etc.)
Sample Page 305 of 570
Annual Reports Required
At Fiscal Year End:
1. Schedule of Accounts Payable
2. Schedule of Accounts Receivable
3. Inventory of all Agency and Authority personal property and readily
removable fixtures attached to the Properties.
4. Preliminary sets of Monthly closing reports, when requested.
5. Once audited, Final Set of all June Closing Reports
6. Schedule of Security Deposits Matching the Cash Held
7. The Report described in Section 21
At Calendar Year End:
1. Copies of the transmittals for Federal Reporting Requirements for W-2's
and 1099's
Analytical Reports:
1. Upon request of the Authority, reports analyzing various information required in
the above Financial Reports (May include summaries of all properties and/or
multi-year information). Sample Page 306 of 570
EXHIBIT I
Leasing Reports:
1. Monthly Occupancy and Average Rent Statement
2. Monthly Net Operating Income Statement
3. Replacement Lists maintained continuously due at least once annually on
June 30.
4. Resident Demographics Report
5. Service Request and Serious Complaints
6. Other reports as requested or as necessary to perform the requirements of
the Agreement.
Sample Page 307 of 570
EXHIBIT J
On-going services requiring written cost estimates include any required in Section 21 of
the Management Agreement as well as:
1. Landscape Contracts
a. Monthly Services
b. Annual Services including tree trimming, overseeding, and perennial
flowers
2. Pest Control
3. Pool Services
4. Replacement Carpet and Vinyl
5. Laundry Services
7. Air Conditioning/Heating Unit Servicing, Cleaning, and Replacement Services
8. Carpet Cleaning
9. Flooring and Housekeeping Cleaning Services
10. Environmental Testing and Cleaning Services
11. Moving Company Services
12. Golf Cart Repair and Maintenance Services
13. Courtesy Patrol Services
14. Towing Services
15. Solar Maintenance Services
16. Elevator Maintenance Services
Sample Page 308 of 570
EXHIBIT K
NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK
INFORMATION BY TYPE OF FUNDING
Source of
Information
Information Federal Funds Involved Federal Funds Not Involved
Investigation Disclosure &
Consent
Investigation Disclosure &
Consent
Law
Enforcement
Agencies
Illegal Drug Use Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Drug use that Interferes
with Health & Safety of
Others
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Sex Offenses Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
“Serious” crimes
Murder,
mayhem, rape,
burglary
Hate crimes
Offenses such as
firearms,
explosives
Felonies
involving drugs,
alcohol
Domestic
Violence
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Juvenile Records Prohibited N/A Prohibited N/A
Arrests Not Resulting in
Conviction
Prohibited N/A Prohibited N/A
State /
Federal
Government
Social Security Numbers Required Housing
Authority must
require &
applicant must
consent
May obtain Application
must indicate
disclosure is
voluntary Sample Page 309 of 570
Citizenship / Residency Required Housing
Authority must
require &
applicant must
consent
Prohibited N/A. But if
Housing
Authority has
unsolicited
evidence that
applicant is
undocumented,
it must reject
the application.
Income / Family
composition & tax info,
to verify eligibility
Required Housing
Authority must
require &
applicant must
consent
Required Housing
Authority must
require &
applicant must
consent.
Credit
Agencies
Investigative Consumer
Report
Credit History
Character
Reputation
Personal
Characteristics
Mode of Living
May Obtain Housing
Authority must
notify
applicant
May Obtain Housing
Authority must
notify applicant
Convictions
Civil Actions
Tax Liens
Outstanding
Judgements
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify
applicant
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify applicant
Bankruptcies
more than 10
years prior
Civil judgement
more than 7
years old
Prohibited N/A Prohibited N/A
Public
Records
Obtained
from Other
Sources;
Interviews
with
Neighbors,
Friends &
Associates
Relevant background
information
Creditworthiness
Credit Standing
Credit Capacity
Civil Actions
Convictions
Tax Liens
Outstanding
Judgements
May Obtain Must notify
applicant, if
basis for
denial.
Consent
recommended.
May Obtain Must notify
applicant, if
basis for denial.
Consent
recommended. Sample Page 310 of 570
Character
General
Reputation
Personal
Characteristics
Mode of Living
In addition to credit reporting agencies, background check information may be obtained
from Westlaw, Lexis, DataQuick, Merlin, Choice Point, and similar reputable resources.
SAMPLE CONSENT BY APPLICANT
“I understand that the Housing Authority or its agent will perform a background check as a part of determining
eligibility, including but not limited to obtaining information concerning my employment, credit history,
benefits, income, assets, and criminal history, and by my signature below, I hereby authorize the Housing
Authority or its agent to do so.”“I certify that the statements on this application are true and complete to the
best of my knowledge and belief and I understand that they will be verified. I understand that any false
statements made on this application or failure to make any required disclosures may cause me to be
disqualified from initial or continuing eligibility for housing assistance and may result in eviction. I further
understand that I am under a continuing obligation to inform the Housing Authority or its agent of any
changes to any of the information provided in this Application, and that failure to promptly inform the Housing
Authority or its Agent of any changes may cause me to be disqualified from initial or continuing eligibility for
housing assistance and may result in eviction.” Sample Page 311 of 570
Page 312 of 570
Page 313 of 570
Page 314 of 570
DRAFT for DISCUSSION
AGREEMENT FOR PROPERTY MANAGEMENT SERVICES
THIS AGREEMENT FOR PROPERTY MANAGEMENT SERVICES (this
“Agreement”) is made and entered into effective this January 1, 2024, by and between
the PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic having
a principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, (the
"Authority") and Falkenberg/Gilliam and Associates, Inc., a California Corporation, having
a principal place of business at 1560 W. Colorado Boulevard, Pasadena, CA 92270 (the
"Manager"). The Authority and the Manager may be referred to herein individually as a
"Party" and collectively as the "Parties."
RECITALS
A. The Authority is a public body, corporate and politic, designated to be the
operator of those certain real properties described on Exhibit A attached hereto and
incorporated herein by this reference (the "Properties").
B. The Manager is engaged in the business of managing, maintaining, repairing,
operating and leasing apartment buildings, and has represented to the Authority that the
Manager is experienced and competent in said business.
C. The Authority and the Manager desire to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual
and dependant covenants contained in this Agreement, the Parties agree as follows:
1. Effective Date. The effective date of this Agreement (the "Effective Date")
shall be January 1, 2024.
2. Appointment. The Authority hereby appoints the Manager and the
Manager accepts appointment as the manager of the Properties on the terms and
conditions set forth in this Agreement. The Parties acknowledge and agree that this
Agreement is only a Management Agreement between the Parties, that the Parties are
not joint venturers or partners, and that the Manager shall not be deemed to be an
employee of the Authority. The Manager shall at all times be an independent
contractor. The Manager agrees and covenants that it is not entitled to and will not take
any tax position that is inconsistent with being a service provider to the Authority with
respect to the Properties. By way of example only, the Manager hereby agrees and
covenants that it will not claim any depreciation or amortization deduction, investment
tax credit, or deduction for any payment of rent with respect to the Properties or any
portion thereof.
3. Professional Management Standards and the Administrative Plan.
(a) The Manager agrees to exert its best efforts, to furnish the services
Page 315 of 570
DRAFT for DISCUSSION
of its organization, and to exercise the highest degree of professional competence in
managing the Properties and to provide the Authority with the economic return consistent
with proper management under the guidelines provided by Authority for affordable
housing.
(b) The Manager shall manage, maintain, repair, operate and lease the
Properties consistent with other multi-unit apartment complexes or similar type properties
in the surrounding vicinity with comparable facilities and amenities.
(c) Notwithstanding the authority granted to the Manager by this
Agreement, the Manager agrees to abide by those standards and instructions that
Authority may issue from time to time in connection with the Administrative Plan (the
“Administrative Plan”). In the event of any inconsistency between this Agreement and the
Administrative Plan, this Agreement shall control. The Administrative Plan adopted by
Resolution No. HA-100, a copy of which shall be on file with the City Clerk, and any
amendments thereto, include the statements of policies of the Authority for the purpose
of property operations.
(d) The Manager hereby covenants and agrees to use the Manager's
best efforts to actively manage, maintain, repair, operate and lease the Properties at their
maximum potential, considering the Authority’s guidelines for affordable housing and the
Administrative Plan. Manager will provide copies of any procedural manuals created for
the purpose of implementing said Administrative Plan.
(e) The Manager shall be responsive to all tenant requests and concerns
in a timely manner and shall make its best efforts to satisfy tenant requests and concerns
at on-site offices. The Manager shall make its best efforts to notify Authority of tenant
requests and concerns which are likely to be expressed by a tenant directly to the
Authority. The Manager shall establish policies in order to address tenant requests and
concerns and resolution in the event of a dispute in accordance with the Administrative
Plan.
(f) Each of the Properties having sixteen (16) or more units shall have
a member of the Manager’s management staff that shall live on-site. The Authority shall
not be responsible for furnishings, equipment, postage, utilities, telephone, or such other
ancillary costs of the on-site staff. The specific apartment shall be approved by the
Authority prior to occupancy by staff. All other Properties having less than sixteen (16)
units shall have a caretaker that lives on-site. All Properties will have an emergency
contact available seven days a week, 24 hours a day.
4. Periodic Requirements
The Manager shall perform the following:
(a) Not less than once each week:
Page 316 of 570
DRAFT for DISCUSSION
(i) A member of the Manager’s management staff will walk each
property in its entirety to identify any items of concern that may or may not be visible from
frequently traveled thoroughfare and prepare a detailed report of findings to be provided
to Authority monthly.
(ii) Inspect all mechanical and physical systems located on the
Properties and provide a report to Authority of said inspections monthly.
(b) Not less than once during every calendar month:
(i) Analyze the occupancy level of the Properties.
(ii) Analyze the financial condition of the Properties including,
without limitation, cash flow, income, expenses, and per unit average cost.
(iii) Provide Authority with a report regarding the status of
maintenance and repair projects including those in process, upcoming, completed, and
those that have not been completed or which are recommended and have not yet been
implemented, and which are to be carried over to the next fiscal year.
(c) Not less than once annually on or before February 1st:
(i) Prepare and deliver to Authority a comprehensive financial
budget plan (Plan), described in Section 18, including reserve accounts where applicable,
for the Properties for the upcoming fiscal year operations July 1 to June 30.
(ii) Examine the general condition of the Properties, prepare a list
of needed repairs and maintenance, and deliver that list to Authority along with the
estimated costs for review. Once reviewed by Authority, incorporate estimations into the
Plan. Said list will include all items identified by the Manager and be prioritized by the
Manager in order of necessity. (i.e. Critical, Health and Safety, Necessary, Preventative,
etc.)
(d) The Manager will notify Authority of work, supplies, services,
maintenance, or repairs (emergency or otherwise) that were not included in the current
operating budget but that may be necessary prior to the next operating budget year:
(i) In December of each year, the Manager will provide Authority
a report of necessary budget adjustments to be made for work that was pre-approved by
the Authority and estimates of anticipated work that is necessary.
(ii) In the event there are items that have not been included in the
Plan or in Section 4(d)(i), above, then as necessary, the Manager will provide a report of
those items by priority to the Authority. Authority staff will determine whether said
requests should be forwarded as a special item to the Palm Desert Housing Commission
(the “Authority Board”).
Page 317 of 570
DRAFT for DISCUSSION
(e) On the basis of the information gathered pursuant to Sections (a)-(d)
of this Section 4, the Manager shall recommend in writing amendments and updates to
the Administrative Plan at least once annually. The proposed amended Administrative
Plan, together with any recommendations of the Manager for achieving maximum
economic return of the Properties in light of the affordable housing requirements of the
Properties, shall be submitted to the Authority. The Manager will continually review the
Administrative Plan for the purpose of keeping the Authority advised of necessary or
desirable changes.
(f) Crime-Free Multi Housing Program. Throughout the term of this
Agreement, the Manager covenants and agrees to participate in and fully complete the
City’s Crime-Free Multi Housing Program for the Properties. Evidence of compliance with
this requirement shall be forwarded annually to the Authority within said twelve (12) month
period.
5. Determination of Performance Criteria. The Parties have developed
various performance criteria categories which will be used to evaluate the performance
of the Manager. Such performance criteria categories are described on Exhibit G
attached hereto and incorporated herein by reference.
6. Term. The Parties agree that the term ("Term") of this Agreement shall be
for 60 months, commencing January 1, 2024 and ending December 31, 2028, and may
be extended in accordance with the provisions of Section 28 below. Following the initial
term of the contract, the Authority may opt to extend the contract for two (2) additional
terms of three (3) years each term and expiring December 31, 2034. Contract extensions
may be exercised contingent upon satisfactory performance and at the sole discretion of
the Housing Authority, and in accordance with the provisions of Section 28 below.
7. On-Site Management Office. The Authority shall provide adequate space
on the Properties for a management office in accordance with Exhibit C attached hereto
and incorporated herein by this reference. The Manager shall prepare and submit
designs and budget for pre-approval to furnish and/or refurbish the management offices.
The Authority shall pay all approved expenses related to such office, including, but not
limited to, furnishings, equipment, postage, office supplies, electricity, telephone,
answering service, and security monitoring services, if any. The Authority shall retain
ownership of all of the foregoing purchases.
8. Information on the Properties. The Manager acknowledges that it has been
furnished with any available building plans and specifications as well as environmental
reports, if available, for each of the Properties. The Manager also acknowledges that it
has received copies of any available manufacturer's preventive maintenance schedules,
guarantees and warranties pertinent to the fixtures, mechanical equipment, and
appliances used in the operation of the Properties. The Manager shall maintain files for
each of the Properties with current plans and specifications, environmental reports,
manufacturer's preventive maintenance schedules, guarantees and warranties pertinent
to any new installations, repairs, fixtures, appliances as well as any equipment, used in
the operation of the Properties.
Page 318 of 570
DRAFT for DISCUSSION
9. Familiarity With Equipment. The Manager has become thoroughly familiar
with the character, location, construction, layout, plan and operation of the Properties,
and especially of the electrical, heating, plumbing, air conditioning and ventilation
systems, and all other mechanical equipment, and the Manager shall maintain such
familiarity.
10. Leasing. The Manager will act as the Authority's exclusive agent in leasing
the dwelling units (each, a “Unit”, and collectively, the "Units") in the Properties. The
following provisions will apply:
(a) The Manager shall use all reasonable efforts to keep the Properties
leased by procuring tenants for the Properties and negotiating and executing on behalf of
the Authority all leases for the Units. The Manager is authorized to enter into and execute
initial leases with tenants for a minimum term of six (6) months and a maximum term of
12 months without the further written approval of the Authority. The Authority shall provide
the Manager with income and rent guidelines for each of the Properties annually or as
frequently as Department of Housing and Community Development (“HCD”) issues
adjustments to the Riverside County Median Income levels. Such guidelines shall include
a provision for utility allowances, if applicable, as set by the Riverside County Housing
Authority which are in effect at the time the rents are established. Any lease for a shorter
or longer period shall require the prior written consent of the Authority. The Manager shall
also submit to the Authority copies of all notices terminating any tenant leases and all
notices to vacate served on any tenant prior to the expiration of the lease term or after
the expiration of the lease term if tenancy has converted to month-to-month, together with
an explanation for the applicable notice. The Manager shall provide Authority with the
equipment detail of each Unit annually for the purpose of determining the proper utility
allowances by March 1st of each year.
(b) The Manager shall lease all the Units in accordance with the terms
of this Agreement, in compliance with all applicable federal, state, and local laws, in
accordance with the Administrative Plan and any further direction from the Authority.
(c) The Manager will be responsible for screening and selection of
existing and prospective tenants in accordance with affordable housing guidelines and
applicable federal, State and local laws. The Manager will follow the tenant selection
policy described in the Administrative Plan and will show the Properties to all prospective
tenants who qualify under the Authority’s affordable guidelines based on the waiting list
policy and Unit availability.
(d) The Manager will prepare and verify eligibility certifications and
recertifications in accordance with the guidelines established by the Authority. Rents will
be adjusted pursuant to the Rent Setting Policy of the Authority adopted by Resolution
HA-62, a copy of which shall be on file with the City Clerk, and any amendments thereto.
(e) The Manager shall not decline to lease any Unit on the Properties to
a prospective tenant, or otherwise discriminate, on the basis of race, color, national origin,
Page 319 of 570
DRAFT for DISCUSSION
ancestry, sex, gender, gender identity, gender expression, religion, physical or mental
disability, genetic information, marital status, familial status, sexual orientation, or any
other classification then protected by law.
(f) Prior to executing any lease with a tenant, the Manager shall obtain
the written consent of the prospective tenant to perform a complete background check,
and shall perform same, including: (1) investigate the financial ability and history of the
prospective tenant to pay rent, (2) perform necessary credit checks, (3) obtain references
from employers and prior landlords, (4) verify the income of tenants as specified in the
Administrative Plan, (5) verify all matters that are required to be checked by federal and/or
state law, in accordance with the type of affordable funding involved, and (6) verify those
matters that may and should be checked to ensure and promote the safety and welfare
of all tenants of the Properties, the Manager’s staff and the public. A non-exclusive list of
the required and permissive verifications, consent language and sampling of reputable
online resources are set forth in Exhibit K, as may be modified by changes in applicable
law. The Manager shall comply at all times with applicable federal, state and local law in
all aspects of the tenant screening and application process.
11. Security Deposits. The Manager will collect, deposit, and disburse security
deposits in accordance with the terms of each tenant's lease. The amount of each
security deposit will be as specified in the Administrative Plan or applicable law. The
collection and disbursement of security deposits will also be governed by the then
applicable state and local laws. All tenant security deposits will be placed in one or more
trust accounts separate from all other accounts and funds of the Manager and/or the
Authority. The security account or accounts will be established at a bank as specified by
the Authority whose deposits are insured by an agency of the United States government.
The security deposit account or accounts will be carried in the Authority's name and
designated on record as “PDHA Security Deposit Account” and in addition, the Director
of Finance of the City of Palm Desert (the "Director of Finance"), his/her designees, and
up to four designated representatives of the Manager shall be included as signatories to
the security deposit account or accounts. The balance of the security deposit account or
accounts shall not be used to pay general operating expenses without the written consent
of the Authority. Notwithstanding the foregoing, security deposits received must be
documented and accounted for at all times and the Manager must comply with any
applicable state and local laws concerning interest payments on security deposits. The
number and structure of security deposit accounts is set forth in Exhibit D attached hereto
and incorporated herein by this reference.
12. Collection of Rents and Other Receipts. The Manager will collect when due
all rents, charges and other amounts receivable on the Authority's account in connection
with the management, maintenance, repair, operation, and leasing of the Properties.
Such receipts (except for tenants’ security deposits, which will be handled as specified in
Section 11 above) will be deposited in an account or accounts (the “General Operating
Account”), separate from all other accounts and funds, of the Manager, at the bank as
specified by the Authority whose deposits are insured by an agency of the United States
Government. This account or accounts will be carried in the Authority's name and
designated on record as “PDHA General Operating Account" and in addition, the
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Financial Operations Manager, the Director of Finance, his/her designees, and up to four
designated representatives of the Manager shall be included as signatories to this
account, or accounts. The number and structure of operating accounts is set forth in
Exhibit D attached hereto and incorporated herein by this reference.
13. Enforcement of Leases. The Manager will ensure full compliance by each
tenant with the terms of that tenant's lease. Involuntary termination of tenancies shall
comply with all applicable laws and regulations. The Manager is designated as the
Authority’s agent with the right to enter and take possession of the Units, in accordance
with applicable law, and shall lawfully terminate any tenancy when, in the Manager's
reasonable judgment, sufficient cause (including, but not limited to, nonpayment of rent)
for such termination occurs under the terms of the tenant's lease. For this purpose, the
Manager is authorized to consult with legal counsel qualified to bring unlawful detainer
actions and to execute notices to vacate and judicial pleadings incident to such actions.
The Manager shall keep the Authority informed of such actions and follow such direction
as the Authority may provide for the conduct of any such action. Attorney’s fees and costs
incurred in connection with unlawful detainer actions will be paid out of the General
Operating Account as an expense of the Properties. Notwithstanding the foregoing, the
Manager is at all times ultimately responsible for the enforcement of leases. Payment by
the Authority of legal fees and costs incurred in connection with unlawful detainer actions
does not create an attorney-client relationship between the Authority and the Manager’s
unlawful detainer legal counsel.
14. Maintenance and Repair. The Manager will maintain the Properties in
good, clean, safe and sanitary condition in accordance with the Administrative Plan and
local codes and in a condition acceptable to the Authority at all times. This will include,
but not be limited to, cleaning, painting, plumbing, grounds care, and such other
maintenance and repair works as may be necessary, subject to any limitations imposed
by the Authority in addition to those contained herein. The Manager will ensure all
vendors maintain the required licensing, insurance, permits, and approvals for any work
performed in accordance with this Agreement, as well as all local, state, and federal codes
and regulations. The Manager will maintain an on-site property entry log for all vendors.
Incident thereto, the following provisions will apply:
(a) The Manager will complete preventative maintenance activities in the
most cost effective and efficient manner as possible, while maintaining the quality of the
Properties.
(b) The Manager will contract in compliance with Section 21 hereof with
qualified independent contractors for the maintenance and repair of roofs, air-conditioning
and heating systems, and for extraordinary repairs beyond the capability of regular
maintenance employees.
(c) The Manager is aware of the requirements of California Labor Code
Section 1720 et seq., 1770 et seq., and California Code of Regulations, Title 8, Section
16000 et seq. (“Prevailing Wage Laws”) which require the payment of prevailing wage
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rates and the performance of other requirements on “public works” and “maintenance”
projects. The projects performed under this contract may be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. If the services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
the Manager agrees to fully comply with such Prevailing Wage Laws, including but not
limited to requirements related to public works contractor registration and maintenance
and submittal of certified payroll records. The Authority shall provide the Manager with a
copy of the prevailing rates of per diem wages in effect at the commencement of this
Agreement. The Manager shall make copies of the prevailing rates of per diem wages
for each craft, classification or type of worker needed to execute the services and shall
post copies of the Manager’s principal place of business and at the project site. The
Manager shall defend, indemnify, and hold the Authority, its elected official officers,
employees, and agents free and harmless from any claim or liability arising of any failure
or alleged failure to comply with the Prevailing Wage Laws.
(d) The Manager will systematically receive and investigate all service
requests from tenants, take such action thereon as may be warranted and will keep
records of the same. Service requests will be addressed within four working days;
provided, however, emergency requests will be received and serviced on a 24-hour basis.
The Manager shall promptly investigate and respond to serious complaints as
appropriate, and shall comply with all applicable federal and state laws in connection with
same, including but not limited to the requirements of the Fair Employment and Housing
Act and other applicable fair housing laws, and shall promptly report such complaints and
the Manager’s response thereto to the Authority. The Manager shall advise tenants to
report to law enforcement all complaints involving actual or threatened criminal activity.
The Manager shall provide the Authority with a monthly summary of all serious complaints
received by the Manager. This summary shall include a brief description of each
complaint and the Manager’s response thereto.
(e) The Manager is authorized to purchase while complying with the
provisions of Section 21, on behalf of the Authority, all materials, equipment, tools,
appliances, supplies and services necessary for proper maintenance and repair. The
Authority shall retain ownership of all said materials, equipment, tools, appliances and
supplies.
(f) Notwithstanding any of the foregoing provisions, the prior written
approval of the Authority will be required for any maintenance or repair project in which
the overall cost is expected to exceed $15,000 for labor, materials, and/or otherwise in
connection with the maintenance and repair of the Properties. This limitation does not
apply to recurring expenses within the limits of the operating budget or to emergency
repairs involving manifest danger to persons or properties, or that are required to avoid
suspension of any necessary service to the Properties. In the latter event, the Manager
will inform the Authority in writing of the facts as promptly as possible. For purposes
herein, “recurring expenses” shall include utilities, pest control, laundry services, pool
services, courtesy patrol, regulatory permits, and vermin extermination.
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(g) The Manager shall enter into all service contracts (such as pool
maintenance/repair, laundry, vermin extermination and landscape maintenance) in
accordance with Section 21 and maintain all required permits and approvals on
equipment, pools, facilities, etc. for each of the Properties.
(h) The Manager shall not undertake any work of construction or any
work which would modify or change the exterior of any building or grounds.
15. Utilities and Services. The Manager will make arrangements for water,
electricity, gas, sewage and trash disposal, telephone and cable service for the
Properties. The Manager will enter into such contracts as may be necessary to secure
such utilities, acting as Manager for the Authority.
16. Employees.
(a) All personnel of the Manager involved with the management,
maintenance, repair, operation or leasing of the Properties will be employees of the
Manager and will be hired, paid, directed, supervised, and discharged by the Manager.
The Manager will provide sufficient resources (staff and/or services) in order to fulfill its
obligations to the Authority under the terms of this Agreement. All costs associated with
hiring and discharging of such employees will be borne by the Manager. The Manager
warrants that it has established employment policies in accordance with employment laws
and said policies include a drug free work place or similar substance abuse policy, a zero-
tolerance violence in the workplace policy and all other policies mandated by state and
Federal law. The Manager warrants that all of its employees meet all qualifications,
licensing and code requirements, applicable to completing assigned tasks. The Manager
warrants that training will be provided to employees as may be required by local, state or
federal law and will be conducted by an individual or entities qualified to provide such
training. It is understood that, subject to sub-Sections (b) and (c), below, all direct costs
associated with employees working "on-site" and specifically identified on Exhibit F will
be borne by the Authority to include their direct salary (but not bonuses), Social Security
taxes, employment taxes, medical insurance, Pension Plan, Worker's Compensation,
uniforms, Housing allowance and other benefits (if applicable). The Authority shall have
the right to interview and approve the hiring of any prospective site managers or regional
(non-site specific) staff included in Exhibit “F”. Only the cost of those positions set forth
on Exhibit F shall be paid by the Authority. Positions may be added, deleted or modified
from Exhibit F based on property need with approval of the Manager and the Executive
Director of the Authority. Notwithstanding the foregoing, all personnel of the Manager are
exclusively the employees of the Manager, and not of the Authority.
(b) The Manager shall have full and exclusive responsibility and liability
for payment of all federal, state and local payroll taxes and for contributions for
unemployment insurance, Social Security (FICA) and other benefits imposed or assessed
under any provision of law or by regulation, and which are measured by salaries, wages,
or other remuneration paid or payable by the Manager to its employees engaged in any
work in connection with this Agreement or indicated herein, for the payment of which the
Authority will reimburse the Manager, subject to the written approval of the Finance
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Director. The Manager shall have full and exclusive responsibility and liability for the
withholding and payment of any income taxes required to be withheld from the wages or
salaries of said employees under any provision of law or regulation. The Manager agrees
to save and hold the Authority harmless from all claims for penalties, interest, or costs
which may be assessed under any law or any rules or regulations thereunder with respect
to its failure or inability to perform the aforesaid responsibilities.
(c) Upon ten days demand from the Authority, the Manager shall cause
any employee of the Manager to be removed from the Properties, at the Manager's sole
cost and expense.
(d) The Manager shall be solely responsible for the methods and means
of managing its personnel to achieve the desired results. Authority’s authority over and
involvement in the Manager’s employment matters shall be limited consistent with the
Manager’s status as sole employer of its employees.
17. Disbursements from General Operating Account.
(a) From the funds collected and deposited by the Manager in the
General Operating Account pursuant to Section 12 above, the Manager will make or
request the following disbursements promptly when payable:
(i) The Manager shall request from the Director of Finance of the
Authority reimbursement to the Manager for the actual compensation payable to
employees specified in “Exhibit F”, together with the actual cost of the medical insurance,
dental insurance, life insurance, Workers Compensation insurance, and taxes and
assessments payable to local, state and federal governments actually paid by Manager
in connection with the employment of such employees, as determined by the Manager
and approved by the Director of Finance of the Authority, or his/her designees. The
Manager shall be required to provide the Director of Finance of the Authority, or his/her
designee, with financial statements or other documentation, as may be reasonably
requested by the Director of Finance of the Authority, or his/her designee, substantiating
the requested reimbursement.
(ii) Notwithstanding the provisions of sub-Section (a)(i), above,
the Manager shall make disbursements of all sums otherwise due and payable by the
Authority as expenses of the Properties authorized to be incurred by the Manager under
the terms of this Agreement, including compensation payable to the Manager, pursuant
to Section 27 below, for its services hereunder.
(iii) All checks between $2,500 and $4,999 shall require at least
two signatures. All checks over $5,000 shall require at least two signatures, one of which
must be the signature of an authorized representative of the Authority.
a. Check requests for second signature must be
accompanied by adequate documentation to ensure that vendor limits are not exceeded.
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(iv) All wire transfers will be initiated by the Director of Finance of
the Authority or his/her designee.
(b) Except for the disbursements mentioned in Section 12 above, funds
will be disbursed or transferred from the General Operating Account only as the Authority
may from time to time direct in writing. The Manager reimbursement checks in excess of
$500 shall require signatures of both the authorized signatory of the Manager and the
Finance Director of the Authority or his/her designee.
(c) In the event the balance in the General Operating Account is at any
time insufficient to pay disbursements due and payable under Section 17(a) above, the
Manager will inform the Authority prior to disbursing funds of that fact and the Authority’s
Director of Finance will then remit to the Manager sufficient funds to cover the
delinquency. In no event will the Manager be required to use its own funds to pay such
disbursements that are directly related to the operation of the Properties.
(d) The Authority will pay for or reimburse to the Manager only those
expenses that are expressly authorized by this Agreement to be borne by the Authority.
Any expenses incurred by the Manager as a result of any legal judgment or administrative
ruling against the Manager or its officers, employees or agents, or any monetary
settlement in lieu of same to resolve any dispute, or the costs incurred by the Manager in
connection therewith, including attorneys' fees for advice to or defense of the Manager,
shall be the sole responsibility of the Manager. In the event any Authority monies have
been disbursed for this purpose, the Manager shall immediately reimburse Authority. The
Authority may, in its sole discretion, elect to pay or reimburse the Manager for all or a
portion of such expenses and/or costs if the Authority deems that to be in the best
interests of the Authority or the community which it serves or to promote the public health,
safety and/or welfare, and only upon written agreement between the Authority and the
Manager, signed by each of the Parties.
18. Budgets. The Manager will prepare and submit annual operating budgets
for the Properties in forms satisfactory to the Director of Finance, which budgets shall
include but not be limited to the following: Current Year Final Budget Adopted; Current
Year Expected Actual; Upcoming Year Budget Request; Detailed Descriptions for any
marginal deviations from Current Year; Detailed Descriptions for any Capital
Expenditures for each Property; including Reserve Accounts where applicable. and
Exhibit F described above. Except as permitted under Section 14(e) above, annual
disbursements for operating expenses will not exceed the amount authorized by the
approved budget without the prior written consent of the Authority. The Manager shall
prepare a recommended operating budget for each fiscal year during the term of this
Agreement, and shall submit to the Authority by March 1st of each year for the following
fiscal year (July 1 to June 30). Additionally, the Manager shall prepare and submit to the
Authority a budget for each fiscal year thereafter covering the period from July 1 through
the next following June 30. Each year of the term the Authority will promptly inform the
Manager of any changes incorporated in the approved budget, and the Manager will keep
the Authority informed of any material anticipated deviation from the receipts or
disbursements stated in the approved budget. The Manager may, upon the written
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request and after receipt of written approval of the Authority, make disbursements
exceeding the budgeted allowances within the budgeted categories for the Properties.
19. Records and Reports. In addition to any requirements specified in the
Administrative Plan or other provisions of this Agreement, the Manager will have the
following responsibilities with respect to accounts and reports:
(a) The Manager will establish and maintain, on a modified accrual
basis, a comprehensive system of records, books and accounts in a manner satisfactory
to the Authority. All records, books and accounts will be subject to examination at
reasonable hours by any authorized representative of the Authority. The Manager shall
maintain the books and records in good condition and order and shall preserve the books
and records for such time period as the Authority would be legally required to preserve
and maintain the books and records.
(b) The Manager will be subject to a quarterly review and an annual audit
conducted by a firm of the Authority's choice. The Manager agrees to make available all
applicable records to the Authority's auditors for annual review. The report will be
prepared in accordance with generally accepted auditing standards. The audit report
submitted by the audit firm will also be subject to a single audit at the Authority's
discretion. The preparer’s services will be an expense of the Authority.
(c) The Manager will furnish information as may be requested by the
Authority from time to time with respect to the financial, physical or operational condition
of the Properties, including, without limitation: (i) calculation and billing rent and other
tenant charges; (ii) maintaining accounts receivable and delinquency records; (iii)
maintaining rent rolls; (iv) processing and paying operating and capital invoices; (v)
recording activity and comparing such activity to budgeted amounts; (vi) reconciling all
expenditures; (vii) remitting excess funds to the Authority and requesting needed funds
from the Authority; (viii) processing payroll for personnel employed in the discharge of this
Agreement and in compliance with taxing authorities and other reporting requirements
associated with payroll; and (ix) reports detailed in Exhibit I.
(d) By the 20th day of each month, the Manager will furnish the Authority
with an itemized list of all delinquent accounts, including general operating accounts, as
of the tenth day of the same month.
(e) The Manager shall submit, to the Authority’s Finance Director those
reports set forth in Exhibit H on the periodic bases set forth in Exhibit H. Reports
designated as “monthly” on Exhibit H shall be submitted by the 20th day of each month;
reports designated as “quarterly” shall be submitted by the 20th day of every third month,
and reports designated as “annual” shall be submitted at the end of the fiscal year or the
end of the calendar year as set forth on Exhibit H. In explanation but not limitation of the
foregoing, the monthly reports to be submitted include: a statement of receipts and
disbursements during the previous month; a schedule of accounts receivable and
payable; reconciled bank statements for all accounts maintained by the Manager on
behalf of the Authority reflecting disbursements and deposit amounts as of the end of the
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previous month; a copy of general ledger account transactions and monthly aggregate
utility consumption by utility; and such other matters relative to the management,
operation, and maintenance of the Properties including actual income and expense
balances compared to budgeted or expected results as required by the Finance Director
of Authority. Additional reports may be requested throughout the year as the Authority
deems necessary.
(f) On the 20th day of each month, the Manager will submit to the
Authority the reports listed on Exhibit I attached hereto and incorporated herein by
reference, to assist the Authority in determining compliance with that certain Stipulation
for Entry of Judgment in case number Indio 51124 as consolidated with case numbers
Indio 51143 and 51159 which has been provided to the Manager.
(g) Confidentiality. All books, records, operating statements, leases,
and other material or information relevant to the operation or financial nature of the
Properties shall be maintained in the strictest confidence and shall not be available to any
employee or salesperson of any affiliate of Manager, nor to any other party without the
prior written consent of the Authority or under compulsion of law (e.g., subpoena).
20. Fidelity Bond. The Manager will place the Properties on a master fidelity
bond, which provides blanket coverage equal to two months gross rent potential. The
bond will provide coverage for all principals and agents of the Manager and all persons
who participate directly or indirectly in the management of the Properties and their assets,
accounts and records. The premiums for such a bond will be paid and borne by the
Manager. Specifically, coverage for the Manager, including all applicable persons in the
Manager's employ, will be paid by the Manager, and coverage for the Authority’s
personnel, if applicable, will be paid by the Authority. Said fidelity bond shall be issued
by a company which is reasonably acceptable to the Authority, and the Manager shall
deliver to the Authority a copy of said fidelity bond upon execution by the Authority of this
Agreement.
21. Bids, Discounts, Rebates or Commissions. The Authority and the Manager
agree to adhere to the City of Palm Desert’s purchasing policy procedures set for the in
Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto, when
obtaining contract materials, supplies and services for the Properties and to secure and
credit to the Properties all discounts, rebates and commissions obtainable with respect to
purchases, service contracts and all other transactions on behalf of the Properties. The
Manager agrees that no goods and services shall be purchased from individuals, related
companies and companies having a financial or pecuniary interest (a "conflict-of-interest")
with the Manager. All vendor accounts shall be opened in the Authority's name, upon
prior written approval of the Authority.
The Manager will develop detailed scopes of work, materials, supplies, equipment
and contractual services for any work or repair the cost of which may exceed $15,000 for
a single Unit or project. The Manager shall comply with the procedures set forth in
Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto, in
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connection with the purchase of any materials, supplies, equipment and contractual
services to be paid for by the Authority under this Agreement.
Copies of all required bids and documentation of all other written or verbal cost
comparisons made by the Manager shall be made part of the records of the Properties
and shall be retained for three years from the date the work was completed or as required
by the City of Palm Desert’s Retention Policy. This documentation shall be subject to
inspection by the Authority, or its designee and the Manager agrees to submit such
documentation upon request. Further, the Manager shall annually submit a report to the
Authority describing the outcome of all bidding procedures, which report shall include the
names of all bidders and the amount of their bids and shall indicate to which bidder the
contract was awarded.
The Manager agrees to make available to the Authority, when requested, all
records of the Manager, which relate to the provision of goods or services to the Authority
whenever funds from the Properties have been used to pay for such goods and/or
services (other than management services).
22. Resident Services Program. The Manager will be responsible for carrying
out any resident retention or social services program described in the Administrative Plan
and any other program or service that may become available that are in the best interest
of the residents or community to promote public health, public safety or tenant welfare.
23. Resident - Management Relations. The Manager will establish quarterly
meetings with tenants at Properties containing 150 or more units to encourage and
promote communication and tenants’ initiatives.
24. Defense, Indemnity and Hold Harmless Agreement. The Manager and
Authority agree that the Authority, the Successor Agency to the Palm Desert
Redevelopment Agency, the City of Palm Desert, and their respective officials, officers,
employees, and agents (collectively “Indemnitees”) should, to the extent permitted by law,
be fully protected against any loss, injury, damage, complaint, claim, lawsuit, cost,
expense, attorneys fees, litigation costs, defense costs, court costs or any other cost
arising out of or in any way related to the Manager’s performance of this Agreement.
Accordingly, the provisions of this defense, indemnity and hold harmless provision are
intended by the Parties to be interpreted and construed to provide the fullest protection
possible under the law to the Indemnitees. The Manager acknowledges that Authority
would not enter into this Agreement in the absence of the commitment of the Manager to
indemnify, defend, protect and hold harmless the Authority as set forth herein.
To the full extent permitted by law, the Manager shall indemnify, defend, protect
and hold harmless the Indemnitees from any liability, complaints, claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees
incurred by Authority, court costs, interest, defense costs including expert witness fees
and any other costs or expenses of any kind whatsoever without restriction or limitation
incurred in relation to, as a consequence of or arising out of or in any way attributable
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actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
All obligations under this provision shall be paid by the Manager as they are incurred by
the Authority. The Manager shall defend the Indemnitees, and bear the expense thereof,
with lawyers selected or approved by the Authority.
Without affecting the rights of the Indemnitees under any provision of this
Agreement or this Section 24, the Manager shall not be required to indemnify, defend,
protect and hold harmless the Indemnitees as set forth above for liability attributable
solely to the fault of the Indemnitees.
25. Professional Services Insurance Requirements. The Manager shall not
commence work under this Agreement until it has provided evidence satisfactory to the
Authority that it has secured all insurance required under this Section. In addition, the
Manager shall not allow any subcontractor to commence work on any subcontract until it
has provided evidence satisfactory to the Authority that the subcontractor has secured all
insurance required under this section.
Without limiting the Manager’s indemnification of the Authority, City of Palm Desert, the
Successor Agency to the Palm Desert Redevelopment Agency and prior to
commencement of Work, the Manager 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 satisfactory to the Authority.
(a) General Liability Insurance. The Manager shall obtain, at its sole cost
Commercial General Liability coverage “occurrence” form CG 00 01 or its exact
equivalent, with minimum limits of $2,000,000 per occurrence and $4,000,000 in the
general aggregate. Insurance is to be placed with insurers with a current A.M. Best and
Company rating level of A- or better, Class VIII or better, licensed to do business in
California, and satisfactory to the Authority. The Manager agrees to endorse third party
general liability coverage required herein to include as additional insureds the City of Palm
Desert, the Palm Desert Housing Authority, the Successor Agency to the Palm Desert
Redevelopment Agency, and their respective officials, officers, employees, volunteers,
and agents (collectively “Additional Insureds”). The acceptable additional insured
endorsement that must be submitted to the Authority is CG 20 10 or its exact equivalent,
specifying the Additional Insureds as additional insureds, and specifying that the insurer
shall provide at least 30 days notice to the Additional Insureds of any cancellation or
modification of coverage. Coverage shall apply on a non-contributing basis in relation to
any other insurance or self-insurance, primary or excess, available to the Additional
Insureds. Coverage shall not be limited to the vicarious liability or supervisory role of any
of the Additional Insureds. Insurance shall be issued as project specific to this agreement.
Excess or Umbrella Liability Insurance (Over the Primary) is required in the with minimum
limits of $5,000,000 and shall provide coverage at least as broad as specified for the
underlying coverages. Any such coverage provided under an umbrella liability policy, shall
include a drop down provision providing primary coverage above a maximum $25,000
self-insured retention for liability not covered by primary, but covered by the umbrella.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage for
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claims or suits by one insured against another; policies shall also have concurrent starting
and ending dates. Coverage shall be applicable to the Authority, the Successor Agency
to the Palm Desert Redevelopment Agency and/or City of Palm Desert for injury to
employees of the Manager, subcontractors of either the Manager or the Authority, or
others involved in the scope of this Agreement. The scope of coverage provided is subject
to approval by the Risk Manager following receipt of proof insurance as required herein.
(b) Automobile Liability Insurance. The Manager 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 Manager arising out of
or in connection with Work to be performed under this Agreement, including $1,000,000
combined single limit for each accident including coverage for any owned, hired, non-
owned or rented vehicles.
(c) Professional Liability (Errors & Omissions). The Manager shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of $1,000,000 per
occurrence/$2,000,000 aggregate and policy shall not exclude discrimination, fair
housing, American with Disabilities act, and sexual molestation violations. Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and the Manager agrees to maintain continuous coverage through a period
no less than three years after completion of the services required by this Agreement.
Covered professional services shall specifically include all work to be performed under
the Agreement and delete any exclusions that may potentially affect the work to be
performed (for example, any exclusions relating to lead, asbestos, pollution, testing,
underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on
a claims-made basis, the retroactive date shall precede the effective date of the initial
Agreement and continuous coverage will be maintained or an extended reporting period
will be exercised for a period of at least three (3) years from termination or expiration of
this Agreement.
(d) Workers’ Compensation/Employers' Liability Insurance. The
Manager shall procure and maintain Workers' Compensation insurance complying with
California workers’ compensation laws, including statutory limits for workers’
compensation and an Employer’s liability limit of $1,000,000 per accident or disease.
Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation
as respects the Authority, the Successor Agency to the Palm Desert Redevelopment
Agency, the City of Palm Desert, and their respective officials, officers, employees,
volunteers, and agents.
(e) Fidelity Coverage. Consultant shall provide evidence of fidelity
coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than
$1,000,000 per occurrence.
(f) Cyber Liability Insurance. Consultant shall procure and maintain
Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall
include the following coverage:
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i. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination, or use of the confidential
information.
ii. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
iii. Liability arising from the failure of technology products
(software) required under the contract for Consultant to properly perform the services
intended.
iv. Electronic Media Liability arising from personal injury,
plagiarism or misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property rights.
v. Liability arising from the failure to render professional
services.
(g) Evidence of Insurance. The Manager shall provide evidence of the
insurance required herein, satisfactory to the Authority, consisting of certificate(s) of
insurance evidencing all of the coverages required by this Agreement, and an additional
insured endorsement to the Manager's Commercial General Liability, and to the
Manager’s umbrella liability policies, using ISO form CG 20 10. In addition, the Manager
agrees to provide complete copies of all policies of insurance to the Authority annually or
upon request. The Certificate(s) shall reflect that the insurer will provide 30-days notice
of any cancellation or modification of coverage to the Additional Insureds, per the terms
of the policy. The Manager agrees to require its insurer to modify the certificates to delete
any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard to any
notice provisions. All insurance coverage and limits provided pursuant to this Agreement
shall apply to the full extent of the policies involved, available or applicable. Nothing
contained in this Agreement or any other agreement relating to the Authority or its
operations shall limit the application of such insurance coverage. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf and are
to be provided on standard ISO forms noted above. All endorsements are to be received
and approved by the Risk Manager prior to the commencement of work.
(h) No Limitation on other Insurance. Requirements of specific coverage
features or limits contained in this Section 25 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 and is not intended by any Party to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type.
(i) Subrogation. All general or auto liability insurance coverage provided
pursuant to this Agreement, or any other agreements pertaining to the performance of
this Agreement, shall not prohibit the Manager, its employees, or agents, from waiving
the right of subrogation prior to a loss. The Manager hereby waives all rights of
subrogation against the Authority, the Successor Agency to the Palm Desert
Redevelopment Agency, and the City of Palm Desert.
Page 331 of 570
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(j) Authority's Right to Purchase Replacement Insurance. In the event
any policy of insurance required under this Agreement does not comply with these
requirements or is canceled and not replaced, the Authority has the right but not the duty
to obtain the insurance it deems necessary and any premium paid by the Authority will be
promptly reimbursed by the Manager.
(k) Proof of Insurance. The Manager shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Such proof will be
furnished not more than 72 hours after the expiration of the coverage(s). Any actual or
alleged failure on the part of the Authority or any other of the Additional Insureds under
these requirements to request or obtain proof of insurance required under this Agreement
in no way waives any right or remedy of the Authority or any other of the Additional
Insureds, in this or any other regard.
(l) Subcontractor Proof of Insurance.
(i) Subcontractors Performing Recurring Work or Work in Excess
of $2500. The Manager shall require all subcontractors or other parties which provide (i)
recurring services to the Properties, or (ii) services in excess of $2,500 in a six month
Period (a "Major Subcontractor") to the Properties to provide the same minimum
insurance coverage required of the Manager and Workers Compensation insurance to
conform with the requirements of this section. The Manager 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. The Manager agrees that
upon request, all agreements with Major Subcontractor, or others with whom the Manager
contracts with on behalf of the Authority, will be submitted to the Authority for review. For
purposes of this Section a contractor or party hired for the work shall be deemed to be
performing "recurring work" in the event that contractor or party hired performs in excess
of a single segregated or discrete project in any six-month period. The Manager agrees
to obtain certificates evidencing such coverage and to make reasonable efforts to ensure
that such coverage is provided as required herein. Failure of the Authority to request
copies of such agreements will not impose any liability on or constitute waiver by the
Authority of its rights hereunder. The Manager agrees to require that no contract used by
any Major Subcontractor, or contracts the Manager enters into on behalf of the Authority,
will reserve the right to charge back to the Authority the cost of insurance required by this
Agreement.
(ii) Subcontractors Performing Nonrecurring Work or Work Less
Than or Equal to $2500. The Manager shall require all subcontractors or other parties
which provide (i) nonrecurring services to the Properties, and (ii) services in an amount
not to exceed $2,500 in a six-month Period (a "Nonrecurring Subcontractor") to provide
Commercial General Liability insurance in the amounts set forth below and Workers
Compensation insurance to conform with the requirements of this section. For purposes
of Section 25, a contractor or party hired for the work shall be deemed to be providing
"nonrecurring work," so long as that contractor or party hired for the work does not perform
Page 332 of 570
DRAFT for DISCUSSION
more than a single segregated or discrete project in a six-month period. In the event a
Nonrecurring Subcontractor performs more than a single discrete project in a six-month
period or work exceeding $2,500 in value, that Nonrecurring Subcontractor shall lose its
status as a “Nonrecurring Subcontractor” and shall be automatically deemed a “Major
Subcontractor”. The liability limits for Nonrecurring Subcontractors shall provide no less
than $500,000 per occurrence for all coverages and $500,000 in the general aggregate.
The Manager agrees to verify such coverage and make reasonable efforts to ensure that
such coverage is provided as required herein. The Manager agrees to require that no
contract used by any Nonrecurring Subcontractor, or contracts the Manager enters into
on behalf of the Authority, will reserve the right to charge back to the Authority the cost of
insurance required by this Agreement. The Manager agrees that upon request, all
agreements with Nonrecurring Subcontractors, or others with whom the Manager
contracts on behalf of the Authority, will be submitted to the Authority for review. Failure
of the Authority to request copies of such agreements will not impose any liability on the
Authority nor constitute a waiver of the rights of the Authority hereunder.
26. Compliance With Governmental Orders. The Manager will take such action
as may be necessary to comply promptly with any and all governmental orders or other
requirements affecting the Properties, whether imposed by federal, state, county or
municipal authority. Notwithstanding the foregoing, the Manager shall take no such action
so long as the Authority is contesting, or has affirmed its intention to contest, any such
order or requirement. The Manager will notify the Authority in writing of all notices of such
orders or other requirements as soon as possible from the time of their receipt.
27. Manager's Compensation. The Manager will be compensated for its
services under this Agreement by monthly management fees. Such fees will be payable
on the first day of each month, in arrears, for the services provided in the prior month for
the term of this Agreement. For the purpose of this Section, the term ‘occupied units’
shall include those Units which are currently leased, on notice to vacate, or temporarily
vacant due to a move out. The Management Fee (“Fee”) shall be calculated monthly
according to the following schedule:
(a) In the case of occupied units, each such monthly fee shall be in the
amount of $49.00 per Unit per month commencing on January 1, 2024, and an increase
of 3% commencing on January 1, 2026, and biannually every January 1st thereafter for
the remainder of the Term of this Agreement including contract extensions, if any); except
as follows:
(i) For Units where a Notice of Termination of Tenancy (“Notice”)
was provided by the tenant as required (30 calendar day notice) and a Unit remains
vacant for 30 calendar days or more, the Manager will not be entitled to the monthly fee,
except in those circumstances where the vacancy is the result of the Authority’s leasing
process for affordable Units.
(ii) For Units where no Notice was given, the tenant chose to ‘quit’
or the tenant skipped, and a Unit remains vacant for 45 calendar days or more, the
Manager will not be entitled to the monthly fee.
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(a) In the case of unoccupied Units (except those Units described in
Section 27(c-e) below), each such monthly fee shall be as follows:
(i) $49.00 per Unit per month for the first four months for Units
that have been determined, in the Authority’s sole and absolute discretion, to be
‘unrentable’ or ‘down’ due to physical condition or damage. Unless otherwise determined
by the Authority, the Manager is expected to repair said Units within the four months. If
the Manager fails to repair units within the given time, no fee will be paid until the unit is
available for occupancy.
(ii) No Fee will be paid for Units that are unrentable or down due
to action or inaction by the Manager.
(b) In the case of Units that are newly constructed or newly renovated
which will be added to Exhibit A, the Fee shall be $10 per Unit per month commencing at
such time as the construction/renovation has reached 90% completion as determined by
the contractor’s billing until Certificate of Occupancy, in the case of new Units, or
Certificate of Completion, in the case of renovated Units, is issued.
(c) In the case of Units which were ‘down’, as described in Section
27(b)(i) and direction has been given to the Manager by the Authority not to repair said
Units, commencing with the fifth month, the Fee shall be reduced to $20 per Unit per
month until the Manager is no longer responsible for said Units.
(d) Except as otherwise expressly provided in this Agreement, all
employees not identified in Exhibit F and other overhead expenses of the Manager
(including but not limited to costs of office supplies and equipment, postage,
transportation, travel expenses for managerial personnel and telephone services) will be
borne by the Manager. All services for management, accounting, and reporting, with
exception of the Authority's requested annual audit, shall be borne by the Manager.
In addition to the Management Fee, the site employees for the Properties
shall be paid based on the Employee Salaries listed on Exhibit F attached hereto and
incorporated herein by this reference.
28. Termination.
(a) Authority Termination for Convenience. Authority may terminate this
Agreement for convenience (a “Termination for Convenience”) by giving not less than 180
days written notice of termination. The notice of termination shall specify that the
termination is for the convenience of the Authority. Upon a Termination for Convenience,
the Authority shall continue to pay the Manager for all work performed up to the date of
the Termination for Convenience. The Manager shall be compensated only for those
services that have been satisfactorily rendered to the Authority until the date of the
Termination for Convenience, and the Manager shall be entitled to no further
Page 334 of 570
DRAFT for DISCUSSION
compensation. Authority shall not be liable for any post-termination costs, lost profits, or
other alleged damages resulting from a Termination for Convenience.
(b) Termination For Cause: Either Party may terminate this Agreement with
cause (a “Termination for Cause”) by giving written notice to the other Party not less than
90 days prior to the date of Termination for Cause. Any such written notice for cause
shall specify the default or cause for termination. If the default or cause for termination
specified has not been cured within 21 days of receipt of the notice, this Agreement shall
terminate on the date of termination set forth in the notice. Upon termination, the Manager
shall be compensated only for those services that have been satisfactorily rendered to
the Authority until the date of the Termination for Cause, and the Manager shall be entitled
to no further compensation.
(c) Termination at End of Term/Extension: At least ninety (90) days prior
to the automatic termination of this Agreement (the “Negotiation Period”), and unless
either Party has given timely notice under this Section prior thereto, the Parties shall
initiate negotiations for a new agreement for Property Management Services and use best
efforts and engage in good faith negotiations to finalize such agreement and obtain final
approval thereof prior to the automatic termination of this Agreement. In the event such
good faith efforts are not completed before the expiration of the Term, or in the event
either Party gives notice to the other during the Negotiation Period of its decision not to
enter into a further term, this Agreement may be extended for not more than ninety (90)
days after the giving of such notice or December 31, 2028, whichever is later, upon the
written authorization of the Executive Director of the Authority. Good faith negotiations
may include an extension of this Agreement up to an additional forty-eight (48) months
provided that any such extension shall require the authorization of the Authority Board
and shall be in writing, as an Amendment to this Agreement, signed by both Parties.
Nothing herein shall prevent the Housing Authority Board from electing to issue a Request
for Proposal for Property Management Services in lieu of negotiating with Manager.
(d) Bankruptcy. In the event that a petition in bankruptcy is filed by
either of the Parties, or in the event that either Party makes an assignment for the benefit
of creditors to take advantage of any insolvency act, this Agreement shall automatically
terminate.
(e) Sale of Properties. This Agreement shall automatically terminate,
upon the sale of the Properties, or as to any Property, on the sale of such Property, except
that, this provision shall not apply in the event of a sale, transfer, or re-conveyance by
and between the former Palm Desert Redevelopment Agency, the Authority, the
Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert,
and/or any related or successor agency or entity.
(f) Addition of Properties. In the event the Authority adds a property
to its operations portfolio, the Manager and Authority’s designee may agree in writing to
amend Exhibit A for the inclusion of said property. Such amendment shall be subject to
the terms and conditions herein from the effective date of the amendment.
Page 335 of 570
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(g) Exchange of Documents. Upon termination of this Agreement, the
Manager will submit to the Authority any financial statements requested by the Authority
and, after the Parties have accounted to each other with respect to all matters outstanding
as of the date of termination, the Authority will furnish the Manager security in form and
principal amount satisfactory to the Manager against any obligations or liabilities which
the Manager may properly have incurred on behalf of the Authority hereunder. All of the
cash trust accounts, investments, equipment and records for the Properties will be turned
over to the Authority within 30 days of the date this Agreement is terminated. The Parties
hereby covenant and agree that the Authority shall own the books and records for the
Properties and that the Manager shall hold the books and records for the Properties for
the benefit of the Authority for an agreed upon period at the time of termination.
29. Manager's Indemnification. Subject to the Manager's indemnification
obligations hereunder as set forth in Section 24, the Parties understand and agree:
(a) That the Authority has assumed and will maintain its responsibility
and obligation through the Term of this Agreement for the finances and the financial
marketability of the Properties; and
(b) That the Manager shall have no obligation, responsibility or liability
to fund authorized costs, expenses, or accounts other than those funds generated by the
Properties themselves or provided to the Properties or to the Manager by the Authority.
In accordance with the foregoing, the Authority agrees that the Manager shall have the
right at all times to withdraw payment of its compensation, as provided for under Section
27 of this Agreement, from the General Operating account or accounts, immediately when
such compensation is due and without regard to other property obligations or expenses
conditioned on the Manager having satisfactorily discharged all duties and responsibilities
under this Agreement. Moreover, the Authority hereby indemnifies the Manager and
agrees to hold it harmless with respect to costs, expenses, accounts, liabilities and
obligations of the Properties during the Term of this Agreement and further agrees to
guarantee to the Manager the payment of its compensation under Section 27 of this
Agreement during the Term of this Agreement to the extent that the Operating and
Maintenance Account for the Properties are insufficiently funded for this purpose. Failure
of the Authority at any time to abide by and to fulfill the foregoing shall be a breach of this
Agreement entitling the Manager to obtain from the Authority, upon demand, full payment
of all compensation owed to the Manager through the date of such breach.
30. Prohibition Against Assignment and Subcontracting Management Services.
The Manager shall not assign this Agreement or subcontract any management or other
services, without the express prior written consent of the Authority.
31. Notices. Except as otherwise provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or
given to either Party to this Agreement by the other Party shall be given in writing. All
such notices or other communications shall be deemed duly served and given when
personally delivered to the Party to whom they are so directed, or in lieu of personal
Page 336 of 570
DRAFT for DISCUSSION
service when deposited in the United States mail, first-class postage prepaid, addressed
to the respective Party as set forth below:
To the Authority:
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Housing Manager
To the Manager:
________________________
________________________
________________________
Either Party may change its address for the purpose of this Section 31 by giving
written notice of the change to the other Party in the manner provided in this Section.
32. General Provisions.
(a) Binding on Successors and Assigns. At all times, this Agreement will
inure to the benefit of and constitute a binding obligation upon the Parties and their
respective successors and assigns.
(b) Entire Agreement and Allowable Changes. This Agreement
constitutes the entire Agreement between the Authority and the Manager with respect to
the management and operation of the Properties, and all prior agreements between the
Authority and the Manager regarding the subject matter of this Agreement are hereby
superseded and replaced. Changes hereto must be made by supplemental written
agreement signed by the Parties. Exhibits hereto may be amended as necessary by the
written agreement of the Parties.
(c) Attorneys' Fees. If any litigation is commenced between the Parties
concerning the Properties, this Agreement, or the rights and duties of either Party with
respect to this Agreement, the Party prevailing in the litigation shall be entitled, in addition
to any other relief that may be granted in the litigation, to reasonable attorneys' fees and
costs.
(d) Ambiguities. Each Party and their counsel have participated fully in
the drafting of this Agreement. Any rule of construction to the effect that ambiguities are
to be resolved against the drafting Party shall not apply in interpreting this Agreement.
(e) Severability of Agreement. If a court or an arbitrator of competent
jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in
Page 337 of 570
DRAFT for DISCUSSION
whole or in part for any reason, the validity and enforceability of the remaining provisions,
or portions of them will not be affected.
(f) Approval by Authority. Whenever a provision of this Agreement
requires the delivery of documents or reports, notifications, determinations,
reimbursements or requests for funding, review, authorization or approval of the Authority,
such approval may be given by the Executive Director of the Authority or his/her designee,
unless Authority Board action is specified in this Agreement.
(g) Word Usage. Unless the context clearly requires otherwise, (a) the
plural and singular shall each be deemed to include the other; (b) the masculine,
feminine, and neuter genders shall each be deemed to include the others; (c) "shall,"
"will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and
(e) "includes" and "including" are not limiting.
Page 338 of 570
DRAFT for DISCUSSION
IN WITNESS THEREOF, the Parties have executed this Agreement on the date
first above written.
Authority:
PALM DESERT HOUSING AUTHORITY, a
public body, corporate and politic
By: _______________________________
___________, Chairman
ATTEST:
__________________________________
___________, City Clerk
APPROVED AS TO FORM:
__________________________________
Special Counsel
Manager:
By:
_______________________________
Title:
By:
_______________________________
Title:
Page 339 of 570
DRAFT for DISCUSSION
EXHIBIT A
(PROPERTIES)
PALM DESERT HOUSING AUTHORITY
AFFORDABLE HOUSING UNITS
1. One Quail Place
72-600 Fred Waring Drive
156-one bedroom, 228-two bedroom (384 Total Units)
Amenities: Gated Community, 4 Pools, 4 Spas, 4 Tennis Courts, Head
Start Day Care Center, Community Courtyard with Picnic Area, Children's
Play Area, Resident Library, Laundry Facilities and Covered Parking
2. Desert Pointe
43-805 Monterey Avenue
34-studio, 24-one bedroom, 6-two bedrooms (64 Total Units)
Amenities: Pool, Children’s Play Area, Gathering Area, Laundry Facilities
and Covered Parking
3. Neighbors Apts.
73-535 Santa Rosa Way
24-two bedrooms (24 Total Units)
Amenities: Pool, Laundry Facilities and Covered Parking
4. The Pueblos Apts.
73-695 Santa Rosa Way
15-one bedroom units (15 Total Units)
Amenities: Pool, Adjacent Community/Resident Services Building,
Laundry Facilities and Covered Parking
5. Catalina Gardens
73-600A Catalina Way
48-studios, 24-one bedroom (72 Total Units)
Amenities: Pool, Laundry Facilities, Covered Parking and
Community/Resident Services Building
6. Taos Palms
44-830 Las Palmas Avenue
16-two bedroom (16 Total Units)
Amenities: Gated Community with Telephone Entry Access, Pool,
Laundry Facilities and Privacy Railings
7. Las Serenas
73-315 Country Club Drive
100-one bedroom, 50 one-bedroom + Den (150 Total Units)
Page 340 of 570
DRAFT for DISCUSSION
Amenities: Resident Service Building, Computer Room with Internet
Access, 3 Pools, 1 Spa, Laundry Facilities and Covered Parking
8. Laguna Palms
73-875 Santa Rosa
4 studios, 16 one-bedroom, 28 two-bedroom (48 Total Units)
Amenities: Pool, Laundry Facilities, Community Gathering Area
9. California Villas
77-107 California Drive
140 one-bedroom, 1 two-bedroom (141 Total Units)
Amenities: Resident Service Building, Computer Room with Internet
Access, Library, Pool, Spa and Laundry Facilities
10. Palm Village Apartments
73-650 Santa Rosa Way
36 two-bedroom (36 Total Units)
Amenities: Laundry Facilities and Covered Parking
11. Candlewood Apartments
74000-74002 Shadow Mountain Drive
26 one-bedroom, 4 two-bedroom (30 Total Units)
Amenities; Laundry facilities, Pool and a Spa
12. La Rocca Villas
42-135 Golden Eagle Lane
27 one-bedroom (27 Total Units)
Amenities: Laundry Facility, Resident Service Building, Common Area,
Covered Parking and ADA Accessibility
13. Sagecrest Senior (includes vacant property to the North and West)
73-811 Santa Rosa Way
14 Studios (14 Total Units)
Amenities: Covered Carport Parking, Community Courtyard, Elevator
14. Desert Rose/Falcon Crest Single Family Residences
Various locations throughout the developments which are owned by the
Authority. Specific units will be assigned during the term of the agreement
by written amendment to this Exhibit.
Page 341 of 570
EXHIBIT B
[intentionally omitted]
Page 342 of 570
EXHIBIT C
MANAGEMENT OFFICES
Location of Management Offices
One Quail Place
(located in management office)
Las Serenas
(located in management office)
Catalina Gardens
(located in management office)
Desert Pointe
(located in management office)
California Villas
(located in management office)
Laguna Palms
(located in management office)
Locations Managed
One Quail Place
Las Serenas and La Rocca Villas
Catalina Gardens, The Pueblos, Candlewood Apartments, and Sagecrest Senior
Desert Pointe, Taos Palms and Neighbors Apartments
California Villas
Laguna Palms and Palm Village Apartments
Page 343 of 570
EXHIBIT D
DEPOSIT ACCOUNTS
The following security deposit accounts shall be maintained by the Manager for
the benefit of the Authority:
The following operating deposit accounts shall be maintained by the Manager for
the benefit of the Authority:
Page 344 of 570
EXHIBIT E
NON-COLLUSIVE AFFIDAVIT FORM
AFFIDAVIT
State of California )
)ss.
County of Riverside )
___________________________, being first duly sworn, deposes and says:
That he is ___________________________, the party making the foregoing proposal
or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly, sought by
agreement or collusion, or communication or conference, with any person, to fix the bid
price or affiant, or of any other bidder or to fix any overhead profit or cost element of
said bid price, or that of any other bidder or to secure any advantage against the
_________________________________________ or any person interested in the
proposed contract, and that all statements in said proposal or bid are true.
Signature of Person Making Affidavit:
____________________________________
Subscribed and sworn to me this _______ day of __________________, 20___
My commission expires __________________, 20___
Notary Public Signature:_______________________
Official Seal:
Page 345 of 570
EXHIBIT F
PROPERTY STAFFING & SALARY RANGES
To be provided annually with the property budgets.
Page 346 of 570
EXHIBIT G
PERFORMANCE CRITERIA
1. PROPERTY PORTFOLIO NET OPERATING INCOME COMPARISON
a. Current Budget Year: July - June
b. Budgeted vs. Actual = Variance
c. Vacancy Rate Analysis
2. RESPONSE TO RESIDENT COMPLAINTS
a. Response to service requests/turn around time
b. Response to resident complaints and concerns - monthly meetings
c. Response to resident complaints and concerns at site office
3. COMPLIANCE WITH AGREEMENT
a. Define any notable gross disparities from the Agreement on the
following:
i. Report preparation and submittal promptness
ii. Responsiveness to Authority requests
iii. Method of accounting
4. CAPITAL IMPROVEMENTS SCHEDULE
a. Deferred Capital Improvement Schedule
b. Capital Improvement Program
c. Maintenance and general appearance of properties
5. OPERATIONS
a. Operational procedures to be audited:
i. Compliance with Stipulation
ii. Compliance with all laws including those related to property
management, Fair Housing, and housing authorities
iii. Recertification
iv. Internal controls
v. Contract controls
Page 347 of 570
6. ACCOUNTING AUDIT
a. Review of Annual Audit Findings
b. Quarterly Audits
7. AFFORDABLE HOUSING PROGRAM
a. Housing Authority goals
b. Management Company goals
c. Program implementation
d. Compliance with local, state, and Federal regulations
e. Tenant Household Income Analysis
8. RESIDENT RELATIONS
a. Review summary responses of any resident surveys
b. Establishment of Tenant Exit Survey
9. GENERAL
a. General overview of previous operational year
Page 348 of 570
EXHIBIT H
LIST OF FINANCIAL REPORTS REQUIRED
Monthly Reports
1. Payroll register and invoices (may be submitted after every payroll or
monthly).
2. Management Fee Report that includes Vacancies/Current Rental Activity
submitted with invoice.
3. Disbursement/Expense Journals for each check run.
4. General Ledgers for all Properties.
5. Check Registers for all Properties.
6. Monthly Bank Reconciliations with Outstanding Check Registers.
7. Balance Sheets and/or Trial Balances for all Properties.
8. Rent Rolls for all Properties.
9. Delinquent A/R for all Properties.
10. Prepaid Listing for all Properties.
11. Income Statements with Monthly Budget Variance as well as Annual
Variance.
12. Monthly Adjusting Journals.
13. Cash Receipts Journals.
Quarterly Reports
1. Security Deposit List for all Properties (If not included in the monthly rent
roll)
2. Status Report on Items over 90 days (Requests to the Board for write offs,
etc.)
Page 349 of 570
Annual Reports Required
At Fiscal Year End:
1. Schedule of Accounts Payable
2. Schedule of Accounts Receivable
3. Inventory of all Agency and Authority personal property and readily
removable fixtures attached to the Properties.
4. Preliminary sets of Monthly closing reports, when requested.
5. Once audited, Final Set of all June Closing Reports
6. Schedule of Security Deposits Matching the Cash Held
7. The Report described in Section 21
At Calendar Year End:
1. Copies of the transmittals for Federal Reporting Requirements for W-2's
and 1099's
Analytical Reports:
1. Upon request of the Authority, reports analyzing various information required in
the above Financial Reports (May include summaries of all properties and/or
multi-year information).
Page 350 of 570
EXHIBIT I
Leasing Reports:
1. Monthly Occupancy and Average Rent Statement
2. Monthly Net Operating Income Statement
3. Replacement Lists maintained continuously due at least once annually on
June 30.
4. Resident Demographics Report
5. Service Request and Serious Complaints
6. Other reports as requested or as necessary to perform the requirements of
the Agreement.
Page 351 of 570
EXHIBIT J
On-going services requiring written cost estimates will adhere to the City of Palm Desert’s
purchasing policy procedures set for the in Ordinance No. 1392 of the City of Palm Desert,
and any amendments thereto as required in Section 21 of the Management Agreement
as well as for services listed below:
1. Landscape Contracts
a. Monthly Services
b. Annual Services including tree trimming, overseeding, and perennial
flowers
2. Pest Control
3. Pool Services
4. Replacement Carpet and Vinyl
5. Laundry Services
7. Air Conditioning/Heating Unit Servicing, Cleaning, and Replacement Services
8. Carpet Cleaning
9. Flooring and Housekeeping Cleaning Services
10. Environmental Testing and Cleaning Services
11. Moving Company Services
12. Golf Cart Repair and Maintenance Services
13. Courtesy Patrol Services
14. Towing Services
15. Solar Maintenance Services
16. Elevator Maintenance Services
Page 352 of 570
EXHIBIT K
NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK
INFORMATION BY TYPE OF FUNDING
Source of
Information
Information Federal Funds Involved Federal Funds Not Involved
Investigation Disclosure &
Consent
Investigation Disclosure &
Consent
Law
Enforcement
Agencies
Illegal Drug Use Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Drug use that Interferes
with Health & Safety of
Others
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Sex Offenses Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
“Serious” crimes
• Murder,
mayhem, rape,
burglary
• Hate crimes
• Offenses such as
firearms,
explosives
• Felonies
involving drugs,
alcohol
• Domestic
Violence
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Juvenile Records Prohibited N/A Prohibited N/A
Arrests Not Resulting in
Conviction
Prohibited N/A Prohibited N/A
State /
Federal
Government
Social Security Numbers Required Housing
Authority must
require &
applicant must
consent
May obtain Application
must indicate
disclosure is
voluntary
Page 353 of 570
Citizenship / Residency Required Housing
Authority must
require &
applicant must
consent
Prohibited N/A. But if
Housing
Authority has
unsolicited
evidence that
applicant is
undocumented,
it must reject
the application.
Income / Family
composition & tax info,
to verify eligibility
Required Housing
Authority must
require &
applicant must
consent
Required Housing
Authority must
require &
applicant must
consent.
Credit
Agencies
Investigative Consumer
Report
• Credit History
• Character
• Reputation
• Personal
Characteristics
• Mode of Living
May Obtain Housing
Authority must
notify
applicant
May Obtain Housing
Authority must
notify applicant
• Convictions
• Civil Actions
• Tax Liens
• Outstanding
Judgements
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify
applicant
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify applicant
• Bankruptcies
more than 10
years prior
• Civil judgement
more than 7
years old
Prohibited N/A Prohibited N/A
Public
Records
Obtained
from Other
Sources;
Interviews
with
Neighbors,
Friends &
Associates
Relevant background
information
• Creditworthiness
• Credit Standing
• Credit Capacity
• Civil Actions
• Convictions
• Tax Liens
• Outstanding
Judgements
• Character
May Obtain Must notify
applicant, if
basis for
denial.
Consent
recommended.
May Obtain Must notify
applicant, if
basis for denial.
Consent
recommended.
Page 354 of 570
• General
Reputation
• Personal
Characteristics
• Mode of Living
In addition to credit reporting agencies, background check information may be obtained
from Westlaw, Lexis, DataQuick, Merlin, Choice Point, and similar reputable resources.
SAMPLE CONSENT BY APPLICANT
“I understand that the Housing Authority or its agent will perform a background check as a part of determining
eligibility, including but not limited to obtaining information concerning my employment, credit history,
benefits, income, assets, and criminal history, and by my signature below, I hereby authorize the Housing
Authority or its agent to do so.”“I certify that the statements on this application are true and complete to the
best of my knowledge and belief and I understand that they will be verified. I understand that any false
statements made on this application or failure to make any required disclosures may cause me to be
disqualified from initial or continuing eligibility for housing assistance and may result in eviction. I further
understand that I am under a continuing obligation to inform the Housing Authority or its agent of any
changes to any of the information provided in this Application, and that failure to promptly inform the Housing
Authority or its agent of any changes may cause me to be disqualified from initial or continuing eligibility for
housing assistance and may result in eviction.”
Page 355 of 570
Page 356 of 570
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: October 12, 2023
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of October 12, 2023
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 14a: AWARD OF CONTRACT FOR AFFORDABLE HOUSING COMPLIANCE AND
PROPERTY MANAGEMENT SERVICES TO FALKENBERG/GILLIAM AND
ASSOCIATES, INC., FOR A FIVE-YEAR TERM, WITH AN INITIAL ANNUAL COST FOR
CALENDAR YEAR 2024 IN AN AMOUNT NOT TO EXCEED $655,032
Q1: Did the previous contract expire? If the City decided to not renew the contract, was it a
matter of cost, or was there cause?
A1: The current management agreement expires December 31, 2023. An RFP is customary when
the term expires. The current management company did not submit a proposal.
ITEM 14b: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 5.04 OF THE PALM
DESERT MUNICIPAL CODE REGARDING BUSINESS LICENSING AND TAXING
PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA
Q1: Will the City Council get notifications about revocations or suspensions independent of
Consent Calendar items?
A1: Yes, City staff will copy the City Council on any suspension and revocation letters.
ITEM 14d: AWARD CONTRACT TO SPORTS FACILITIES MANAGEMENT, INC., FOR THE
MANAGEMENT AND OPERATION OF THE PALM DESERT AQUATIC CENTER
Q1: In reviewing the materials there are ideas for movie night and food trucks; however, is
there going to be future discussion on adding water features to the Aquatic Center?
When will the City Council be presented with a fee structure and a 5-year business plan
from this new company and how much will the City need to subsidize?
A1: The Fiscal Year 2023/24 CIP budget includes $100,000 for design of updates to the aquatic
center. City staff intend to target new water features, outdoor showers, heaters, and other
updates to the pump room including the filtration system. The 5-year management fee
structure for Sports Facilities Management’s operation of the facility is included in the staff
report under Financial Impact. Estimated costs for salaries and other expenses to support the
aquatic center are also included in the table. If the contract is awarded to SFM, City staff will
work with their team to approve a transitional plan leading up to the January 1, 2024, full-
facility operation, and a business plan to set targets for the next 5 years.
Page 357 of 570
10/12/2023 Question & Answer Memo
Page 2 of 2
The updated scope of work for the management contract also includes metrics that will be
helpful for financial analysis. Considering the fee increase effective January 1, 2024, City staff
will analyze data available through Summer 2024 to determine how the fees and new
management contract have impacted operations from both the revenue and expense sides.
Page 358 of 570
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Richard D. Cannone, AICP, Development Services Director
REQUEST: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 5.04 OF
THE PALM DESERT MUNICIPAL CODE REGARDING BUSINESS
LICENSING AND TAXING PROCEDURES, AND MAKING A FINDING OF
EXEMPTION UNDER CEQA
RECOMMENDATION:
Introduce an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, UPDATING CHAPTER 5.04 REGARDING BUSINESS
LICENSING AND TAXING AND MAKING FINDINGS UNDER CEQA.”
BACKGROUND/ANALYSIS:
City Council provided prior direction to City staff to update the business license suspension
procedures in Chapter 5.04, to grant the City Manager the ability to suspend a business license
without having to wait for City Council authorization. The suspension and revocation procedures
of that chapter were originally adopted in 1974 and were last updated in 1983 to a lign with best
practices at the time. On August 24, 2023, the City Council provided additional feedback and
direction that the appeal body would remain as City Council instead of delegating that to a
hearing examiner. The update to Chapter 5.04 includes:
Logical reorganization – The proposed Ordinance includes essentially the same parts
as the existing municipal code chapter but reorganizes the chapter in a more logical way
so that there are fewer main sections with each main section being divided into
subsections titled by descriptive headings. The sections have been restructured in a more
user-friendly manner and simplified, making it easier for businesses and individuals to
navigate and understand the City’s business licensing and tax requirements.
For example, the existing chapter includes several different sections on exemption
procedure, statutory exemptions, and specific exemptions that have been tacked on at
different times. The proposed Ordinance includes a single section on exemptions that
includes subsections detailing the process for claiming an exemption,
statutory/Constitutional exemptions, and specific exemptions a llowed by the City.
Updated definitions – The proposed Ordinance updates several definitions, removes
superfluous definitions, and adds a few definitions, such as “tax administrator” and “city
manager” for clarity.
Page 359 of 570
City of Palm Desert
Chapter 5.04 Business License Update
Page 2 of 2
Updated procedures – The procedures for decision-making, notice, and appeal have
been improved. The proposed Ordinance includes updated processes for the tax
administrator (defined as finance director, or that person’s designee) to make decisions
regarding exemptions, license taxes due, penalties, and for the city manager (defined as
the city manager or that person’s designee) to make decisions related to
modifications/suspensions/revocations of existing licenses.
For example, the city manager may make a determination to modify, suspend, or revoke
a business license without having to first get City Council authorization to make such a
determination. The proposed Ordinance also includes several grounds for which a license
may be modified, suspended, or revoked, whereas the existing code sect ion did not
provide as much guidance. The City Council will hear all timely appeals, including those
from modification, suspension, or revocation notices issued by the tax administrator. The
appeals procedures are more detailed to ensure due process for th e appellant and
provide a roadmap for staff and the City Council.
Remove or update outdated references - The existing code chapter was drafted in the
1970s with several amendments made in the 1980s. As such, the proposed Ordinance
removes several outdated references and wording. The proposed Ordinance also adjusts
exemption amounts for inflation.
Legal Review:
This report has been reviewed by the City Attorney’s office and staff worked with the City
Attorney’s office in drafting the attached Ordinance.
FINANCIAL IMPACT:
There is no fiscal impact associated with the adoption of this ordinance .
ATTACHMENT:
Draft Ordinance
Page 360 of 570
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER
5.04 REGARDING BUSINESS LICENSING AND TAXING
AND MAKING FINDINGS UNDER CEQA
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS
FOLLOWS:
SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 5.04 Business Licensing and Taxing is amended to read as follows:
“Chapter 5.04 Business Licensing and Taxing
5.04.010 Definitions.
The following definitions shall apply in this title:
“Applicant” means a person applying for a business license pursuant to this title.
“Business” means any commercial enterprise, trade, calling, art, vocation,
profession, occupation, or means of livelihood, whether or not carried on fro gain or
profit.
“City manager” means the city manager or that person’s designee.
“Contractor” for the purpose of this title is synonymous with the term “builder”
and, within the meaning of the title, a contractor is any person who undertakes to, or
submits a bid to, or does oneself or through others, construct, alter, repair, add to,
subtract from, improve, move, wreck or demolish any building, highway, road, parking
facility, railroad, excavation or other structure, project, development or improvement, or
to do any part thereof, including the erection of scaffolding or other structures or works
in connection therewith. “Contractor” includes subcontractor, specialty contractor, and
owner/builder.
“Gross Receipts” includes the total amounts actually received or receivable from
sales and the total amount received or receivable for the performance of any act or
service for which a charge is made or credit allowed, when done as a part of or in
connection with a sale of materials, goods, wares, or merchandise. Included in “g ross
receipts” are all receipts, cash, credits, and property of any kind without deduction of the
cost of the property sold, the cost of materials used, labor or service costs, interest paid
or payable, or losses or other expenses. Excluded from “gross rec eipts” are the
following:
1. Cash discounts allowed or taken on sales;
Page 361 of 570
2. Credit allowed on property accepted as part of the purchase price and
that property may later be sold;
3. Any tax required by law to be included in or a dded to the purchase price
and collected from the consumer or purchaser;
4. Such part of the sale price of property returned by purchasers upon
rescission of the contract of sales as is refunded in either cash or by credit;
5. Amounts collected for others where the business is acting as an agent
or trustee to the extent that such amounts are paid to those for whom collected
provided, the agent or trustee has furnished the tax administrator with the names and
addresses of the others and the amounts paid to them;
6. That portion of the receipts of a general contractor that represents
payments to subcontractors licensed under this ordinance and provided the general
contractor furnishes the tax administrator with the names and addre sses of the others
and the amounts paid to them;
7. Receipts of refundable deposits, except that refundable deposits forfeited
and taken into the income of the business shall not be excluded;
8. As to a real estate agent or broker, the sales price of real estate sold for
the account of others except that portion that represents commission or other income to
the agent or broker;
9. As to retail gasoline dealers, a portion of his receipts from the sale of
motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and
previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation
Code of the state;
10. As to retail gasoline dealers, the special motor fuel tax imposed by
Section 4041 of Title 26 of the United States Code if paid by the dealer or collected by
him from the consumer or purchaser;
11. Those gross receipts attributed to activities carried on wholly out of the
city by a person who has a fixed place of business wi thin the city. Such person
attributing all gross receipts out of the city shall pay the minimum license tax fee.
“Operate” means to conduct a business and includes all stages of conducting a
business from initial planning to the wind -down of a business, whether or not a profit is
being made.
“Owner/builder” means an individual authorized by this code to do construction or
install equipment in or on buildings on premises used exclusively for a single -family
residence, of which the individual is the legal owner and is where the individual reside s
intends to reside. Owner/builder shall pay fees herein the same as a general contractor
Page 362 of 570
if the residence is offered for sale within one year after the date of completion of the
same.
“Person” means any individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, receiver, syndicate or other group or
combination acting as a unit and includes the plural as well as the singular number.
“Sworn statement” is an affidavit or a declaration or certification made under
penalty of perjury.
“Tax administrator” means the director of finance or that person’s designee.
5.04.020 Administration.
A. General administration.
1. Unless otherwise provided, the tax administrator shall administer
and enforce this ordinance. The tax administrator shall examine each place of
business in the city to determine whether this title is being complied with.
2. The tax administrator may file complaints and make a rrests for any
violation of this ordinance; and enter free of charge during regular business hours
any place of business for which a license or permit is required and demand the
exhibition of the license or permit.
3. The tax administrator may extend the t ime for filing information,
compromise disputed claims as to license tax, create and adopt forms, and adopt
administrative regulations necessary to carry out the provisions of this title.
B. Confidentiality. The tax administrator and each representative of the city
having an administrative duty shall keep confidential all information concerning the
business affairs and operations obtained by an investigation of records in the discharge
of official duty and the amount and source of income, profits, losses, expenditures set
forth in any statement or application. However, this section does not prevent disclosure:
1. Of examination of records and equipment used by another city official,
employee or agent for collection of taxes for the sole purpose of administering or
enforcing any provisions of this chapter or collecting taxes imposed under this title;
2. Of information to, or the examination of records by federal or state
officials, or the tax officials of any city or county or the tax offici als of the city, and its
auditors if a reciprocal arrangement exists or to a grand jury or a court of law, upon
subpoena;
3. Of information and results of examination of records of particular
taxpayers to a court of law in a proceeding brought to determine the existence or
amount of any business tax liability to the city.
Page 363 of 570
4. To the taxpayer or the taxpayer’s successor, administrator, assignee, or
guarantor, if directly interested, of information as to the items included in the measure of
the paid tax, unpaid tax or amount of tax required to be collected, interest and penalties.
However, the city attorney must approve each such disclosure and the tax administrator
may refuse to make the disclosure referred to in this paragraph when in the ta x
administrator’s opinion the public interest would suffer;
5. Of the name and address of a person to whom a license is issued, and
the general type or nature of the business;
6. By way of public meeting or otherwise of such information as may be
necessary to the City Council to permit it to be fully advised as to the facts when a
taxpayer files a claim for refund of license taxes, or submits an offer of compromise with
regard to a claim asserted against taxpayer by the city for license taxes, or when acting
upon any other matter;
7. Of general statistics regarding taxes collected or business done in the
city.
C. Errors not prejudicial. No error by the tax administrator or any other officer,
employee, or agent of the city in the application of this title shall prevent, prejudice, or
estop the collection by or for the city of the full amount of tax owed by any person under
this title.
5.04.030 License requirements.
A. License and tax payment required. Business license taxes in the categories
and amounts prescribed by City Council resolution are imposed upon the businesses
and persons specified in this title, and no person shall transact and carry on any
business without having procured a license from the city to do so, without having paid
the business license tax or without complying with any and all regulations of such
business contained in this title.
B. Evidence of doing business. When a person advertises, holds out, or
represents that the person is in business in the city, or when the person holds an active
license or permit issued by a governmental agency indicating that the person is in
business in the city, or when the person fails to deny by a sworn statement given to the
tax administrator that the person is not cond ucting a business in the city, after being
requested to do so by the tax administrator, then these facts are prima facie evidence
that the person is conducting a business in the city.
C. Multiple locations. A separate license must be obtained for each branch
establishment or location of the business transacted and carried on and for each
separate type of business at the same location. A warehouse and a distributing plant
used in connection with a business licensed under this title is not a separate plac e of
business or branch establishment within the meaning of this section.
Page 364 of 570
D. Constitutional apportionment. If a person believes that the license places an
undue burden upon interstate commerce or violates the equal protection or due process
clause of the state or federal constitution, the person may apply to the tax administrator
for an adjustment of the tax. The applicant shall by sworn statement and supporting
testimony show the method of business and the gross volume or estimated gross
volume of business and such other information as the tax administrator considers
necessary. The tax administrator shall conduct an investigation and after obtaining the
written approval of the city attorney shall fix as the license tax an amount that is
reasonable and nondiscriminatory. In fixing the license tax, the tax administrator may
base the license tax upon a percentage of gross receipts or other measure that assures
that the license tax is uniform with that assessed on businesses of like nature. However,
the amount fixed shall not exceed the license tax prescribed by this title.
5.04.040 License tax exemptions.
A. General exemptions. This title does not apply to a person transacting
and carrying on a business exempt by the Constitution or statute of the United States or
of the State from the payment of the tax prescribed.
B. Specific exemptions.
1. Charitable/nonprofit organizations. The following organizations and
activities are exempt from payment of the license tax: (1) a business conducted
as a charitable purpose or from that no profit is earned; (2) the conduct of
entertainment, concert, exhibition or lecture on scientific, historical, literary,
religious or moral subjects, whenever the receipts are for a religious, educational
or charitable purpose; and (3) the conduct of entertainment, dance, concert,
exhibition or lecture by a religious, charitable, fraternal, educational, amateur
theatrical group, military, state, county or municipal organization or association,
whenever the receipts are for the purpose and objects for which the organization
or association is formed, and from that profit is not derived, directly or indirectly,
by any individual.
2. Disabled veterans. A disabled veteran holding an honorable
discharge from a branch of the military service of the United States is exempt
from the payment of the license tax prescribed in this title, if the veteran is
physically unable to earn a livelihood by manual labor and is a qualified voter of
the State.
3. Minor having minimum gross receipts. A person doing business
who is a minor under 18 years old and whose gross receipts do not exceed forty
five hundred dollars ($4,500) shall be exempt from the requirements of this title.
4. Artist and art exhibits. A business license shall not be required of
individual artists for the exhibition or display of paintings, sculpture, photographs
or other fine arts in public buildings, art galleries, or in any business
establishment if the exhibition or display is incidental to the primary business
Page 365 of 570
conducted on the premises, and is primarily for cultural and educational
purposes. Any artist shall be exempt from the requirements of this title if the
sales of the artist’s art work within the city do not result in annual gross receipts
in excess of five thousand five hundred ($5,500) dollars.
5. Certain retirees. A no-fee business license shall be issued to those
individuals on a retirement system such as social security, private or public
pension plan, making less than sixteen thousand five hundred ($16,500) dollars
per year and over the age of sixty five years, upon showing evidence of such.
C. Procedures for exemptions.
1. Any person claiming an exemption under this section shall file a
sworn statement with the tax administrator stating the facts upon which
exemption is claimed. In the absence of such statement substantiating the claim,
such person shall be liable for the payment of the taxes imposed by this title.
2. Upon a proper showing contained in the sworn statement, the tax
administrator shall issue a license to such person claiming exemption under this
section without payment to the city of the license tax required by this title.
D. Additional requirements. A license tax exemption granted pursuant to
this chapter do not exempt the person conducting the business from complying with the
license and permit requirements of this title.
5.04.050 Application, issuance, and renewal.
A. Application and contents. A person required to have a license under this
title shall file a written application with the tax administrator upon a form provided by the
tax administrator. The application shall contain the name of applicant, the business
licensed, the business’s location, the license expiration date, and such other information
as the tax administrator proscribes.
B. Verification. The tax administrator, each inspector, and each police officer
may inspect the books and records of a person to determine the amount of license fe e
due and to verify the information supplied by the licensee or applicant. Every person by
signing an application consents and agrees to permit the city to examine the person’s
books and records for these purposes. Each person subject to this title shall k eep
complete records of business transactions, including sales, receipts, purchases, and
other expenditures, and shall retain them for examination by the tax administrator. The
records shall be maintained for a period of at least six (6) years. Each person required
to keep records under this section shall allow authorized representatives of the tax
administrator to examine the records at reasonable times and places. The city may
subpoena the books and records of any person who refuses to make them available to
the city.
Page 366 of 570
C. Consultation. The tax administrator will process the application and may
consult with other city departments to determine whether the business and business
premises meet the requirements of state law and the municipal code.
D. Issuance. Upon receiving the approval of departments to which the
application has been referred and, where necessary, the city manager’s approval, the
tax administrator shall prepare and issue the license.
E. Renewal. When a licensee applies for a renewal of the lic ensee’s license,
the licensee shall file a written statement upon a form prescribed by the tax
administrator, setting forth information concerning the business during the preceding
year that the tax administrator required to fix the amount of the license t ax.
F. Effect of indebtedness. A license will not be issued if the applicant is
indebted to the city for any unpaid license fee, unless the applicant is permitted to enter
into an agreement with the city to pay such delinquent taxes.
G. License tax determinations.
1. When reviewing an application, conducting an independent audit,
or otherwise, the tax administrator may determine the amount of license tax due,
using the information provided by the applicant, licensee, or other person or
found during the audit.
2. When the tax administrator makes the determination, the tax
administrator shall give a notice of the amount by personal service or first -class
mail. Service is deemed effective on the date it is personally delivered or
deposited in the mail. If the business maintains a physical location within the city,
any notice or decision shall be posted on the site at which the business is
located. Failure of any person to receive a notice properly served under this
section does not affect the validity of the notice, service, decision, or any action
or proceeding under this section.
3. The person may appeal the tax administrator’s determination
according to this chapter. If the applicant or licensee does not appeal within the
time prescribed, the amount so assessed shall be final and shall immediately be
due and owing to the city, but penalties as provided in this title shall continue to
accrue until paid.
H. Deviation. There shall be no deviation in fees, penalties, or due dates,
unless, specifically authorized by formal City Council action, after written request by the
applicant through the tax administrator on forms provided by the city.
5.04.060 General license terms and conditions.
A. Annual license tax. All business license taxes are annual, unless
otherwise expressly stated in this title. Upon issuance, the licensee shall pay the
appropriate tax for a twelve month period. Expiration shall be the last day of the
Page 367 of 570
preceding month of the year succeeding issuance. Taxes shall be due and payable on
the first day of the month following the expiration date. Renewals shall be delinquent on
the tenth day of the month following the expiration date.
B. Refunds for overpayments. The refund of an overpayment of tax imposed
is allowed only when a claim for refund is filed with the tax administrator within eight
months from the last day of the calendar month following the period for which the
overpayment was made. Each claim for overpayment refund must be filed with the tax
administrator on a form furnished by the city. If the tax administrator determines that an
overpayment has been made, a refund may be issued in the amount overpaid.
C. License not transferable. A license issued under this title is not
transferable, except when the licensee changes the licensee’s place of business, the
licensee may apply to the tax administrator for the transfer of the license to the new
place of business. The fee for the transfer is established by City Council resolution. Any
decal issued with a license is not transferable. Licensee shall not give away, sell,
transfer, or allow use of such decal to or by another person.
D. Display of license. If the license is for carrying on business at a fixed place
of business, the licensee shall post the license in a conspicuous place upon the
premises where the business is carried on. If the license is for carrying on business that
has no fixed place of business, the licensee shall keep the license upon the licensee’s
person at all times while carrying on business. The tax administrator may require a
licensee to display a decal on licensee’s vehicle or other equipment.
5.04.070 Modification, suspension, or revocation of license.
A. Grounds for modification, suspension, or revocation. Any license issued
pursuant to the title may be modified, suspended, or revoked pursuant to this section.
Grounds for modification, suspension, or revocation include:
1. That the building, structure, or equipment used in the conduct of the
business does not comply with or fails to meet any state law or City ordinance,
including but not limited to any health, zoning, fire, and building and safety laws
of the state of California or any City ordinances;
2. That the licensee has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a license, or in any
report or record to be filed with the City;
3. That the licensee was issued an exemption license pursuant to
Section 5.04.040, but the exemption is found not to apply or no longer applies to
the licensed business;
4. That the licensee has violated any provision of the California
Business and Professions Code, Palm Desert Municipal Cod e, or any emergency
order issued by the City Manager or City Council;
Page 368 of 570
5. That the licensee has violated any conditions or restrictions of the
license, conditional use permit, or any other permit issued by the City to licensee
or has operated a business other than for which it has been licensed and/or
permitted;
6. That the licensee has been held liable or convicted of any offense
involving the maintenance of a nuisance resulting from any act performed in the
exercise of any rights permitted by the issuance of the subject license;
7. That the licensee has violated any rule or regulation adopted by
any governmental agency relating to the licensee’s business;
8. That the licensee has conducted the licensed business in a manner
contrary to the peace, health, safety, and the general welfare of the public.
B. Service. Any notice required to be served under this section must be
served by personal service or first-class mail. Service is deemed effective on the date it
is personally delivered or deposited in the mail. If the business maintains a physical
location within the City, any notice or decision shall be posted on the site at which the
business is located. Failure of any person to receive a notice properly served under this
section does not affect the validity of the notice, service, decision, or any action or
proceeding under this section.
C. Procedure for modification, suspension, or revocation . The city manager
may issue a written notice of modification, suspension, or revocation of a license to the
licensee if the city manager finds one or more of the grounds listed in subsection (A) of
this section. The notice shall state the grounds for modification, suspension, or
revocation of the license. If the city manager modifies a license, the notice shall include
a description of how the license is modified. If the city manager suspends a license, the
notice shall include a suspension period and any conditions required to lift the
suspension following the suspension period.
5.04.080 Appeals.
A. Filing written notice of appeal. Any person aggrieved by any decision of
the tax administrator or city manager must file an appeal within fifteen (15) calendar
days following the date of service of the determination, notice, or decision. A written
notice of appeal must contain the following information: (i) the name and contact
information of the appellant, and (ii) the grounds for appeal in sufficient detail to enable
the City Council and City to understand the nature of the controversy. The failure of any
person who has been served with a determination, notice, or decision to timely and
properly file an appeal is a failure to exhaust administrative remedies and the initial
determination, notice, or decision will become final.
B. Notice of hearing. The City will notify the appellant in writing of the date,
time, and location of the hearing at least ten (10) calendar days before the date of the
scheduled hearing. The notice of hearing must be served by personal service or first -
class mail. Service is deemed effective on the date it is personally delivered or
Page 369 of 570
deposited in the mail. Failure of any person to receive a notice properly served under
this section does not affect the validity of the notice, service, decision, or any action or
proceeding under this section.
C. Appeal hearing. The appeal hearing shall be heard by the City Council.
The tax administrator, city manager, and/or any other official from the City with
knowledge of the matter and the appellant have the right to present evidence and
witnesses. The formal rules of evidence and discovery do not apply. The rules of
privilege are effective to the same extent that they are now or hereafter may be
recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded.
Oral evidence may be taken only on oath or affirmation. The parties may represent
themselves or be represented by anyone of their choice. No party has the right to cross -
examine any other party or witness except for good cause shown to the satisfaction of
the City Council. The appellant may bring an interpreter to the hearing at his or her sole
expense.
D. Final decision. The City Council’s decision must be in writing and set forth
the City Council’s findings and final order. The City Council’s decision is the final
administrative decision of the City regarding the modification, suspension, or revocation
of a license issued under this title. The City Council’s decision is final and effective on
the date of service of the decision. The decision must contain the following statement:
“The decision of the City Council is final and binding. Judicial review of this decision is
subject to the provisions and time limits set forth in California Code of Civil Procedure
section 1094.6 et seq.” Failure to seek timely judicial review pursuant to California Code
of Civil Procedure section 1094.5 et seq. means all objections to the City Council’s
decision are waived.
E. Effect and nature of decision. Upon suspension or revocation, the licensee
shall cease operation of the business immediately, and any further operation shall be
unlawful and a public nuisance. If the decision is to revoke the license, the licensee will
not be issued a business license to operate the same business within one year a fter
such revocation.
5.04.090 Violations, enforcement, and penalties.
A. Misdemeanor. A person who violates this title, who knowingly or
intentionally misrepresents a material fact in procuring a license, or who willfully fails to
exhibit one’s license or permit on demand is guilty of a misdemeanor, and upon
conviction shall be punished by a fine of not more than $1,000 or by imprisonment in jail
for a period of not more than six months, or both, for each violation.
B. Penalty. The tax administrator shall add a penalty of ten percent (10%) of
the business license tax on the tenth day of the month following the expiration date;
twenty-five percent (25%) on the first day of the second month, and fifty percent (50%)
on the first day of the third month after the expiration date thereof; provided, the amount
of such penalties to be added shall in no event exceed fifty percent (50%) of the of the
amount of the license due.
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C. Tax owed by unlicensed business. The conviction and punishment of any
person for engaging in any business without first obtaining a license to conduct such
business shall not relieve such person from paying the license tax due and unpaid at
the time of such conviction, nor shall the payment of any license tax prevent a criminal
prosecution for the violation of any of the provisions of this code.
D. Revocation. Any business violating any of the provisions or failing to
comply with any of the provisions of the Palm Desert Municipal Code or any emergency
order shall be subject to business license revocation proceedings, pursuant to this
chapter.
E. License tax debt to City. The license tax and penalty is a debt to the city.
The city may bring an action to collect the debt.
F. Legal action. The city attorney may, on behalf of the city, take all
appropriate legal action in order to collect such debts owing to the city, and may
commence, or defend, in the name of the city in any court of competent jurisdiction, an
action or actions relating to any amount due for new or renewal of business license
taxes, including penalties, interest and deficit taxed revealed by audits. In case of
recovery by the plaintiff, court costs, attorney’s fees and auditor’s fees shall be added to
the judgment as costs to be collected from the defendant or defendants.
G. Remedies cumulative. All remedies prescribed hereunder shall be
cumulative and the use of any one or more remedies by the city shall not bar the use of
any other remedy for the purpose of enforcing the provisions of this title, or any other
provisions of this code.
H. No mandatory duty. Nothing contained in this Code shall be deemed to
create a mandatory duty on the part of the City or any of its officers or employees to
enforce this title or enforce it in any particular manner.”
SECTION 2. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 3. CEQA. The City Council hereby finds and determines that this
Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section
15061(b)(3) because it can be seen with certainty that the Ordinance would not have
the potential or possibility for causing a significant effect on the environment.
Specifically, the proposed changes to the Municipal Code are primarily technical and
administrative in nature. The Ordinance would up date the business license tax
requirements and procedures. No construction is proposed and the amendments do not
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constitute any project approvals. In reviewing the Ordinance the City Council has
exercised its independent judgment and has reviewed and considered the Ordinance in
light of all testimony received, both oral and written. Therefore, based upon the entire
administrative record, the City Council hereby determines that no further environmental
review is required for the Ordinance.
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm Desert, California,
and shall be in full force and effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Palm Desert, California, on the ____ day of ___________, 2023 by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
KATHLEEN KELLY, Mayor
ATTEST:
_____________________________
Anthony Mejia, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
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____________________________
Robert Hargreaves, City Attorney
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Page 374 of 570
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: October 12, 2023
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of October 12, 2023
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 14a: AWARD OF CONTRACT FOR AFFORDABLE HOUSING COMPLIANCE AND
PROPERTY MANAGEMENT SERVICES TO FALKENBERG/GILLIAM AND
ASSOCIATES, INC., FOR A FIVE-YEAR TERM, WITH AN INITIAL ANNUAL COST FOR
CALENDAR YEAR 2024 IN AN AMOUNT NOT TO EXCEED $655,032
Q1: Did the previous contract expire? If the City decided to not renew the contract, was it a
matter of cost, or was there cause?
A1: The current management agreement expires December 31, 2023. An RFP is customary when
the term expires. The current management company did not submit a proposal.
ITEM 14b: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 5.04 OF THE PALM
DESERT MUNICIPAL CODE REGARDING BUSINESS LICENSING AND TAXING
PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA
Q1: Will the City Council get notifications about revocations or suspensions independent of
Consent Calendar items?
A1: Yes, City staff will copy the City Council on any suspension and revocation letters.
ITEM 14d: AWARD CONTRACT TO SPORTS FACILITIES MANAGEMENT, INC., FOR THE
MANAGEMENT AND OPERATION OF THE PALM DESERT AQUATIC CENTER
Q1: In reviewing the materials there are ideas for movie night and food trucks; however, is
there going to be future discussion on adding water features to the Aquatic Center?
When will the City Council be presented with a fee structure and a 5-year business plan
from this new company and how much will the City need to subsidize?
A1: The Fiscal Year 2023/24 CIP budget includes $100,000 for design of updates to the aquatic
center. City staff intend to target new water features, outdoor showers, heaters, and other
updates to the pump room including the filtration system. The 5-year management fee
structure for Sports Facilities Management’s operation of the facility is included in the staff
report under Financial Impact. Estimated costs for salaries and other expenses to support the
aquatic center are also included in the table. If the contract is awarded to SFM, City staff will
work with their team to approve a transitional plan leading up to the January 1, 2024, full-
facility operation, and a business plan to set targets for the next 5 years.
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10/12/2023 Question & Answer Memo
Page 2 of 2
The updated scope of work for the management contract also includes metrics that will be
helpful for financial analysis. Considering the fee increase effective January 1, 2024, City staff
will analyze data available through Summer 2024 to determine how the fees and new
management contract have impacted operations from both the revenue and expense sides.
Page 376 of 570
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
REQUEST: AWARD CONTRACT NO. C45460 TO YUNEX, LLC, FOR THE TRAFFIC
SIGNAL MODIFICATIONS AND HARDWARE UPGRADES IN THE
AMOUNT OF $244,995 (PROJECT N0.MTS00001)
RECOMMENDATION:
1. Award Contract No. C45460 to Yunex, LLC, of Riverside, California, for the Traffic Signal
Modifications and Hardware Upgrades in the amount of $244,995.
2. Authorize the Director of Finance to set aside a contingency in the amount of $50,000 for
unforeseen conditions.
3. Authorize the City Manager to review and approve written requests for the use of contingency
per Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the agreement.
5. Authorize the City Manager to execute the Notice of Completion (NOC) and the Secretary to
file the NOC upon satisfactory completion of the Project.
The City of Palm Desert (City) is responsible for 99 signalized intersections. Each intersection
includes a signal controller cabinet that houses the signal controller and other components.
Several cabinet controllers and components have exceeded their useful lifespans, plac ing them
in jeopardy of malfunctioning due to deterioration caused by desert weather conditions.
The Traffic Signal Modifications and Hardware Upgrades (Project) addresses cabinet controllers
and components at nine (9) signalized intersections. The scope of work includes, but is not
limited to, removing existing and installing new conductors and cables; replacing existing traffic
signal controller cabinets; and removing and replacing controller components. On August 17,
2023, the City advertised the Project on OpenGov and received four bids, as follows:
Contractor Location Total Bid
Yunex LLC Riverside, CA $244,995.00
California Professional Engineering, Inc. La Puente, CA $308,000.00
Elecnor Belco Electric, Inc. Chino, CA $410,611.00
DBX, Inc. Temecula, CA $445,757.00
Yunex LLC submitted the lowest responsive bid. The apparent low bid has been reviewed and
found to be in full compliance with all bid requirements. The references were contacted, and they
confirmed the contractor has successfully completed projects of similar scope recently.
Legal Review:
This report has been reviewed by the City Attorney’s office.
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City of Palm Desert
Traffic Signal Modifications and Hardware Upgrades
Page 2 of 2
Strategic Plan:
The proposed action will further the goals of the Strategic Plan by providing a safe and efficient
transportation system for residents and visitors.
FINANCIAL IMPACT:
The Traffic Signal Modifications and Hardware Upgrades Project is included in the approved
Fiscal Year 2023-24 Capital Improvement Project (CIP) List under the annual Traffic Signal and
Traffic Signal Interconnect Equipment Upgrade Project. The traffic signal equipment at the
remaining intersections will be addressed in upcoming projects as well. Funds in the amount of
$750,000 were allocated to Measure A Account No. 2134250-5000906; therefore, award of this
contract has no financial impact to the General Fund.
ATTACHMENTS:
1. Agreement
2. Payment and Performance Bonds
3. Contractor’s Proposal
4. Vicinity Map
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CITY OF PALM DESERT
CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 12th day of October, 2023, by and between the
City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, California (“City”) and Yunex LLC, a Limited Liability Company, with its principal place of
business at 2250 Business Way, Riverside, CA 92501 ("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 5, below, for the following Project:
2023 Traffic Signal Modifications and Hardware Upgrades Project
Project No. 569-22 / MTS00001
(hereinafter referred to as “the Project”).
The work to be done consists of furnishing all labor, materials, necessary tools and machinery,
supervision, and all utility and transportation services required for traffic signal modifications,
including but not limited to, removing existing and installing new conductor, and cable; replacing
existing traffic signal controller cabinets; removing and replacing controller assemblies;
performing all operations; furnishing all materials, equipment, and traffic control other than traffic
signal controller cabinets; and all necessary appurtenant work for traffic signal modification
improvements necessary in accordance with the bid items in the Project plans, the Specifications,
and other Provisions of the Contract.
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. 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 Two Hundred and Forty-four
Thousand, Nine Hundred and Ninety-five Dollars and no cents ($244,995.00).
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.
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ARTICLE 4. 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 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Standard Plans of the City of Palm Desert, latest edition
Standard Plans for Public Works Construction, latest edition
Caltrans Standard Specifications, latest edition, Except Division 1
Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest
edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
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The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with
all requirements of applicable federal, state, and local laws, rules, and regulations,
including, but not limited to, the provisions of the California Labor Code and California
Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION 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
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
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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 Co ntract.
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
general aggregate, for bodily injury, personal injury, and property damage, and a
$4,000,000 completed operations aggregate. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
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:
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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. RESERVED
7. RESERVED
C. Other Provisions or Requirements
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
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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.
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
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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.
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
Page 385 of 570
Contract No. C45460
8
Revised 07-2023
BBK 72500.00001\32374943.1
and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which
the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment
and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and
other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
ARTICLE 8. PREVAILING WAGES.
Contractor 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.
ARTICLE 9. 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 th e 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]
Page 386 of 570
Contract No. C45460
9
Revised 07-2023
BBK 72500.00001\32374943.1
SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND YUNEX LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Best Best & Krieger LLP
City Attorney
YUNEX LLC, A LIMITED LIABILITY
COMPANY
By:
Rodney Mathis, President
By:
Dirk Rauber, Treasurer
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____
Page 387 of 570
Page 388 of 570
Contract No. C45460
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Yunex LLC, (hereinafter referred to as the “Contractor”) an agreement for 2023 Traffic Signal
Modifications and Hardware Upgrades Project 569-22 / MTS00001 (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 October 12, 2023, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Yunex LLC, 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 Two Hundred and Forty-four Thousand, Nine Hundred and
Ninety-five Dollars, ($244,995.00), said sum being not less than one hundred percent (100%) of
the total amount of the Contract, for which amount well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacemen ts and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
Page 389 of 570
Contract No. C45460
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Page 390 of 570
Contract No. C45460
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
Page 391 of 570
Contract No. C45460
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity up on 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
Page 392 of 570
Contract No. C45460
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Page 393 of 570
Contract No. C45460
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken
or a resolution passed October 12, 2023, has awarded to Yunex LLC, hereinafter designated as
the “Principal,” a contract for the work described as follows:
2023 Traffic Signal Modifications and Hardware Upgrades Project 569-22 / MTS00001
(the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated October 12, 2023, (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of Two Hundred and Forty-four
Thousand, Nine Hundred and Ninety-five Dollars, ($244,995.00) lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
Page 394 of 570
Contract No. C45460
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Page 395 of 570
Contract No. C45460
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
Page 396 of 570
Contract No. C45460
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Page 397 of 570
Contract No. C45460
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Page 398 of 570
City of Palm Desert
PW - Capital Improvement Projects
Jess Culpeper, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
PROPOSAL DOCUMENT REPORT
IFB No. 569-22 - MTS00001
2023 Traffic Signal Modifications and Hardware Upgrades
RESPONSE DEADLINE: September 8, 2023 at 2:00 pm
Report Generated: Tuesday, September 12, 2023
Yunex LLC Proposal
CONTACT INFORMATION
Company:
Yunex LLC
Email:
robert.paquette@yunextraffic.com
Contact:
Robert Paquette
Address:
2250 Business Way
Riverside, CA 92501
Phone:
(951) 784-6600
Website:
www.yunextraffic.com/global/en/
Submission Date:
Sep 8, 2023 11:48 AM
Page 399 of 570
PROPOSAL DOCUMENT REPORT
IFB No. 569-22 - MTS00001
2023 Traffic Signal Modifications and Hardware Upgrades
PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2023 Traffic Signal Modifications and Hardware Upgrades
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Sep 5, 2023 3:04 PM by Robert Paquette
QUESTIONNAIRE
1. BID ACKNOWLEDGMENT*
Pass
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 569 -22 - MTS00001 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.
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.
Page 400 of 570
PROPOSAL DOCUMENT REPORT
IFB No. 569-22 - MTS00001
2023 Traffic Signal Modifications and Hardware Upgrades
PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2023 Traffic Signal Modifications and Hardware Upgrades
Page 3
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 California that all o f the information submitted in connection
with this Bid and all of the representations made herein are true and correct.
Confirmed
2. BID SCHEDULE*
Pass
IMPORTANT:
THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.
FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID.
THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in
the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces
appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.
The estimated quantities for Unit Price items are for purposes of comparing Bids onl y 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.
Page 401 of 570
PROPOSAL DOCUMENT REPORT
IFB No. 569-22 - MTS00001
2023 Traffic Signal Modifications and Hardware Upgrades
PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2023 Traffic Signal Modifications and Hardware Upgrades
Page 4
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*
Pass
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 ARE NOT SUBMITTING A HARD COPY BID BOND, CASH,
OR CASHIER'S CHECK.
Bond ID: No response submitted
Vendor ID: No response submitted
5. Enter Surety Company "Name" who Issued Bid Guarantee *
Pass
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This information will be verified against the California Department of Insurance Website.
Travelers Casualty and Surety Company of America
Click to Verify Value will be copied to clipboard
6. DESIGNATION OF SUBCONTRACTORS*
Pass
Please download the below documents, complete, and upload.
• DESIGNATION_OF_SUBCONTRACTO...
DESIGNATION_OF_SUBCONTRACTORS_-_YUNEX_LLC.pdf
7. BIDDER INFORMATION AND EXPERIENCE FORM*
Pass
Please download the below documents, complete, and upload.
• BIDDER_INFORMATION_AND_EXPE...
BIDDER_INFORMATION_AND_EXPERIENCE_FORM_-_YUNEX_LLC.pdf
8. NON-COLLUSION DECLARATION*
Pass
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, 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, profit, or cost
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element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly 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 there of 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 liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION*
Pass
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal,
or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See
http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with
the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is
currently registered as a contractor with the Department of Industrial Relations.
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
A. Bidder shall maintain a current DIR registration for the duration of the project.
B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure
that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the
project.
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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
10. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION*
Pass
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
11. Enter your valid CA Contractors State License Board (CSLB) number*
Pass
Please enter your License Number here. This will be verified against the state database.
1080007
Click to Verify Value will be copied to clipboard
12. Enter your California Department of Industrial Relations (DIR) Registration number*
Pass
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
10000815000
Click to Verify Value will be copied to clipboard
13. Type of Business*
Pass
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Limited Liability C Corporation (if corporation, two signatures are required)
14. Type your Legal Company Name Here*
Pass
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
Yunex LLC
Click to Verify Value will be copied to clipboard
15. How many years has Bidder’s organization been in business as a Contractor? *
Pass
2 (over 40 years of previous experience under (Siemens Mobility, Inc., Siemens Industry, Inc., Republic Electric, and Republi c ITS)
16. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
Pass
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Steven Teal / Director of Customer Service / 2250 Business Way, Riverside, CA 92501 / steven.teal@yunextraffic.com / (951) 784-6600
Robert Paquette / Sales Manager / 2250 Business Way, Riverside, CA 92501 / robert.paquette@yunextraffic.com / (951) 784-6600
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PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Signal rewiring and other improvements at intersection of Portola Avenue and
Rutledge Way
1 LS $88,495.00 $88,495.00
2 Signal rewiring and other improvements at intersection of Country Club Drive and
Monterey Avenue
1 LS $36,100.00 $36,100.00
3 Signal rewiring and other improvements at intersection of Monterey Avenue and
Hovley Lane West
1 LS $18,800.00 $18,800.00
4 Signal rewiring and other improvements at intersection of Country Club Drive and
Park Center / Barington
1 LS $14,700.00 $14,700.00
5 Signal rewiring and other improvements at intersection of Country Club Drive and
Oasis Club Drive / Tamarisk Row
1 LS $17,600.00 $17,600.00
6 Signal rewiring and other improvements at intersection of El Paseo and San Pablo
Avenue
1 LS $27,100.00 $27,100.00
7 Signal rewiring and other improvements at intersection of Country Club Drive and
Eldorado Drive
1 LS $14,900.00 $14,900.00
8 Signal rewiring and other improvements at intersection of Highway 111 and
Hospitality Row
1 LS $11,500.00 $11,500.00
9 Signal rewiring and other improvements at intersection of Highway 111 and Deep
Canyon Road
1 LS $15,800.00 $15,800.00
TOTAL $244,995.00
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Highway 111 and Deep Canyon Road
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Page 1 of 6
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: AWARD CONTRACT TO SPORTS FACILITIES MANAGEMENT, INC.,
FOR THE MANAGEMENT AND OPERATION OF THE PALM DESERT
AQUATIC CENTER
RECOMMENDATION:
1. Award a contract to Sports Facilities Management, Inc., for the management and operations
of the Palm Desert Aquatic Center (PDAC) for a term of five years (plus five 1-year
extensions) in the annual fee of $264,000 in Year 1 and a 5% increase each year in Years
2-5.
2. Authorize appropriation to Palm Desert Aquatic Center Operational Account No. 2424549-
4309300 in the amount of $93,500.
3. Authorize transfer from Unobligated General Fund Reserves in the amount of $93,500 to
Palm Desert Aquatic Center to facilitate the contract increase.
4. Authorize the City Manager to review and approve written contract amendment and change
order requests for unanticipated conditions.
5. Authorize the City Attorney to make non-substantive changes to the contract.
6. Authorize the Mayor to execute said agreement.
BACKGROUND/ANALYSIS:
History
The Family YMCA of the Desert (YMCA) was contracted by the City for the management and
operations of the PDAC upon its opening in 2011 and has maintained that contract (Contract
No. C36620) through the current fiscal year. The most recent competitive bidding process
resulting in an operational contract award was in January 2018. The term of the contract was for
one-year with an option to renew every year until June 30, 2023.
Anticipating the end of the contract term, staff issued a Request for Proposals (RFP) in
November 2022. Two proposals were received from YMCA and Sports Facilities Mana gement,
LLC (SFM). Staff entered negotiations with YMCA, and they provided the contract to their legal
counsel for review. At that time, the YMCA encountered a new challenge with lifeguard retention,
resulting in reduced operating hours and services. Staff worked with YMCA to increase lifeguard
wages leading to restoration of these services.
These changes prompted discussion and further negotiations between YMCA and the City about
the new contract needs. Through this process, YMCA submitted two revised fee proposals
showing increased administrative costs and annual escalation built in . Their administration cost
went from $178,000 to $352,028 (20%), and ultimately landed at $528,041 (35%) annually with
escalation built in. This more than tripled their contract management fee from the previous year’s
rate of $165,000. In addition, the YMCA legal team completed their review and requested several
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City of Palm Desert
Award Contract for PDAC Management
Page 2 of 6
changes to the contract terms. City staff understood that the significant increase in management
cost and contract terms would expand the City’s subsidy of the facility. Staff concluded that the
need for changes to the scope of work and contract language were significant enough to require
the request for proposals for this project to be re-advertised to ensure the right approach was
taken in entering a new long-term management contract. At the April 27, 2023, City Council
meeting, the bids were rejected, and Amendment No. 5 was approved to extend the current
contract to December 31, 2023.
Updated Scope of Work Led by Subject Matter Experts
City staff prepared to readvertise the RFP by conducting interdepartmental meetings to outline
the key changes needed in the scope of work. City staff also made the decision to contract with
the national aquatic consulting firm Counsilman-Hunsaker in June of 2023 to assist with
developing the PDAC Request for Proposals and evaluating proposal submissions. Counsilman -
Hunsaker’s scope was to:
1. Create the RFP document to include goals, deliverables, Key Performance Indicators
(KPIs), reports and desired outcomes to maintain accountability and track progress.
2. Provide suggestions on reaching the 60% Cost Recovery goal through effective
management.
3. Assist the City throughout the bid phase and selection process.
Counsilman-Hunsaker met with City staff on July 6, 2023, to discuss cost recovery goals, review
financial information, and discuss RFP goals. Through data analysis it is clear that by driving an
increase in attendance, the City’s subsidy could be controlled and potentially reduced. The City's
General Fund subsidy is created by a funding gap between operational revenues and
expenditures. Following is a table outlining historical revenues and expenditures for the Palm
Desert Aquatic Center from Fiscal Year 15/16 to Fiscal Year 22/23 .
In an effort to ensure improved and robust reporting in the future, Counsilman-Hunsaker
proposed the following KPIs at a minimum along with reporting cadences.
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City of Palm Desert
Award Contract for PDAC Management
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Financial Programs Operations
Attendance/Passes Sold
Member Retention
Concessions Revenue
Rental Revenue
Swim Lesson Revenue
Concessions Per Cap
Program Attendance
Sessions
Held/Canceled
Rentals Held
Special Programs
Checklist Compliance
Closures
Incidents
Facility Audit Results
Pool Chemical Readings
Customer Satisfaction
Staff Turnover
Subject KPI/Topic Reporting Cadence
Monthly Facility Financials Topic Monthly
Attendance/Passes Sold KPI Monthly
Member Retention KPI Monthly
Concessions Revenue KPI Monthly
Rental Revenue KPI Monthly
Swim Lesson Revenue KPI Monthly
Concessions Per Cap KPI Monthly
Program Attendance KPI Monthly
Sessions Held/Canceled KPI Monthly
Rentals Held KPI Monthly
Special Programs KPI Monthly
Checklist Compliance KPI Monthly
Closures KPI Monthly
Incidents KPI Monthly
Facility Audit Results KPI Quarterly
Pool Chemical Readings KPI Monthly
Customer Satisfaction KPI Monthly
Staff Turnover KPI Monthly
Completed Maintenance Topic Monthly
In-service Training Compliance KPI Monthly
Staff Recruitment Topic Quarterly
Programs Held Topic Monthly
Upcoming Programs Topic Monthly
Marketing Efforts Topic Quarterly or as needed
Goal Updates Topic Quarterly
Additionally, the RFP emphasized the goal of decreasing the current subsidy of the Palm Desert
Aquatic Center. Creative solutions to increase revenue and/or decrease expenses were
encouraged from each submitter.
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Award Contract for PDAC Management
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Following the release of the RFP, Counsilman-Hunsaker assisted in advertising the RFP to
potential management companies and were successful in attracting nine (9) different companies
to the pre-bid meeting with ultimately six (6) companies submitting proposals.
The submissions were analyzed by the evaluation team and scored according to the following:
Clarity and conformance of proposal to the RFP – 5%
Content of the proposal, including the work plan and business plan – 30%
Proposer’s and Team members' experience and performance – 25%
References – 15%
Attendance of Non-mandatory preproposal meeting – 5%
Fee proposal – 10%
Proposer's Safety Record – 10%
After evaluations were completed, the team chose four (4) out of the six submissions to interview.
Family YMCA of the Desert
Sports Facilities Management, LLC
StandGuard Aquatics
The Swimming Swan LLC
Interviews were conducted on September 18, 2023, via Zoom. The team of reviewers conferred
after the scores and interviews were complete to decide upon a recommendation. The team
unanimously agreed that SFM provided the highest value proposal. Key areas in which
SFM stood out are described below.
Upon contacting SFM to discuss the recommendation to award, they are energized and excited
to begin this new partnership. SFM has also committed to hiring locally to meet staffing needs
for the facility and will consider current PDAC staff during their hiring process.
Key factors leading to the recommendation:
SFM is a national company with over 2,500 employees. Like the other proposers, they presented
a core team of professionals to manage day to day operations. However, unlike any other
proposer, they have the versatility to pull experts from their corporate pool to provide for specific
needs. For example, several lifeguard resignations in quick succession caused the PDAC to
significantly reduce operating hours in January. SFM would utilize their corporate Human
Resources team to quickly hire or allocate lifeguards from other facilities to fill that gap and
ensure continuity of operations. Another example is marketing: YMCA currently works with a
marketing consultant to provide the promotional, marketing, and recruitment media needs at the
PDAC. SFM would allow the City to expand upon this with their Marketing Services Team that
provides assistance to each of the facilities managed by the company. This team would be
available to the City to meet those needs but would also be used to create new programs and
promotional opportunities.
The interview team unanimously decided to recommend SFM to manage and operate the PDAC
beginning January 1, 2024. Upon approval, staff anticipate SFM will begin work November 1, 2023,
to ensure the transition from one management firm to the other is smooth.
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City of Palm Desert
Award Contract for PDAC Management
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References:
Staff and the aquatic consultant contacted references for several of the proposers during the
review process. References for SFM were very positive both within Ca lifornia and in other states.
The previous parks and recreation director of Pelican Bay Aquatic Center in Edmond,
Oklahoma stated they showed they were capable of managing the facility from day one.
He said they are experts in their respective fields and capable of responding quickly and
professionally when situations arose. They highly recommend SFM to manage the
facility.
Within California, SFM’s experts provided analysis for a proposed project at the City of
Murrietta’s pool. The reference stated it was a good experience. The information SFM
provided was very helpful and the City of Murietta would utilize them in the future.
The previous General Manager of City Beach Volleyball Club stated that she was very
impressed with SFM’s professionalism and expertise. She highly recommends SFM for
any sports or recreation complex.
SFM was highly recommended by all the references contacted.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Strategic Plan:
High quality facility management and staffing at the Palm Desert Aquatic Center (PDAC)
sustains one of the City’s premier recreational facilities. The proposed action will further the
goals of the Strategic Plan by providing pervasive recreation opportunities for residents and
visitors.
Appointed Body Recommendation:
This item was considered at the September 4, 2023, Parks and Recreation Committee meeting.
Committee members expressed the desire to provide input on the candidates for the new
management contract. Committee Member Guyer was voted unanimously by the Committee to
represent them on the evaluation team, which consisted of four City staff members, the
representative from the aquatic consultant, and Mr. Guyer.
FINANCIAL IMPACT:
The SFM proposed cost for full-time management of the PDAC is $264,000 in Year 1 with a 5%
incremental increase incorporated in Years 2-5 as shown in the table below.
Services FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Management Fee $264,000 $277,200 $291,060 $305,613 $320,894
Total Salaries $1,500,000 $1,575,000 $1,653,750 $1,736,437 $1,823,259
Other Expenses $160,000 $168,000 $176,400 $185,220 $194,481
Total Estimated Budget $1,924,000 $2,020,200 $2,121,210 $2,227,270 $2,338,634
The approved Aquatic Facility Operations Budget for Fiscal Year 2023-24 includes a total of
$1,962,500 for the management and operations of PDAC under the following accounts:
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City of Palm Desert
Award Contract for PDAC Management
Page 6 of 6
The interim, 6-month contract with the YMCA has expended $82,500 of the $165,000 allocated
to the management fee. In order to help with a smooth transition of duties, staff recommend
starting the contract with Sports Facilities Management on November 1, 2023, which will prorate
the fee for the transitional term and remainder of Fiscal Year 2023-2024 to $176,000.
Since the other PDAC expenses are only estimates that could potentially increase due to
inflation, increase in staffing and other factors, staff requests an appropriation of $93,500 to
Account No. 2424549-4309300 for the management portion. Staff also requests a transfer from
Unobligated General Fund Reserves to accommodate the contract increase. In future budget
years, the corresponding amount needed for operations will be included in the budget during the
budget approval process.
ATTACHMENTS:
1. Sports Facilities Management Proposal
2. Agreement
FY 2023-24 Account # Budget Total
Supplies 2424549-4219000 $ 20,000
Other Expenses 2424549-4309000 $ 100,000
Management Fee 2424549-4309300 $ 165,000
Food / Merchandise 2424549-4801100 $ 40,000
Contracted Labor 2424549-4802101 $1,637,500
$1,962,500
Vendor Management Term Account # Management
Cost
Budget
YMCA July 1 – Dec 31, 2023 2424549-4309000 $82,500
Sports Facilities Nov 1, 2023 – Jun 30, 2024 $176,000
TOTAL $258,500 $165,000
VARIANCE $93,500
Page 416 of 570
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-206
Management and Operations of the Palm Desert Aquatic Center
RESPONSE DEADLINE: September 5, 2023 at 2:00 pm
Report Generated: Monday, September 11, 2023
Sports Facilities Management, LLC Proposal
CONTACT INFORMATION
Company:
Sports Facilities Management, LLC
Email:
gfresh@sportsfacilities.com
Contact:
Gabby Fresh
Address:
600 Cleveland St
Suite 910
Clearwater, FL 33755
Phone:
(404) 984-6682
Website:
https://sportsfacilities.com
Submission Date:
Sep 5, 2023 5:34 AM
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Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Sep 1, 2023 10:05 AM by Gabby Fresh
Addendum #2
Confirmed Sep 1, 2023 10:06 AM by Gabby Fresh
Addendum #3
Confirmed Sep 1, 2023 10:06 AM by Gabby Fresh
Addendum #4
Confirmed Sep 1, 2023 10:06 AM by Gabby Fresh
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall inc lude:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
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Page 3
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Sports_Facilities_Companies_Response_2023-RFP-206.pdf
2. Fee Proposal*
Please provide a lump-sum, not-to-exceed fee proposal for the Scope of Services. The fee proposal shall consist of a detailed
breakdown and justification for all Administrative and Management costs. Include hourly rates for all personnel for “Additional Work”
(as such term is defined in the proposed Agreement attached herein). In addition, proposers shall outline their methods to en sure
cost feasibility such as efficiency measures or policies. Proposers shall highlight any value-add components included in the fee
proposal such as utilization of resources to increase value to the City.
SFC_Palm_Desert_Cost_Proposal.pdf
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3. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited 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, profit, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly 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 there of 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 liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
4. Type of Business*
Other
5. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
Year Filed: 2021. Candace Meadows v. Sports Facilities Management LLC, Erie County Court of Common Pleas Ohio removed to United States District Court,
Northern District Ohio, Western Division, Case 3:21-CV:01428. Plaintiff alleges that she was injured at the Cedar Point Sports Center, a facility in Sandusky,
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Page 5
Ohio managed by our firm, when her “harness on the rock climbing wall failed.” Our firm is represented by local counsel in the matter and they are fully
and vigorously defending the claim on our behalf.
Year Filed: 2021. Jackson Corr, an Infant, by his Guardian Ad Litem, Nicole Corr, and Nicole Corr and Matthew Corr, Individually vs. Sports Facilities
Management, LLC d/b/a Iron Peak Sports and Events; John Does 1-5 (name being fictitious and presently unknown), Superior Court of New Jersey, Somerset
County, Action SOM-L-1181-21. Plaintiff alleged that he was injured while on the adventure course at Iron Peak Sports and Events, a facility managed by
Sports Facilities Management in Hillsborough Township New Jersey. The matter was settled in 2023 and dismissed prior to trial.
Year Filed: 2023. Jacob Pierce, a minor, by and through his Father and Next Friend, Rober Pierce, vs Sports Facilities Management, LLC and the City of
Hoover, in the Circuit Court of Shelby County Alabama, Civil Action CV 2022-900635. Plaintiff claimed he was injured falling from a climbing wall at our
managed facility. Case was settled in January of 2023 and dismissed prior to trial.
Dyonica J. Covington, by and through her mother and next friend, Jessica M. Phillips and Jessica M. Phillips, individually v. The Sports Facilities
Management, Pelican Bay Aquatic Center, and The City of Edmond, Oklahoma, District Court Oklahoma County, Oklahoma Case No: CJ-2023-1924.
Plaintif claimed injuries after being successfully recovered from the water by our staff at the Pelican Bay Aquatics Center, a facility managed by Sports
Facilities Management, LLC in Edmond Oklahoma. Matter was settled in 2023 and dismissed prior to trial.
Shaban, Yaseen, Dean Shaban, Kareem Shaban, by their mother and natural guardian, Angie Badawi, Individually v. Iron Peaks Sports & Events, et al.
Superior Court of New Jersey, Mercer County, Docket No. MER-L-608-23. Plaintiff claims he was injured falling from a climbing wall at our managed facility
in Hillsborough Township New Jersey. Our firm is represented by local counsel in the matter and they are fully and vigorously defending the claim on our
behalf.
Sports Facilities Management, LLC, a Florida limited liability company, v. DOME-A-NATION, LLC, a New York limited liability company, Circuit Court of the
Sixth Judicial Circuit, Pinellas County, Florida, Case No. 18-005818-CI. Plaintiff sought collection of monies owed to it under a facility management
agreement. Case was settled prior to trial.
Daniel Salazar, et al. v. Premier College Combines, LLC, Rocky Top Sports World, RSTW SFM, LLC, and Sports Facili-ties Management, LLC, Circuit Court for
Sevier County Tennessee, Civil Action 18-CV-170-III. Plaintiff alleged he injured his leg colliding with a bench during a high school soccer combine organized
and operated by Premier College Combines, LLC at Rocky Top Sports World, a facility managed by RTSW SFM, LLC. Case was settle d and dismissed prior to
trial.
Page 421 of 570
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-206
Management and Operations of the Palm Desert Aquatic Center
PROPOSAL DOCUMENT REPORT
Request For Proposal - Management and Operations of the Palm Desert Aquatic Center
Page 6
6. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify a ny
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may affect
the City's decision to enter into an Agreement.
N/A
7. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
8. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons,
education, and professional licensing.
Staff_Resumes_.pdfStaff_Resumes.pdf
9. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
Page 422 of 570
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-206
Management and Operations of the Palm Desert Aquatic Center
PROPOSAL DOCUMENT REPORT
Request For Proposal - Management and Operations of the Palm Desert Aquatic Center
Page 7
E. Phone Number
Jason Clement
President / CEO
600 Cleveland Street, Suite 910, Clearwater, FL 33755
jclement@sportsfacilities.com
210-382-4354
10. Certification of Proposal: *
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal
(RFP), and to be bound by the terms and conditions of the RFP.
Confirmed
Page 423 of 570
CITY OF PALM DESERT, CA
Palm Desert Aquatic Center
MANAGEMENT SERVICES
September 5, 2023
THE SPORTS FACILITIES COMPANIES // SPORTS FACILITIES MANAGEMENT, LLC
Page 424 of 570
MANAGEMENT AND OPERATIONS OF THE PALM DESERT AQUATIC CENTER
Page 425 of 570
1 SPORTS FACILITIES COMPANIES
Table of Contents
2 |A. COVER LETTER
4 |B. EXPERIENCE AND TECHNICAL COMPETENCE
• Firm Overview
• SFC Project Profiles
• References
15 |C. FIRM STAFFING AND KEY PERSONNEL
• Staff Qualifications
• Key Personnel
• Organizational Chart
• Subcontractors
25 |D. PROPOSED METHOD TO ACCOMPLISH WORK
• Human Resources & Accounting
• Legal & Risk
• Aquatics Leadership, Management, and Maintenance
• Marketing & Programming
• Revenue Opportunities
• Transition Timeline
Page 426 of 570
2 SPORTS FACILITIES COMPANIES
The Sports Facilities Companies (SFC) is thrilled by the opportunity to partner with Palm Desert on the management of your
Aquatic Center. On behalf of our 2,500+ team members, I want to express our enthusiasm for the opportunity to partner with
Palm Desert to serve and promote the welfare of your residents.
Our team is your team. We have put together the team with the most experience to serve guests with excellence, expand the
community reach, and always maintain an environment of trust and safety. As a baseline, our team has great experience in
what community’s consider “traditional pool management” consisting of maintenance, lifeguard staffing and risk management
compliance. As you will see in our proposal, the success of the aquatic center will be the result of so much more than “traditional
pool management." Success will be rooted in the experience we provide residents and guests and our team's ability to create
an environment that allows visitors to create memories that will last a lifetime with their families.
To create this type of atmosphere, our plan is to:
• Create a destination. Placemaking, branding and creating a center of activity for social events, competition, and recreation
is our specialty. We will do this through a multi-tier approach that starts with our involvement with the design team to create
a unique, innovative environment custom built for Palm Desert. Our nationally renowned marketing and operations team
will then create a comprehensive marketing campaign and delivering on unique experiences as outlined in this document.
This ensures that the facility opens with capacity in place and continues to drive higher attendance, new guests, and further
reach every year.
• Deliver first class programs and guest experience. The proposed aquatics center will be an amazing asset for the
community and has the ability to drive visitation to the area from guests outside the community. Our focus will be on
delivering first class programming and guest experience through building custom, interactive programs build specifically
for each type of guests. We will use well thought-out campaigns, events and programmings to create the center as the a
central gathering place for the community.
• Improve financial performance and resources. Improving top line revenue by enhancing core service offerings and
optimizing incremental revenue streams like food & beverage, sponsorship, child development and other activities. We
manage cost-of-service based on industry benchmarks to maximize gross profit, and we contain fixed-expenses utilizing
our buying power, vendor program and best-in-class maintenance experience.
• Make collaboration our strategy. Community stakeholders, providers and complimentary program providers are important
keys to our playbook. Transparent, accurate financial reporting, and annual strategic planning with City leadership will be a
cornerstone to our collective success. You set the vision, goals and objectives. Our job is to put the strategic plan in place
and execute to achieve your desired outcomes.
Your goals are our goals. Unlike other lifeguard staffing companies or pool maintenance providers, our models remove conflicts
of interest by allowing the City to maintain control and influence decisions to be made in the Aquatic Center’s best interests. With
SFC, we will not be learning on the job. You can trust we will accomplish your goals as proven through numerous examples of
delivering all over the country for many years. It is our sincere hope this document is the first step toward a strong partnership
between Palm Desert and The Sports Facilities Companies.
We are a Proven Partner. We know you are faced with a major decision. We hope that as you compare proposals, you will see
through the fog of simple staffing companies, who haven’t actually taken on existing operations, transitioned existing staff in
a community successfully, or do not have the business development and acumen to optimize the City's top recreation assets.
To empower your growth, we hope you value the stability, proven track record, existing network and infrastructure of proven
systems and subject-matter-experts. We are purpose-built for third-party management engagements and are equipped to scale
and serve on Day 1.
Dear Palm Desert Selection Committee:
Page 427 of 570
3 SPORTS FACILITIES COMPANIES
Vision. We believe this complex has the ability to be effectively serve Palm Desert and the surrounding communities. The activities
and programming can provide a foundation of healthy and active lifestyles, which impacts positive behavior, aptitude, scholastic
achievement, earning potential and more. Our mission is to “Improve the health and economic vitality of the communities we
serve.” Our approach will be to leverage all of our in-house team and partners to help maximize the success.
You can count on us to act consistent with our core values:
1. Accountability. We perform and do what we say we will do. We will operate in the City's best interest to accomplish your
goals.
2. Excellence. We are purpose-built to partner with the City on this project. We will represent Palm Desert with professionalism
bringing the best-in-class trends, safety policies and systems to the City.
3. Service. We are passionate about the impact these programs and complexes make. Every SFC team member has a
story about how sport and recreation formed them. This is the “why” we choose to serve each family and guest well. No
matter the facility - aquatic center, splash pads and water feature – we will serve each guest with first-class programming,
memberships, lessons, swim meets, social events, family activities concessions, and more.
4. Collaboration. Together we will reach the potential. We are one team: Palm Desert staff, leadership, SFC corporate
leadership, venue staff, lifeguards, vendors, community stakeholders, guests, and more. Culture is defined as “what
is normal”. At SFC, normal is communicating directly, ideating, innovating, and delivering for our internal and external
customers.
Congratulations on your vision for this project. The remainder of the submittal is comprehensive and expands on why we believe
SFC is uniquely positioned to help Palm Desert achieve the desired outcomes of the aquatic center. We hope our response
resonates and the detail included provides the selection committee with enthusiasm for meeting the SFC team. As you review
our proposal, do not hesitate to contact us with any questions. In addition, please read what our clients have to say about us. We
are passionate about the impact these operations make in communities, and we are eager to contribute to the quality of life and
quantity of economic vitality in Palm Desert!
Thank you for your consideration. We will serve you well!
Sincerely,
Jason Clement, CEO and Founder
The Sports Facilities Companies
727-474-3845, jclement@sportsfacilities.com
Jim Arnold, Partner
The Sports Facilities Companies
404-984-6682, jarnold@sportsfacilities.com
Page 428 of 570
4 SPORTS FACILITIES COMPANIES
B. Experience and Technical COmpetence
Page 429 of 570
5 SPORTS FACILITIES COMPANIES
Firm overview
PLAN & FUND
DEVELOP
PERFORM
SPORTS FACILITIES ADVISORY
Founded in 2003, SFA has served more than 3,000 communities and
assisted with more than $15 billion in planned projects. Our plan-to-
fund approach means we can deliver much more than the industry’s
leading research and financial forecast documents, we can deliver
projects that are attractive to finance sources, capital partners, and
municipal funding sources.
SPORTS FACILITIES DEVELOPMENT
The services provided by SFD were born out of customer demand for
better alignment between facility design and operations. Our owner’s
representation, procurement, and venue planning services not only
achieve this goal by pairing proven operators with clients’ design
teams, but save money in procurement, reduce risk, and streamline the
process for everyone involved.
SPORTS FACILITIES MANAGEMENT
SFM is the youth and amateur sports industry leader in outsourced
facility management. We are purpose built to serve the goals and visions
of our clients and produce results. We are the ultimate partner for clients
who want to maintain control of their assets without the headaches,
expense, and risk of daily operations. Our proven performance has
led us to represent the SFM Network, the largest and fastest growing
network of sports and recreation facilities in the country.
YEARS IN OPERATION: 20 years
CORPORATE HEADQUARTERS:
600 Cleveland St. Suite 910
Clearwater, FL 33755
NUMBER OF EMPLOYEES: 2500+
CORPORATE STRUCTURE:
Limited Liability company (LLC)
COMMUNITIES SERVED: 3000+
SOUGHT-AFTER RESOURCE TO:
• International City & County Manager's
Association (ICMA)
• National Recreation & Parks Association
(NRPA
• Sports ETA (Sports Tourism)
• Aspen Institute Project Play 2024
SF NETWORK: 50+ Full-Time Managed Venues
thesfnetwork.com
MANAGEMENT CORE SERVICES:
• Facility Operations
• Start-Up Operational Development
• Operational Timelines
• Strategic Planning
• Revenue Generation Services
• Existing Facility Optimization
• Recreation Center Management
• Project Finance Strategy
Page 430 of 570
6 SPORTS FACILITIES COMPANIES
Below are several primary areas that demonstrate how our 20 years of experience makes SFC the best choice
to operate the Palm Desert Aquatic Center.
Our experience makes us good.Our commitment to service & performance makes us GREAT.
THE sf network
The SF Network is the largest and fastest-growing network of sports, recreation, and events facilities,
vendors, partners, and event owners in the country. Over the last 20 years, we have intentionally cultivated
industry relationships with events owners to book our properties, vendors to save our clients money,
associations to cultivate innovation and share our experience with our peers, and talented individuals to
attract the industry's best to our team. Year after year we continue to invest and expand. Our network is
an unmatched asset for the City of Palm Desert and the Palm Desert Aquatic Center.
Mature operations, processes, & leadership
As experienced operators, we know what it takes to perform - our reputation depends on it. Each year we
create more than $250 million in economic impact through youth sports and events tourism. Our operations
timelines, processes, and leadership are driven by real-world experience. Every challenge, opportunity,
stumble and victory lives in and informs our work. If engaged by the City of Palm Desert, we will not be
learning on the job; we will be using the culmination of our experience in over 3,000 communities
on 70+ development projects and 2,500+ team members serving more than 25 million guests
visits each year.
Experience-driven innovation
Innovation is only possible through mastery. Organizations new to the business of operating multi-sport
assets cannot innovate like we can because they are still learning. If variety is the 'spice' of life then it is
also the 'secret sauce' to management innovation. We have successfully opened, developed or operated
community aquatic parks, local recreation centers, family entertainment centers, and aerial adventure/
zip-lines in addition to our extensive sports tourism portfolio. Because we have amassed a deep
understanding of the total sports destination and client service, we can build on that experience to create
unparalleled results and build collaborative partnerships with other industry leaders. We are obsessed
with performing for our clients and impacting communities. Our guiding principle of "better every
time" drives us to constantly explore best practices, efficiencies, revenue generation, and how
to increase results. The City of Palm Desert will experience the SFC team as solutions-focused,
high-achieving, collaborative and creative.
Page 431 of 570
7 SPORTS FACILITIES COMPANIES
Since 2003, the Sports Facilities Companies have been the preeminent resource in the sports tourism
industry. We can attribute our success to three overarching factors:
The shared passion and commitment
of our 1500+ person team to our
mission, vision, and values.
The core belief that our company, our
venues, our industry, and our communities
are made stronger through collaboration.
We perform. We produce the
results our clients are counting
on and manage to their goals,
not ours.
1 2 3
SFC DIFFERENTIATORS
SFC is the ultimate choice for the City of Palm Desert: Proven, purpose-built & ready to build our
partnership with you to grow the community.
SFC POOL-Specific manager Lifeguard Management Co
Comprehensive in-house financial reporting YES Possible
Risk Management Plan Development YES YES Possible
Specific Child Safety Training Program YES Possible Possible
Lifeguard Hiring and Red Cross Certified Training YES Possible Possible
Traditional Aquatic Programming Experience YES YES Possible
Outdoor Pool Policies & Procedures YES YES
Community Engagement Planning YES
Leadership Development Program YES
Food & Beverage Services YES YES
Sponsorship Sales YES
Destination Event Promotion YES
In-House Comprehensive Marketing Agency YES
Members Of Sports ETA YES
Operating partner of the International County Managers’ Association (ICMA)YES
Corporate Support Staff based in Dedicated Corporate Office YES Possible
Page 432 of 570
8 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � INDOOR
PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size:160,000 ft²
Features:
Competition Pool & Warm-Up Pool Elevated Track
Indoor Climbing Area Indoor Turf Field
Fitness Center/Group Training Rooms Cafe, Concessions, & Meeting Rooms
FIRM ROLES & SERVICES
Advisory:Feasibility Report Development:Venue Planning
FF&E Procurement
Management:Start-Up Operations Development
Brand Development & Marketing
Advisory Management
Recently opened in summer 2021, this is the premier destination for sports,
recreation, and events in the Mid-Atlantic region. Bridgeport has a charming
downtown and team-friendly accommodations. The complex includes nearly
160,000 square feet of state-of-the art competition and entertainment space,
fitness center, and competition pool.
The Advisory Team conducted the initial Feasibility Report for the complex. During
construction, the Development Team was hired for venue planning services and
FF&E procurement. Due to their extensive work in the value engineering process,
the Development Team was able to save nearly $1 million of the original $3.9
million FF&E budget. The Management Team was then hired for pre-opening
services and an ongoing advisory management role.
THE BRIDGE
SPORTS COMPLEX
BRIDGEPORT, WV
Page 433 of 570
9 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � INDOOR
PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size:100,000 ft2
Features:
25-yard, Six-lane lap pool 4 Basketball / 6 Volleyball Courts
Family Aquatic Center Meeting & Event Space
Fitness Center
FIRM ROLES & SERVICES
Advisory:Financial Forecasting Development:Venue Planning
Economic Impact FF&E Procurement
Management:Pre-Opening Management
Full-Time Management
When the SF Network team joined the City of Morristown on the development of
Morristown Landing, the client had a very defined vision of what they wanted this
facility to become. They envisioned the facility to be an indoor facility that provides
residents with premier amenities to play, gather, and maintain a healthy lifestyle.
To execute this vision, the City of Morristown hired the Development team for their
venue planning and FF&E expertise. The team’s efforts helped to re-envision the
facility in a way that not only aligned with the client’s vision and goals but also
increased revenue and operational efficiency. The Management team currently
provides pre-opening services and will assume full-time management of the facility
when it opens in Fall 2022.
MORRISTOWN LANDING
RECREATION AND EVENTS
MORRISTOWN, TN
Page 434 of 570
10 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � OUTDOOR
PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size:17 acres
Features:
25-Yard Leisure Pool Water Slide & Splash Pad
Cabanas On-Site Kitchen
Zero entry areas Climbing Wall
FIRM ROLES & SERVICES
Management:Full-Time Management Financial Forecasting
Safety Training
Earning the designation as a 2021 Top 3 Amusement Park in Oklahoma City by
Three Best Rated®, Pelican Bay Aquatic Center offers all things fun-in-the-sun,
including open swim, lessons, party rentals, and more.
In 2015, and again in 2021, the City retained the team of SF Companies and
to provide full-time management services for the first five years of operation.
Through aggressive social media and email campaigning and facility rebranding,
SFC increased pool attendance numbers and profitability year over year
while overseeing the daily maintenance and safety training, staff operations,
programming, and swim lessons.
PELICAN BAY
AQUATIC CENTER
EDMOND, OK
Page 435 of 570
11 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � INDOOR/OUTDOOR
PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size:120 acres, 100,000 ft2
Features:
4 Basketball / 8 Volleyball Courts Membership-Based Wellness Center
4 Baseball & 5 Softball Fields 16-Court Tennis Center
5 Multi-Purpose Fields Indoor / Outdoor Pool & Aquatic Center
FIRM ROLES & SERVICES
Advisory:Financial Forecasting Development:Venue Planning
Program Planning
Management:Pre-Opening Management
Full-Time Management
Sand Mountain Park is an exceptional project in Albertville, Alabama, with 130
acres of sports, recreation, and entertainment areas. This facility offers a wide
variety of both local use and sports tourism use for all guests to enjoy just over an
hour north of Birmingham.
SFC’s role in pre-opening development includes business development, event
booking, brand development and marketing, strategic planning, hiring and
organizational structure definition. SFC was also contracted for FF&E and Venue
Planning services including, fixture and equipment procurement and design
consultation. SFC is engaged as the outsourced management solution for the
entire 120 acre complex inclusive of sports tourism and local park and recreation
programming.
SAND MOUNTAIN
PARK & AMPHITHEATER
ALBERTVILLE, AL
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12 SPORTS FACILITIES COMPANIES
COMMUNITY RECREATION � AQUATICS � INDOOR/OUTDOOR
PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Features:
25 Meter Swimming Pool Large Pavillion
Children’s Water Playground Concessions
3,000 sq. ft. Fitness Center Locker Rooms
FIRM ROLES & SERVICES
Management:Financial Forecasting
Full-Time Management
Caporella Aquatic Center is located in Tamarac, FL and features a 25 meter
swimming pool with a zero depth entry and avalanche slide. It also features a
children’s water playground (sprayground), a 3,000 square foot fitness center, men
and women’s locker rooms, picnic tables, a large pavilion, and a concession stand.
SFC’s role in management includes event booking, marketing, strategic planning,
and full-time management of the aquatic center. SFC is engaged as the outsourced
management solution for the entire center.
CAPORELLA AQUATIC CENTER
TAMARAC, FL
Page 437 of 570
13 SPORTS FACILITIES COMPANIES
COMMUNITY RECREATION � AQUATICS � INDOOR/OUTDOOR
PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Features:
Natatorium with 2 Indoor Pools Outdoor 4,000 sq. ft. Recreation Pool
25-Yard/8-Lane Competition Pool Lazy River
60-Foot/4-Lane Warm-Up Pool Three Large Slides
25-Foot Tall Oil Rig Water Feature
FIRM ROLES & SERVICES
Management:Financial Forecasting
Full-Time Management
Artesia Aquatic Center is located in Artesia, NM and features two indoor pools as
well as a large outdoor recreational pool in the shape of a bulldog. The outdoor
pool has a zero depth entry, a lazy river, three large slides, and a 25-foot tall oil rig
that shoots water out of the top. The pool deck has plenty of space to host family
picnics and activities.
SFC’s role in management includes event booking, marketing, strategic planning,
and full-time management of the aquatic center. SFC is engaged as the outsourced
management solution for the complex.
ARTESIA AQUATIC CENTER
ARTESIA, NM
Page 438 of 570
REFERENCES
Tracey Honea, Mayor256-891-8240
sandmountainpark.com
mayorhonea@cityofalbertville.com
City of Albertville, AL
423-581-0100
morristownlanding.com
tcox@mymorristown.com
Craig Dishman, Former Director of Parks & Rec972-948-9182
pelicanbayaquatics.com
craigdishman34@gmail.com
City of Edmond, OK
Tony Cox, City Administrator
City of Morristown, TN
Page 439 of 570
15 SPORTS FACILITIES COMPANIES
C. Firm Staffing and Key Personnel
Page 440 of 570
Under Jason’s leadership, the SF Companies have opened
more successful sports and recreation venues than any
organization in the country. As an experienced advisor he
has provided planning, strategy, finance, and operational
leadership to projects throughout the world.
CEO & FOUNDER
JASONClement
SPECIALTIES :
SFC leadership and oversight,
long-term strategic direction, partnership
management
YEARS IN INDUSTRY: 21
The Sports Facilities’ firms have become globally recognized leaders focusing on
transforming the health and economic vitality of communities around the world. As the Chief
Executive Officer of SFC, Jason leads the strategic direction, culture, and service standards
that define SFC in the public sector and private sector markets we serve.
Under Jason’s leadership, SF Companies recently launched new products to serve
communities focused on economic development and the youth and amateur sports
industry. The initiatives include an event company, new technology platforms, food &
beverage and gaming options. The firm is also focused on merchandising, purchasing, and
leveraging social capital to improve access to sport. Formally trained and licensed as an
architect, Jason began his career in sports architecture before transitioning into commercial
development and corporate real estate management. The experience was the spark to
bring similar professional management services to the youth & amateur sports industry.
Jason is a passionate and faith driven contributor to causes that positively impact families
and communities. He has founded, supported, and lead the growth as board chair to
multiple organizations including Habitat for Humanity, Man Up and Go, Calvary Christian
High School, Florida Small Business Development Center, and others.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
ICMA - Strategic Partner & Speaker
NRPA - Speaker
SportsETA - Featured Speaker & Content Contributor
Board Chair - Habitat for Humanity, Man Up & Go
Tampa Bay Business Journal “Hall of Fame”
NOTABLE PROJECTS
Aviator Sports & Events Center-Brooklyn NY Hoover Met Complex - Hoover, AL
Pelican Bay Aquatice Center-Edmond, OK Spooky Nook Sports - Lancaster, PA
Salvation Army KROC Center-South Bend IN Eugene Civic Alliance - Eugene OR
The HUB Recreation Center-Marion, IL Panama City Beach Sports Park - PCB, FL
Sand Mountain Park-Albertville, AL Paradise Coast Sports Complex - Naples, FL
Page 441 of 570
Ken is responsible for SFC’s Aquatics Venues nationwide,
assisting our clients with operating and optimizing our
indoor and outdoor pool facilities and water parks. His broad
and successful career has spanned almost twenty years of
operations, programming, training, marketing, budgeting
and forecasting.
AQUATICS ACCOUNT
EXECUTIVE
KENCOBB
SPECIALTIES :
aquatics staff development, partnership
collaboration
YEARS IN INDUSTRY: 13
Ken has served as an Aquatics Director to municipal and recreational pools, competition
pools, country clubs, water parks and private and public aquatic centers. He has worked
with the YMCA, the American Red Cross®, and The Pool & Hot Tub Alliance® as a Water
Safety Instructor, Lifeguard Instructor, and is a Certified Pool Operator.
Ken is also an accomplished swim coach having been a coach member of USA Swimming®
since 1984. Over his 20 years of coaching age group, senior club swimmers and high
school athletes, he has produced multiple Junior Olympic qualifiers and finalists, state
champions, junior and senior national qualifiers and college scholarship recipients. Ken
maintains close ties to the competitive swimming world as a certified coach with the
American Swim Coaches Association®, US Masters® Swimming, and USA Water Polo®.
His vast experience overseeing our aquatics venues provides our clients the operational
and programming expertise to appropriately serve their members and guests.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO®)
American Red Cross® Water Safety Instructor® (WSI)
American Red Cross® Certified Lifeguard Instructor
American Red Cross® CPR, First Aid and AED Certified
Certified Coach Member of USA Swimming® Since 1985
American Swim Coaches Association® [ASCA] Level 3 Certification
Certified Masters Coach with United States Masters Swimming® [USMS]
Certified CPR, First Aid and Safety Training for Swim Coaches
NOTABLE PROJECTS
Adventure Cove Water Park - Abilene, TX
Artesia Aquatic Center - Artesia, NM
Caporella Aquatic Center - Tamarac, FL
Pelican Bay Aquatic Center - Edmond, OK
Page 442 of 570
Marina has over thirteen years of experience in aquatics and
programming, including experience with the YMCA and the
Oklahoma City Parks and Recreation Department. Marina
brings her enduring passion for aquatics and enhancing
the local community to her role as the General Manager at
Pelican Bay Aquatic Center in Edmond, OK.
AQUATICS SPECIALIST
MARINAWells
SPECIALTIES :
staff development & training, programming,
aquatic operations
YEARS IN INDUSTRY: 13
In this position, Marina leads all components of daily operations for the seasonal water park.
She ensures that best practices are implemented in the areas of safety, customer service,
business development, staff development, risk mitigation, programming, and marketing and
branding.
Additionally, Marina attended Texas Tech University and is a certified aquatics facility
operator and lifeguard instructor for the American Red Cross.
Edmond’s Pelican Bay Aquatic Center is 17+ acre park that includes two 150 ft water slides,
diving boards, a current channel, a climbing wall and a slide splash pool. Programming
at Pelican Bay includes swim lessons, lifeguard certification, and aqua fitness as well as
numerous special events throughout the season. The Center also has bathhouses and a
concession area at the Pelican Bay Cafe Snack Bar and offers private rental for parties and
events.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO)
Aquatic Facilities Operator (AFO)
Lifeguard Instructor (LGI)
Lifeguard Management
NOTABLE PROJECTS
Pelican Bay Aquatic Center - Edmond, OK
*City of Oklahoma City Parks & Recreation Department
*YMCA
Page 443 of 570
19 SPORTS FACILITIES COMPANIES
NATIONAL DIRECTOR OF
BUSINESS DEVELOPMENT
JIMARNOLD
SPECIALTIES:
business development, program
planning, sustainability
YEARS IN INDUSTRY: 19
EDUCATION:
BS, Business Administration
St. Bonaventure University
MBA
St. Bonaventure University
Jim is widely recognized as one of the leading designers and
developers of youth sports complexes in the United States.
In his role as the National Business Development Director,
Jim Arnold leads the expansion of the SF Network of sports
and recreation destinations across the country.
With over 18 years of experience in the industry, Jim has overseen the planning, design,
development, and operations of many of the most innovative and successful facilities in
the country.
Notable has been his role in the development and growth of two of the largest brands
in youth sports, Ripken Baseball and Sports Force Parks. As part of this role, Jim was
instrumental in developing the company’s youth facilities from one park to three, with the
additions of the Ripken Experience Myrtle Beach and the Ripken Experience Pigeon Forge.
Jim’s projects are highly regarded for their ability to drive profitability throughout creative
design and self-operations.
While his career has been focused primarily on youth sports facility development, Jim has
been involved in projects that touch all levels of sports across the world. From his role in the
design of SRP Park (2018 Minor League Baseball Ballpark of the Year) to overseeing the
development of a country-wide growth and development strategy for New Zealand Baseball;
his experience across the sports landscape has an influential role in helping clients develop
the most innovative, unique and sustainable sports facilities in the industry.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
2019 Connect Sports Game Changer
Baltimore’s 35 Under 35
MILB Stadium of the Year
Champion of Economic Impact
NOTABLE PROJECTS
Cyclone Ballparks - Pecos, TX
The Basin Sports Complex (UTPB) - Odessa, TX
Ballparks of America - Branson, MO
Paradise Coast Sports Complex - Naples, FL
Cornerstone Sports Park - Starkville, MS
Elizabethtown Sports Park - Elizabethtown, KY
Ripken Experience - Myrtle Beach, SC; Pigeon Forge, TN; Aberdeen, MD*
*Please note: Projects completed prior to joining the firm.
Page 444 of 570
A driven collaborator and team leader, Ashley sits at the
intersection of brand strategy, marketing, and sales. With
award-winning creative work and proven strategies, Ashley
brings with her a track record of success to every project
and campaign. Clients get the benefit of SFC’s in-house
marketing and branding “agency” led by Ashley.
PARTNER & VP, MARKETING
ASHLEYWHITTAKER
SPECIALTIES :
marketing strategy, brand development,
business development
YEARS IN INDUSTRY: 14
EDUCATION
BA Industrial Design
University of Illinois
Ashley leads corporate business development and marketing for the Sports Facilities
Companies as well as the SFC Facility Marketing Department which is responsible for the
marketing, branding, and project management of SFM Network facilities. Under her leader-
ship, inbound leads and inquiries have more than tripled, SFC’s firms have been featured
in major media outlets such as HBO, TIME, and Wallstreet Journal, and SFC leadership is
regularly sought out for interviews and speaking engagements.
As the leader of SFC’s in-house agency, Ashley and her team develop engaging brands,
results-driven marketing strategies, and bring proven solutions to SFC clients. In 2019,
Ashley created and launched the SF Network platform which drives online booking, brand
awareness, and creates cooperative marketing activations for all the facilities in the SFC
portfolio.
Ashley comes from a background in product design with Gill Athletics, the largest and
oldest manufacturer of track and field equipment in North America and Porter Athletic, the
basketball/volleyball heritage brand. Her unique blend of design thinking, leadership, and
marketing strategy lends itself well to serving SF Network and SFC clients.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
SFC “MVP” Award Winner
#StrongerTogether SportEvents Sales & Marketing Committee
Guest Lecturer, University of Northern Iowa
Gold & Silver ADDY Awards for Design
Conference Speaker: ICMA, MRPA, US Indoor
NOTABLE PROJECTS
Hoover Metropolitan Complex, Hoover, AL
Iron Peak Sports & Events, Hillsborough, NJ
Cedar Point Sports Center, Sandusky, OH
The Hub Recreation Center, Marion, IL
Rocky Mount Events Center, Rocky Mount, NC
Horizons Edge Sports Campus, Harrisonburg, VA
Page 445 of 570
An energetic and results-driven financial leader, Bob has
guided teams that perform finance functions for some of
the world’s largest companies. Bob takes his experience
developing and implementing financial processes at the
highest level and his experience in a diverse set of industries
to his role as Chief Financial Officer for SFC.
PARTNER & CFO
BOBSTOUT
SPECIALTIES :
financial forecasting, budget creation, risk
management
YEARS IN INDUSTRY: 20
Bob has extensive experience developing and implementing financial processes, systems,
and controls for some of the world’s largest companies, including Walmart, Inc. He has a
proven record of achievement in E-commerce, real estate development, and retail. Through
his work, Bob has managed planning, forecasting, and reporting (external and internal)
for multiple segment levels and corporate support areas, and has driven productivity
and improved bottom-line results. Bob has in-depth experience leading acquisition due
diligence and negotiations, including lease and contract reviews, best practice analysis, risk
assessments, and valuations. Prior to joining the SF Companies, Bob served in a number
of roles over a 10-year span at Walmart, Inc. As CFO, Bob led the finance and accounting
teams for Walmart’s $3 billion e-commerce business (walmart.com) from 2008-2010.
From 2012 to 2019, Bob also served as a city councilman and, then, as the mayor of the
city of Little Flock, AR. This role provided Bob with experience in municipal budgeting,
governmental fund accounting, state audits, and FEMA disaster application development
and administration.
Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF
Network venue finance teams. Bob also oversees risk management and major corporate
growth initiatives.
RELEVANT PROJECTS
Horizons Edge Sports Campus - Harrisonburg, VA
Sand Mountain Park & Amphitheater - Albertville, AL
Bridgeport Recreation Complex - Bridgeport, WV
The Highlands Sports Complex - Wheeling, WV
Rocky Top Sports World - Gatlinburg, TN
Page 446 of 570
Tami is a dedicated human resources leader with a proven
track record of building systems for attracting and retaining
top talent and supporting the development of proactive work
cultures for companies of various sizes and industries. Tami
takes her experience building high-performing work forces
to her role as VP of Human Resources for SFC.
VP, HUMAN RESOURCES
TAMISwanson
SPECIALTIES :
talent acquisition, employee
performance oversight,
professional development
YEARS IN INDUSTRY: 21
In this position, Tami leads all of aspects of human resources from hire to retire, talent
acquisition, payroll, benefits, and training and development. Her expertise in team devel-
opment creates a talent pipeline for SF Network venues. Additionally, Tami is committed
to creating an environment that is warm and welcoming to all team members through
approachability, kindness, and respect.
Tami began her career in retail operations where she held several leadership roles. Her
passion for helping team members reach their professional goals led to her transition into
human resources. Since then, she’s made a large impact on the organizations she’s worked
with by increasing the levels of employee engagement and continuous process improve-
ment.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Senior Professional in Human Resources Certification (SPHR)
Society of Human Resource Management – Certified Professional (SHRM-CP)
NOTABLE PROJECTS
Cedar Point Sports Center - Sandusky, OH
Publix Sports Park - Panama City Beach, FL
Community First Champion Center - Grand Chute, WI
Elizabethtown Sports Park - Elizabethtown, KY
Iron Peak Sports & Events - Hillsborough, NJ
Ballparks of America - Branson, MO
Page 447 of 570
Bruce has 26 years of law practice experience and has
taught and lectured on Sports Law topics during most of
that time. He has worked in professional sports for the
Indianapolis Colts, collegiate athletics at the University of
Kentucky and as a volunteer leader for numerous local, state
and national youth sports organizations and events.
GENERAL COUNSEL
BRUCERector
SPECIALTIES :
risk management & insurance
guidance, legal counsel
YEARS IN INDUSTRY: 26
EDUCATION
University of Kentucky
He also served as the 58th president of Junior Chamber International (JCI), a
200,000-member organization of young leaders and entrepreneurs from over 100 countries.
Prior to joining SFC, Bruce was President of KBA Sports, Inc., in Lexington, Kentucky
where he led a team of professionals in organizing, hosting, and managing large sports and
recreation programs including regional and national championship tournaments. In his final
year at KBA Sports, the organization attracted over 500,000 visitors for various tournaments
and events.
An inspiring speaker, trainer and author on leadership topics, Bruce is the author of Monday
Morning Messages: Teaching, Inspiring and Motivating to Lead (Xephor Press 2005). He
currently serves on the board of trustees at the University of the Cumberlands and is also
active in a number of non-profit organizations in the Tampa Bay area.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
University of the Cumberlands Board of Trustees
Leadership Pinellas
Clearwater Regional Chamber of Commerce
NOTABLE PROJECTS
Rocky Top Sports World - Gatlinburg, TN
Myrtle Beach Sports Center - Myrtle Beach, SC
Elizabethtown Sports Park - Elizabethtown, KY
Publix Sports Park - Panama City Beach, FL
Rocky Mount Event Center - Rocky Mount, NC
Bo Jackson’s Elite Sports - Hilliard, OH
Pelican Bay Aquatic Center - Edmond, OK
Ballparks of America - Branson, MO
Page 448 of 570
Project Team: Organized to create results
Ashley Whittaker
VP of Marketing
Bruce Rector
Legal Compliance
Risk Management
Ken Cobb
Aquatics Design
Subject Matter
Expert
City of Palm Desert
Sports Facilities Companies
TBD
Onsite General
Manager
Jason Clement
CEO
Bob Stout
Finance & Accounting
Tami Swanson
Human Resources
Team Development
Michael Kelly
Executive Vice President
TBD
SFC will conduct a national
search inclusive of existing staff
and personnel within the SFC
ecosystem in effort to find the
top candidate. The City will
have ultimate veto and approval
authority for this role.
Jim Arnold
Partner,
Business Development
Page 449 of 570
25 SPORTS FACILITIES COMPANIES
D. Proposed Method to Accomplish the Work
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26 SPORTS FACILITIES COMPANIES
SFC is comprised of a dedicated corporate team of over 60+ employees to support Palm Desert staff with
subject-matter expertise, real-time operational assistance, and database of proven strategies from our
existing facilities within the SF Network.
One Team, One Network
People are the lifeblood of any organization, but it is never truer than
in a recreation and aquatics facility. Our People & Culture team is
dedicated to ensuring all 1500+ SFC team in the SF Network have
the support, development, and leadership they need to be successful.
We also manage the tactical and operational elements of traditional
HR duties.
For Palm Desert, our People & Culture team will provide:
• Recruiting/Talent Acquisition Services for the Aquatics Director
and Seasonal Lifeguards• Document Resources including Employee Handbooks• Benefits Management• SFC Cultural Onboarding• Ongoing Leadership Training & SFC Summits• Staff Change Management• Succession Planning
Staff Training & Development
SFC full-time facility staff have custom onboarding plans and leader-
ship training at our corporate headquarters in Clearwater, FL. At HQ,
they have access to our specialty support departments within their
first month with SFC. For the Aquatics Director, SFC also hosts on-
site leadership training at our Spring GM Summit and the SFC Lead-
ership Summit each fall. These events offer time for best practice
sharing among all senior leadership in the SF Network as well as new
policy roll-out, process/change review, best practices, inspirational
speakers, and more tactical development sessions (e.g. booking best
practices).
SFC also utilizes training programs for our applicant tracking system
and hiring, performance management, benefits, payroll, and more.
Finance
ANNUAL BUSINESS PLAN
Each year SFC will facilitate an in-depth strategy session with the City
and facility staff to refine and expand the definitions of success and
desired outcomes. This is especially important over the first few years
as future phases are developed. This discussion can also include how
other parks and recreation assets in the City can fit into the overall
short-term and long-term operational strategy.
ANNUAL OPERATING BUDGET
Using the annual business plan as the foundation, SFC will work
with the City to create a detailed annual operating budget. SFC’s
proven budgeting process based on expected revenue provides the
framework for the most successful and profitable operating model
possible. The budget may be adjusted over time in coordination
with the City as partnerships are developed and opportunities are
discovered based on current market and community conditions, while
still referencing the original pro forma. The City will have full authority
over the operating budget and it will not be finalized until it receives
full City sign-off and support.
MONTHLY VARIANCE REPORTING
With SFC your facility will undergo a rigorous monthly “Budget
Versus Actual” (variance) review. Led by your Account Executive
and General Manager, SFC will perform a monthly top-to-bottom
review of the operation including a line item review of “Budget vs.
Actual” results. The process includes a review of the prior month
performance, a forward-looking discussion of critical action items,
marketing initiatives, and a pace-to-goal session. This “variance”
process drives performance and accountability while providing the
facility team with the expertise and resources of SFC advisors
human resources & accounting
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27 SPORTS FACILITIES COMPANIES
RISK MANAGEMENT & safety
Insurance Policies:
SFC carries comprehensive insurance policies at all of our venues that meet or exceed
the standard insurance requirements. Depending on the facility and management
structure, these coverages may include: accident, general liability, workers’
compensation, auto, and property insurance. Due to SFC's extensive list of unique
facilities and features, we are also capable of sourcing innovative insurance solutions
for aquatics venues.
Waivers & Agreements
SFC’s risk management program includes waivers and agreements for facility
participants, subcontractors, and event owners to mitigate or transfer the financial
responsibility if an incident should occur. Examples of these waivers are: participant
waiver and release of liability, medical consent form, image release, facility use
agreements, sub-contractor and vendor agreements.
Facility Policy & Procedures:
SFC facility staff is routinely trained on SFC’s risk management policies and procedures
and the appropriate resources to use when if an incident does occur. This includes:
• Daily Facility Walk-Throughs
• Equipment Inspections
• Kitchen Safety
• First Aid
01
02
03
Our aquatics risk management program is broken down into 3 important elements:
• Accident Reports
• Fire and Severe Weather Policies
• Fall Prevention
SPORTS FACILITIES COMPANIES
RISK MANAGEMENT EXPERIENCE
SFC's in-house facility legal, risk management and insurance program team has 30 years of experience in teaching and lecturing at universities
on sports risk management topics and working with clients to minimize risks, manage claims and control costs. We understand the increased
licensing, regulation and monitoring needed for higher risk activities such as aquatics have years of experience with compliance and staying
ahead of safety and risk management trends.
Page 452 of 570
28 SPORTS FACILITIES COMPANIES
The SFC team is uniquely suited to serve our
community aquatics team. Our background,
experience, and culture allow us to find solutions
and generate results where others may not.
At SFC we recognize that the management of the Palm Desert
Aquatic Center is a large investment of time and resources of the
City. We don't take the responsibility to operate and optimize this
tremendous community asset lightly. SFC have a purpose built
solution to help achieve your desired outcomes for the aquatic
center. SFC attracts talent that would not otherwise work in the
venues we oversee. This is the result of our mission, national
reach, reputation, culture, network of relationships and the unique
development and career opportunities we offer. We recruit from the
recreation, sports and aquatic, and hospitality and events markets
and will place the most qualified Aquatics Director. Our dedication
to collaboration ensures our team, the City of Palm Desert, and the
Palm Desert Aquatic Center visitors all benefit from this collective
expertise. The local SFC account leadership is supported by
departments of subject-matter experts to provide Palm Desert with
the resources needed for success.
The SFC - Palm Desert Aquatic Center Director will:
SFC Aquatics director & Account leadership
• Be responsible for all seasonal employee interviews, hiring,
orientations as well as terminations, worker’s compensation
claims, and unemployment claims.
• Coach and counsel team members on park procedures and
protocol to ensure the best possible customer service for
guests.
• Assist and advise park ownership/management in the creation
and implementation of operating policies and standards that
affect all departments.
• Develop and sustain a safe, efficient, professional, respectful
and courteous culture within the park.
• Oversee the implementation and execution of department
training programs to achieve and exceed compliance with
industry standards.
• Directly supervise facility employees including: scheduling,
training, and performance goals.
• Conduct investigations to respond to reports of harassment,
complaints, and violations of company policy/legal regulations.
• Responsible for departmental forecasting, budgeting,
purchasing, invoicing and inventory processing.
• Oversee and run all forms of social media and marketing with
the assistance of the SFC Marketing Team.
• Plan, organize, and control all extra-curricular activities for the
park, to include employee events, fundraisers and employee
incentive programs.
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29 SPORTS FACILITIES COMPANIES
POOL Maintenance & Chemical Program
Aquatic facilities require periodic maintenance, and
without a sound approach to planning and managing
maintenance, a facility may fall into disrepair at an
alarming rate, requiring repairs far more costly than
anticipated. Preventative maintenance is far more
important and far less costly in protecting the various
facility systems and components involved in operating
an aquatic center. While we understand that the City of
Palm Desert contracts with a third party to provide facility
maintenance, SFC staff will be fully trained and aware of
the daily maintenance needs to operate the aquatic center
efficiently, report on issues, and provide work orders to
the maintenance firm.
PREVENTATIVE MAINTENANCE PLAN
SFC will provide a preventative maintenance plan for the Palm Desert
Aquatic Center. Our engineering and operations specialists will
evaluate the aquatic center’s equipment and systems to determine
maintenance needs and provide a standard operating procedure on
how each piece of equipment will be maintained. Our team will also
and identify any specialty equipment required to complete planned
maintenance activities.
MAINTENANCE BUDGET
Utilizing decades of experience providing maintenance budgets and
proformas for aquatic centers, SFC will provide a maintenance budget
based on pool size, features and maintenance needs of the Palm
Desert Aquatic Center. SFC will also provide an outlay of predicted
capital maintenance needs over the next 5 – 10 years to ensure the
facility looks and operates like it did on opening day.
MAINTENANCE STAFFING
SFC will train the on-site staff in the operations of the aquatic center
systems and preventative maintenance tasks. Additionally, SFC
will train staff to inspect and document daily, weekly and monthly
maintenance checks for each piece of equipment at the aquatic
center to ensure each piece of equipment operates as designed and
as long as possible. SFC will work with the third-party maintenance
firm to ensure all training is in line with expectations of reporting and
work order preparation for repairs.
CHEMICAL APPLICATION
SFC will determine the appropriate application of chemicals to
the aquatic center. Each chemical delivery system has a different
maintenance protocol, product availability and operational
considerations for the aquatic center. Our team has experience
in maintaining and operating all commercially available chemical
delivery systems and will train maintenance staff to operate each
system as designed. SFC anticipates the following non-exhaustive
list of chemicals to be utilized at the aquatic center:
• Disinfection
◦Chlorine (in one or multiple of it’s delivery forms)
• pH Control
◦Muriatic acid (reduces total alkalinity)
◦Carbon dioxide
◦Sodium Carbonate (Soda Ash) raises the pH
• Sodium thiosulfate – chlorine neutralizer
• Calcium Chloride raises the calcium hardness
• Sodium Bicarbonate raises the total alkalinity
• Potassium Monopersulfate is a non-chlorine oxidizer
All maintenance staff will be trained as qualified pool operators and
will be trained in the safe handling of hazardous chemicals.
Free Chlorine, pH, temperature, and ORP readings will be completed
regularly, multiple times a day. Combined Chlorine will be tested
a minimum of twice a day and recorded on the water test report. A
full water balance report will be done once a week and will provide
the pool personnel with the necessary information to make chemical
adjustments to keep the pool well maintained and safe for swimmers.
Water chemistry controllers assist pool operators by monitoring the
ORP (Oxidation Reduction Potential) and the pH in the respective
pool. These controllers do not take the place of manually testing the
water by staff. Maintenance worker will be responsible for comparing
the manual test results with the readings on the controller and
make the necessary adjustments. SDS (Safety Data Sheets) will be
provided for each chemical used at the aquatic center.
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30 SPORTS FACILITIES COMPANIES
SFC will provide Palm Desert Aquatic Center with
a programming package that not only maximizes
participation within the community, but also the City's
desired revenue goals.
Swim Lessons
Both group and private lessons will continue to be made available
at the facility. The facility program brochure will list all class times
and fees. All program fees currently in place will be reviewed,
current scheduling assessed, and any changes will be reviewed, and
ultimately approved, by the City of Palm Desert. As with all other
programs, the least possible disruption to current service offerings is
the goal of SFC during the transition period.
Party Programming
Private Parties
Private parties are typically made available after the facility closes.
Reservations, secured with payment, must be made at least one
month in advance (subject to availability). There is a limit of one party
per day per area. Lifeguards are provided with each reservation.
Birthday Parties
In addition to private party rentals, the aquatic center can offer
Birthday Party packages for youth and adults. Dedicated time slots
will be available to rent for birthday parties each week. Party fees will
include the rental of the space and a charge for each person joining
the party. Additional options for food and drinks are also available.
Additional Programs
• Water aerobics, Aqua fit classes
• Scuba diving certification classes
• Red Cross Lifeguard Certification
• Arthritis, MS, or other Focused Wellness Classes
• Yoga, Spin, or other Group Fitness Classes
• Water games
existing service providers
The first thing SFC will do if selected to manage the facility
is to work with the City of Palm Desert to analyze all existing
programming organizations, leagues, teams, schools, etc.,
Schedules, fees, and revenue will be assessed to understand
the constraints of each program, the ability to improve reve-
nue generation, and assess how best to utilize the aquatics
facilities.
facility programmingCOMMUNICATIONS & MARKETING
A PROVEN MARKETING APPROACH FOR THE
CITY OF PALM DESERT
SFC’s marketing approach is designed to identify, engage, convert,
and delight prospective customers. It’s this approach that we weave
into an annual marketing strategy and 30, 60, and 90 day action
planning. The annual marketing plan will be developed collaboratively
with SFC headquarter subject matter experts, Palm Desert Aquatics
Marketing Strategy & Annual Campaign Development
Graphic Design Asset &
Tool Development
On-Site Delivery, Strate-gy Review & Marketing Training
Marketing Campaigns
Marketing is about reaching your target market with the right message
and the right time. SFC's marketing team will utilize industry best
practices to bring proven campaigns to Palm Desert Aquatic Center.
Utilizing traditional seasonal schedule, we create awareness for
programs, engage in online and grassroots environments, and
convert users to customers.
The messaging and creative design for these campaigns will be
custom and will benefit from a strategic, results-driven marketing
approach, demonstrating a proven ROI on marketing dollars.
Supported By Award-Winning Creative
SFC's marketing approach is supported by our award-winning in
house creative team. From leading a collaborative brand development
process to producing marketing collateral, our designers offer a wide
ray of creative services. Our work is highly custom to support the City
of Palm Desert including supporting your vision and goals for public
perception, brand position, market awareness, and generating brand
affinity.
• Sales Support Collateral• Website Creative Direction & Project Management• Brand & Graphic Identity Development• Retail & Promotional Items• Marketing Materials: Flyers, Program Guides, Facility Guides• Video Creative Direction & Project Management
Page 455 of 570
31 SPORTS FACILITIES COMPANIES
REVENUE OPPORTUNITIES
Food & BEVERAGE OPERATIONS
Food and Beverage has the ability to be the singular most
important revenue stream for any facility. The is no other
revenue stream that has the ability to drive significant
revenue to the facility while at the same time having the
ability drive the overall guest experience. For Palm Desert,
SFC is proposing full food and beverage operations as part
of our management services. Our team is at the cutting edge
of food and beverage development in the recreation industry,
driving record spending and maximizing ROI in our venues.
In addition to our corporate resources, our model allows the
Palm Desert operations to keep 100% of revenues. SFC has
implemented successful food and beverage operations in
venues that range from full kitchens to those with no existing
concession revenues. Our team will get creative with Palm
Desert to maximize revenue and guest experience with the
existing assets in place.
Palm Desert Aquatic Center Revenue Opportunity
Operations Venue Revenue Share
3rd Party Concessionaire 25 - 30%
SFC Operations 100%
SPONSORSHIP & NAMING RIGHTS
Our team and approach have sold more naming rights for
amateur sports facilities over the past 18 months than any
other firm in the industry. Third party sponsorship companies
charge in the range of $7,500/month and upwards of 30%
commission. SFC provides an all-inclusive approach to
sponsorship sales to the aquatic center as part of our
management services.
• Inventory assessment
• Sponsorship & naming rights valuation
• Strategic planning
• Collateral development
• Negotiation & contracting
• Retainment & renewal
Our unique perspective and process to maximizing
sponsorship revenue will drive additional revenue and local
engagement opportunities within the aquatic center. Our
corporate services team combines resources and approach
with our in-market team to create a custom, venue specific
plan for the facility.
PUT-it ON THE LIST
One of the biggest issues that aquatic facilities face around the
country is simply getting their brand, programs and offerings out in
front of area residents. This is where SFC's ability to be more than
just a facility manager or lifeguard management company comes
into play. Along with the marketing focus described on the previous
page, SFC's management is tasked with putting together a full
schedule of creative programming - attracting guests and visitors for
water-based and non-water based programs alike.
Internally, we simply call this: "Putting the venue on the list." When a
local resident or family is looking for something to do in the evening
or on a weekend, we want the Palm Desert Aquatic Center to be one
of the locations that they, "check-out." The ability to do this is driven
by a mix of creative programming (foam parties, doggie days, movie
events) and routine weekly events (live music, food truck fridays, etc.)
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32 SPORTS FACILITIES COMPANIES
FIRST 30 DAYS
1. Immediate (48 Hrs) - Introductory Web Call
a. Introductions
b. Clients introduce facilities to SFC Team
c. Transition expectations
d. Schedule in market “kickoff meeting” - discussion &
goals
2. In Market Operations Kickoff (Week 2/3)
c. SFC inquiry – learn history and goals of each location
d. Introduction to SFC Operations
e. Key Performance Indicators (KPI’s) & financial
history review
f. Interview staff
3. Pre In-Market Kickoff Work - Ongoing
4. Programming Evaluation
a. Membership
b. Local programming -
c. Tournaments / competitions
d. Parties & entertainment
e. Rentals
f. Corporate partnerships
5. Revenue, Expenses, Margins Review
a. All revenue streams (i.e., programming, sponsor,
F&B, membership, etc.)
b. COGS vs Expenses
c. Margins & profit
6. Marketing Assessment
a. Brand
b. Website
c. Digital
d. Social
7. Partnerships & Relationships
a. Corporate
b. Municipal
c. Community
d. Vendor
e. Industry
8. Facilities & FFE Review
a. Facilities condition assessment
b. Maintenance review (service history, contracts)
c. FFE condition review
MANAGEMENT TRANSITION TIMELINE
9. Business Disciplines Review - Standard Operating
Procedures (SOPs)
a. Operations
b. Marketing
c. Programming
d. Finance
e. Safety / Risk Mgt
f. Legal
g. Human Resources / Training
h. Systems
10. Systemic Infrastructure Review
11. Financial Management – Accounting & Bookkeeping,
Capital Plan, Banking, Etc.
12. Legal – Current Contracts, Entity Structure,
Insurance (Property, Liability, Work Comp), Etc.
Days 30 - 45
1. SFC will provide Client recommendations for all
areas of business operations
2. SFC will present Client a full action plan for transition
of operations
Days 45+
1. SFC will provide management and oversight of
facility operation teams with support on a weekly
and monthly basis at the Ownership level, GM/
Director level, and management-level staff.
b. Lead weekly management calls for business
development & operations with the Client
c. Participate in “Monthly Executive Review” meetings
(facilities performance review)
d. Facilitation of an Annual Business Plan for SRCT
utilizing input and current research from SFC
regarding current trends in the market and industry
e. SFC assist in creating a budget, business plan, and
marketing action plans
f. SFC will provide regular support where needed,
including supplier recommendation, new software or
any other services that may assist facility operations
SFC understands that in any situation where management changes, there is a need for consistent communication, clear delineation of
next steps, and a developed plan for both short-term and long-term facility needs. With extensive experience assuming management
responsibilities, SFC has a proven track record of success ensuring there is no disruption in service to guests, a clear transition for employees,
and an open line of communication at all times.
Page 457 of 570
CITY OF PALM DESERT, CA // 2023-RFP-206
MANAGEMENT & OPERATIONS OF THE
PALM DESERT AQUATIC CENTER-Cost proposal
September 5, 2023
THE SPORTS FACILITIES COMPANIES // SPORTS FACILITIES MANAGEMENT, LLC
Page 458 of 570
ii SPORTS FACILITIES COMPANIES
FULL-TIME MANAGEMENT*
Year 1 - $264,000 per year, Estimated Staffing Allowance of $900,000**
Year 2 - $277,200 per year, Estimated Staffing Allowance of $945,000**
Year 3 - $291,060 per year, Estimated Staffing Allowance of $992,250**
Year 4 - $305,613 per year, Estimated Staffing Allowance of $1,044,862.50**
Year 5 - $320,893.65 per year, Estimated Staffing Allowance of $1,093,955.63**
Pricing above reflects a 5% year-over-year escalation.
Deferred management incentive of 10% of EBITDA above $100,000 per year.
*This fee reflects the day-to-day management of the facility and includes daily operations, event setup, risk management procedures and
training, general pool maintenance, events booking, local programming, marketing, financial reporting, and more. This fee does not include
labor, materials, tools, equipment, services, and incidental and customary work per item 3.1.1 of the City of Palm Desert Professional
Services Agreement.
**SFC will work with the City of Palm Desert to establish a working budget that reflects strategies and opportunities to meet the
City's goals for service and financial performance, i.e. net operating income inclusive of SFC's management fees as outlined above.
As an immediate action item, SFC will perform an operational audit to identify opportunities to improve revenue generation and cost
containment strategies. Cost containment strategies will focus on all aspects of operating the aquatic center with a particular focus
on reviewing the operating schedule and required lifeguard staffing model to ensure that we are maximizing the safety of guests while
controlling the expenses associated with lifeguards.
We are excited about the opportunity to discuss the benefits of SFC's model with the City of Palm Desert and open to adjusting fees and
approach as needed to ensure that we are meeting the needs of the City.
SPORTS FACILITIES MANAGEMENT, LLC
Based on the RFP, it is our intention to work with the City to ensure alignment between our scope and the most
effective suite of services for the project. SFC is built on collaboration and we look forward to working with the City
to align SFC’s approach and proposed compensation with the City of Palm Desert's desired financial and operational
outcomes.
Page 459 of 570
iii SPORTS FACILITIES COMPANIES
With SFC's Full-Time Management (FTM) services, the Palm Desert
Aquatic Center will get day-to-day oversight of all aspects of the
venue including:
• Daily operations, maintanence, and management
• Sales
• Staffing (including training and certification)
• Scheduling
• Program Development and Management
• Monthly Financial Reporting
• Human Resources Oversight
• Legal and Risk Management Advisory Services
• Bookkeeping
• Local marketing initiatives to drive community events and
pool memberships
SFC's approach is much more robust than simply "opening the pool
and staffing lifeguards." Our robust management solution will drive a
better guest experience and greater financial outcomes for the City
of Palm Desert.
Personnel and Human Resources Services
Sourcing, hiring, developing and retaining good people is the key
to our organization. It begins with building a team that understands
and lives our values of accountability, excellence, collaboration, and
service. Our team truly cares about the operational outcomes and
fights for the goals set forth by our clients. This will be the case at
Palm Desert, and we only place personnel fully committed to your
success.
The SF Network was developed with the idea that facilities can be
more successful when banded together to leverage resources and
people. If managed by SFC, Palm Desert Aquatic Center and the City
of Palm Desert will have access to resources and human capital that
will reduce the burden on the City and create capacity of the on-site
team. This ultimately provides better programming opportunities for
the community and returns a greater ROI for the City.
SFC's Human Resources Services:
• Employee recruiting, training and retention
• Annual customer service and multi-cultural training
• Development of facility specific handbook
• Employee diversification, development and training
• Annual plan
• Schedule development
SFC's Network of General Managers
The SF Network was developed with the idea that facilities can
be more successful when banded together to leverage resources
and people. Only SFC General Managers (including Palm Desert
Aquatics Director) are part of the SF Network of GMs. This means that
Palm Desert Aquatic Center will be led by an Aquatics Director that
participates in the SFC weekly teleconference and/or Zoom meetings
with other SFC-employed GMs and the team of SFC operations
advisors. This call requires each facility manager to report in on the
progress they are making against established goals and it provides
opportunity for each of our GMs to seek perspective from other
managers who are dealing with or have already overcome similar
challenges. All of these centers deal with similar challenges and
opportunities inherent to the sports/fitness/ recreation/entertainment
facility industry. These managers are also benchmarked against
one another and against the highest revenue producing and highest
EBITDA-producing facilities in the country.
Transparent Financial Reporting
With SFC, Palm Desert will undergo a rigorous monthly “Budget
Versus Actual” (variance) review. Led by a full-time SFC Management
Advisor, your GM, leadership team, and staff will be part of a monthly
top-to-bottom review of the operation including a line item review
of “Budget vs. Actual” results. The process includes a review of the
prior month performance, a forward-looking discussion of critical
action items, marketing initiatives, and a pace-to-goal session. This
“variance” process drives performance and accountability while
providing the City of Palm Desert with complete transparency into the
facility's finances.
Marketing
SFC’s in-house marketing and design team will partner with the City
to create a strategic marketing plan and actionable campaigns to
generate the results for the facility which includes:
»Website optimization and social media campaign
»PR campaign
»Local community event creation
»Integration and collaboration with local program and stakeholder
groups
»Direct Mail campaign
»Ongoing weekly support calls and monthly strategy sessions
»Initial focus on staff recruitment
Using our experience in 40+ venues across the country, our team
brings marketing strategies that utilize best practices and deep
industry experience to drive conversions and achieve long-term
performance goals.
FULL-TIME MANAGEMENT
Within this section, SFC has outlined our approach to support the City of Palm Desert through the successful
management of the Palm Desert Aquatic Center.
Page 460 of 570
iv SPORTS FACILITIES COMPANIES
Additional Services
In addition to operational oversight, staffing, marketing and financial
tracking, the following services are also included in SFC’s Full-Time
Management Services:
1. Computer & IT services and support
2. Payroll administration and support
3. Provide and administer health insurance program
4. Provide worker’s compensation insurance
5. Share ‘best-practices’ policies and procedures, acquired
instructions and forms
6. Vendors, programs and software, and proven hardware
solutions
7. Annual updating of Business Plan
8. Food & Beverage Plan
9. Insurance coverage, taxes and assessments, compliance
with legal requirements, other fees and costs, etc.
10. Creation and annual review/updating of business plan and
budgets
11. Detailed timeline and action items for development and
facility/operation updates
12. Annual review of the business year prior and identification of
new programming
13. Capital improvements suggestions and review
14. Identification of new investments
15. Recurring coaching and collaboration sessions with SFC
management and SFC’S GM network.
This robust suite of services will help to ensure long-term success for
Palm Desert Aquatic Center. SFC's Team is continually looking for
opportunities to improve the guest experience and drive bottom line
performance."WE ARE THRILLED BY THE
PROSPECT OF PARTNERING
WITH THE CITY OF PALM
DESERT TO OPERATE THE PALM
DESERT AQUATIC CENTER."
JASON CLEMENT, CEO
Page 461 of 570
Under Jason’s leadership, the SF Companies have opened
more successful sports and recreation venues than any
organization in the country. As an experienced advisor he
has provided planning, strategy, finance, and operational
leadership to projects throughout the world.
CEO & FOUNDER
JASONClement
SPECIALTIES :
SFC leadership and oversight,
long-term strategic direction, partnership
management
YEARS IN INDUSTRY: 21
The Sports Facilities’ firms have become globally recognized leaders focusing on
transforming the health and economic vitality of communities around the world. As the Chief
Executive Officer of SFC, Jason leads the strategic direction, culture, and service standards
that define SFC in the public sector and private sector markets we serve.
Under Jason’s leadership, SF Companies recently launched new products to serve
communities focused on economic development and the youth and amateur sports
industry. The initiatives include an event company, new technology platforms, food &
beverage and gaming options. The firm is also focused on merchandising, purchasing, and
leveraging social capital to improve access to sport. Formally trained and licensed as an
architect, Jason began his career in sports architecture before transitioning into commercial
development and corporate real estate management. The experience was the spark to
bring similar professional management services to the youth & amateur sports industry.
Jason is a passionate and faith driven contributor to causes that positively impact families
and communities. He has founded, supported, and lead the growth as board chair to
multiple organizations including Habitat for Humanity, Man Up and Go, Calvary Christian
High School, Florida Small Business Development Center, and others.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
ICMA - Strategic Partner & Speaker
NRPA - Speaker
SportsETA - Featured Speaker & Content Contributor
Board Chair - Habitat for Humanity, Man Up & Go
Tampa Bay Business Journal “Hall of Fame”
NOTABLE PROJECTS
Aviator Sports & Events Center-Brooklyn NY Hoover Met Complex - Hoover, AL
Pelican Bay Aquatice Center-Edmond, OK Spooky Nook Sports - Lancaster, PA
Salvation Army KROC Center-South Bend IN Eugene Civic Alliance - Eugene OR
The HUB Recreation Center-Marion, IL Panama City Beach Sports Park - PCB, FL
Sand Mountain Park-Albertville, AL Paradise Coast Sports Complex - Naples, FL
Page 462 of 570
Ken is responsible for SFC’s Aquatics Venues nationwide,
assisting our clients with operating and optimizing our
indoor and outdoor pool facilities and water parks. His broad
and successful career has spanned almost twenty years of
operations, programming, training, marketing, budgeting
and forecasting.
AQUATICS ACCOUNT
EXECUTIVE
KENCOBB
SPECIALTIES :
aquatics staff development, partnership
collaboration
YEARS IN INDUSTRY: 13
Ken has served as an Aquatics Director to municipal and recreational pools, competition
pools, country clubs, water parks and private and public aquatic centers. He has worked
with the YMCA, the American Red Cross®, and The Pool & Hot Tub Alliance® as a Water
Safety Instructor, Lifeguard Instructor, and is a Certified Pool Operator.
Ken is also an accomplished swim coach having been a coach member of USA Swimming®
since 1984. Over his 20 years of coaching age group, senior club swimmers and high
school athletes, he has produced multiple Junior Olympic qualifiers and finalists, state
champions, junior and senior national qualifiers and college scholarship recipients. Ken
maintains close ties to the competitive swimming world as a certified coach with the
American Swim Coaches Association®, US Masters® Swimming, and USA Water Polo®.
His vast experience overseeing our aquatics venues provides our clients the operational
and programming expertise to appropriately serve their members and guests.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO®)
American Red Cross® Water Safety Instructor® (WSI)
American Red Cross® Certified Lifeguard Instructor
American Red Cross® CPR, First Aid and AED Certified
Certified Coach Member of USA Swimming® Since 1985
American Swim Coaches Association® [ASCA] Level 3 Certification
Certified Masters Coach with United States Masters Swimming® [USMS]
Certified CPR, First Aid and Safety Training for Swim Coaches
NOTABLE PROJECTS
Adventure Cove Water Park - Abilene, TX
Artesia Aquatic Center - Artesia, NM
Caporella Aquatic Center - Tamarac, FL
Pelican Bay Aquatic Center - Edmond, OK
Page 463 of 570
Marina has over thirteen years of experience in aquatics and
programming, including experience with the YMCA and the
Oklahoma City Parks and Recreation Department. Marina
brings her enduring passion for aquatics and enhancing
the local community to her role as the General Manager at
Pelican Bay Aquatic Center in Edmond, OK.
AQUATICS SPECIALIST
MARINAWells
SPECIALTIES :
staff development & training, programming,
aquatic operations
YEARS IN INDUSTRY: 13
In this position, Marina leads all components of daily operations for the seasonal water park.
She ensures that best practices are implemented in the areas of safety, customer service,
business development, staff development, risk mitigation, programming, and marketing and
branding.
Additionally, Marina attended Texas Tech University and is a certified aquatics facility
operator and lifeguard instructor for the American Red Cross.
Edmond’s Pelican Bay Aquatic Center is 17+ acre park that includes two 150 ft water slides,
diving boards, a current channel, a climbing wall and a slide splash pool. Programming
at Pelican Bay includes swim lessons, lifeguard certification, and aqua fitness as well as
numerous special events throughout the season. The Center also has bathhouses and a
concession area at the Pelican Bay Cafe Snack Bar and offers private rental for parties and
events.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO)
Aquatic Facilities Operator (AFO)
Lifeguard Instructor (LGI)
Lifeguard Management
NOTABLE PROJECTS
Pelican Bay Aquatic Center - Edmond, OK
*City of Oklahoma City Parks & Recreation Department
*YMCA
Page 464 of 570
19 SPORTS FACILITIES COMPANIES
NATIONAL DIRECTOR OF
BUSINESS DEVELOPMENT
JIMARNOLD
SPECIALTIES:
business development, program
planning, sustainability
YEARS IN INDUSTRY: 19
EDUCATION:
BS, Business Administration
St. Bonaventure University
MBA
St. Bonaventure University
Jim is widely recognized as one of the leading designers and
developers of youth sports complexes in the United States.
In his role as the National Business Development Director,
Jim Arnold leads the expansion of the SF Network of sports
and recreation destinations across the country.
With over 18 years of experience in the industry, Jim has overseen the planning, design,
development, and operations of many of the most innovative and successful facilities in
the country.
Notable has been his role in the development and growth of two of the largest brands
in youth sports, Ripken Baseball and Sports Force Parks. As part of this role, Jim was
instrumental in developing the company’s youth facilities from one park to three, with the
additions of the Ripken Experience Myrtle Beach and the Ripken Experience Pigeon Forge.
Jim’s projects are highly regarded for their ability to drive profitability throughout creative
design and self-operations.
While his career has been focused primarily on youth sports facility development, Jim has
been involved in projects that touch all levels of sports across the world. From his role in the
design of SRP Park (2018 Minor League Baseball Ballpark of the Year) to overseeing the
development of a country-wide growth and development strategy for New Zealand Baseball;
his experience across the sports landscape has an influential role in helping clients develop
the most innovative, unique and sustainable sports facilities in the industry.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
2019 Connect Sports Game Changer
Baltimore’s 35 Under 35
MILB Stadium of the Year
Champion of Economic Impact
NOTABLE PROJECTS
Cyclone Ballparks - Pecos, TX
The Basin Sports Complex (UTPB) - Odessa, TX
Ballparks of America - Branson, MO
Paradise Coast Sports Complex - Naples, FL
Cornerstone Sports Park - Starkville, MS
Elizabethtown Sports Park - Elizabethtown, KY
Ripken Experience - Myrtle Beach, SC; Pigeon Forge, TN; Aberdeen, MD*
*Please note: Projects completed prior to joining the firm.
Page 465 of 570
AE bioA driven collaborator and team leader, Ashley sits at the
intersection of brand strategy, marketing, and sales. With
award-winning creative work and proven strategies, Ashley
brings with her a track record of success to every project
and campaign. Clients get the benefit of SFC’s in-house
marketing and branding “agency” led by Ashley.
PARTNER & VP, MARKETING
ASHLEYWHITTAKER
SPECIALTIES :
marketing strategy, brand development,
business development
YEARS IN INDUSTRY: 14
EDUCATION
BA Industrial Design
University of Illinois
Ashley leads corporate business development and marketing for the Sports Facilities
Companies as well as the SFC Facility Marketing Department which is responsible for the
marketing, branding, and project management of SFM Network facilities. Under her leader-
ship, inbound leads and inquiries have more than tripled, SFC’s firms have been featured
in major media outlets such as HBO, TIME, and Wallstreet Journal, and SFC leadership is
regularly sought out for interviews and speaking engagements.
As the leader of SFC’s in-house agency, Ashley and her team develop engaging brands,
results-driven marketing strategies, and bring proven solutions to SFC clients. In 2019,
Ashley created and launched the SF Network platform which drives online booking, brand
awareness, and creates cooperative marketing activations for all the facilities in the SFC
portfolio.
Ashley comes from a background in product design with Gill Athletics, the largest and
oldest manufacturer of track and field equipment in North America and Porter Athletic, the
basketball/volleyball heritage brand. Her unique blend of design thinking, leadership, and
marketing strategy lends itself well to serving SF Network and SFC clients.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
SFC “MVP” Award Winner
#StrongerTogether SportEvents Sales & Marketing Committee
Guest Lecturer, University of Northern Iowa
Gold & Silver ADDY Awards for Design
Conference Speaker: ICMA, MRPA, US Indoor
NOTABLE PROJECTS
Hoover Metropolitan Complex, Hoover, AL
Iron Peak Sports & Events, Hillsborough, NJ
Cedar Point Sports Center, Sandusky, OH
The Hub Recreation Center, Marion, IL
Rocky Mount Events Center, Rocky Mount, NC
Horizons Edge Sports Campus, Harrisonburg, VA
Page 466 of 570
An energetic and results-driven financial leader, Bob has
guided teams that perform finance functions for some of
the world’s largest companies. Bob takes his experience
developing and implementing financial processes at the
highest level and his experience in a diverse set of industries
to his role as Chief Financial Officer for SFC.
PARTNER & CFO
BOBSTOUT
SPECIALTIES :
financial forecasting, budget creation, risk
management
YEARS IN INDUSTRY: 20
Bob has extensive experience developing and implementing financial processes, systems,
and controls for some of the world’s largest companies, including Walmart, Inc. He has a
proven record of achievement in E-commerce, real estate development, and retail. Through
his work, Bob has managed planning, forecasting, and reporting (external and internal)
for multiple segment levels and corporate support areas, and has driven productivity
and improved bottom-line results. Bob has in-depth experience leading acquisition due
diligence and negotiations, including lease and contract reviews, best practice analysis, risk
assessments, and valuations. Prior to joining the SF Companies, Bob served in a number
of roles over a 10-year span at Walmart, Inc. As CFO, Bob led the finance and accounting
teams for Walmart’s $3 billion e-commerce business (walmart.com) from 2008-2010.
From 2012 to 2019, Bob also served as a city councilman and, then, as the mayor of the
city of Little Flock, AR. This role provided Bob with experience in municipal budgeting,
governmental fund accounting, state audits, and FEMA disaster application development
and administration.
Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF
Network venue finance teams. Bob also oversees risk management and major corporate
growth initiatives.
RELEVANT PROJECTS
Horizons Edge Sports Campus - Harrisonburg, VA
Sand Mountain Park & Amphitheater - Albertville, AL
Bridgeport Recreation Complex - Bridgeport, WV
The Highlands Sports Complex - Wheeling, WV
Rocky Top Sports World - Gatlinburg, TN
Page 467 of 570
Tami is a dedicated human resources leader with a proven
track record of building systems for attracting and retaining
top talent and supporting the development of proactive work
cultures for companies of various sizes and industries. Tami
takes her experience building high-performing work forces
to her role as VP of Human Resources for SFC.
VP, HUMAN RESOURCES
TAMISwanson
SPECIALTIES :
talent acquisition, employee
performance oversight,
professional development
YEARS IN INDUSTRY: 21
In this position, Tami leads all of aspects of human resources from hire to retire, talent
acquisition, payroll, benefits, and training and development. Her expertise in team devel-
opment creates a talent pipeline for SF Network venues. Additionally, Tami is committed
to creating an environment that is warm and welcoming to all team members through
approachability, kindness, and respect.
Tami began her career in retail operations where she held several leadership roles. Her
passion for helping team members reach their professional goals led to her transition into
human resources. Since then, she’s made a large impact on the organizations she’s worked
with by increasing the levels of employee engagement and continuous process improve-
ment.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Senior Professional in Human Resources Certification (SPHR)
Society of Human Resource Management – Certified Professional (SHRM-CP)
NOTABLE PROJECTS
Cedar Point Sports Center - Sandusky, OH
Publix Sports Park - Panama City Beach, FL
Community First Champion Center - Grand Chute, WI
Elizabethtown Sports Park - Elizabethtown, KY
Iron Peak Sports & Events - Hillsborough, NJ
Ballparks of America - Branson, MO
Page 468 of 570
Bruce has 26 years of law practice experience and has
taught and lectured on Sports Law topics during most of
that time. He has worked in professional sports for the
Indianapolis Colts, collegiate athletics at the University of
Kentucky and as a volunteer leader for numerous local, state
and national youth sports organizations and events.
GENERAL COUNSEL
BRUCERector
SPECIALTIES :
risk management & insurance
guidance, legal counsel
YEARS IN INDUSTRY: 26
EDUCATION
University of Kentucky
He also served as the 58th president of Junior Chamber International (JCI), a
200,000-member organization of young leaders and entrepreneurs from over 100 countries.
Prior to joining SFC, Bruce was President of KBA Sports, Inc., in Lexington, Kentucky
where he led a team of professionals in organizing, hosting, and managing large sports and
recreation programs including regional and national championship tournaments. In his final
year at KBA Sports, the organization attracted over 500,000 visitors for various tournaments
and events.
An inspiring speaker, trainer and author on leadership topics, Bruce is the author of Monday
Morning Messages: Teaching, Inspiring and Motivating to Lead (Xephor Press 2005). He
currently serves on the board of trustees at the University of the Cumberlands and is also
active in a number of non-profit organizations in the Tampa Bay area.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
University of the Cumberlands Board of Trustees
Leadership Pinellas
Clearwater Regional Chamber of Commerce
NOTABLE PROJECTS
Rocky Top Sports World - Gatlinburg, TN
Myrtle Beach Sports Center - Myrtle Beach, SC
Elizabethtown Sports Park - Elizabethtown, KY
Publix Sports Park - Panama City Beach, FL
Rocky Mount Event Center - Rocky Mount, NC
Bo Jackson’s Elite Sports - Hilliard, OH
Pelican Bay Aquatic Center - Edmond, OK
Ballparks of America - Branson, MO
Page 469 of 570
Under Jason’s leadership, the SF Companies have opened
more successful sports and recreation venues than any
organization in the country. As an experienced advisor he
has provided planning, strategy, finance, and operational
leadership to projects throughout the world.
CEO & FOUNDER
JASONClement
SPECIALTIES :
SFC leadership and oversight,
long-term strategic direction, partnership
management
YEARS IN INDUSTRY: 21
The Sports Facilities’ firms have become globally recognized leaders focusing on
transforming the health and economic vitality of communities around the world. As the Chief
Executive Officer of SFC, Jason leads the strategic direction, culture, and service standards
that define SFC in the public sector and private sector markets we serve.
Under Jason’s leadership, SF Companies recently launched new products to serve
communities focused on economic development and the youth and amateur sports
industry. The initiatives include an event company, new technology platforms, food &
beverage and gaming options. The firm is also focused on merchandising, purchasing, and
leveraging social capital to improve access to sport. Formally trained and licensed as an
architect, Jason began his career in sports architecture before transitioning into commercial
development and corporate real estate management. The experience was the spark to
bring similar professional management services to the youth & amateur sports industry.
Jason is a passionate and faith driven contributor to causes that positively impact families
and communities. He has founded, supported, and lead the growth as board chair to
multiple organizations including Habitat for Humanity, Man Up and Go, Calvary Christian
High School, Florida Small Business Development Center, and others.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
ICMA - Strategic Partner & Speaker
NRPA - Speaker
SportsETA - Featured Speaker & Content Contributor
Board Chair - Habitat for Humanity, Man Up & Go
Tampa Bay Business Journal “Hall of Fame”
NOTABLE PROJECTS
Aviator Sports & Events Center-Brooklyn NY Hoover Met Complex - Hoover, AL
Pelican Bay Aquatice Center-Edmond, OK Spooky Nook Sports - Lancaster, PA
Salvation Army KROC Center-South Bend IN Eugene Civic Alliance - Eugene OR
The HUB Recreation Center-Marion, IL Panama City Beach Sports Park - PCB, FL
Sand Mountain Park-Albertville, AL Paradise Coast Sports Complex - Naples, FL
Page 470 of 570
Ken is responsible for SFC’s Aquatics Venues nationwide,
assisting our clients with operating and optimizing our
indoor and outdoor pool facilities and water parks. His broad
and successful career has spanned almost twenty years of
operations, programming, training, marketing, budgeting
and forecasting.
AQUATICS ACCOUNT
EXECUTIVE
KENCOBB
SPECIALTIES :
aquatics staff development, partnership
collaboration
YEARS IN INDUSTRY: 13
Ken has served as an Aquatics Director to municipal and recreational pools, competition
pools, country clubs, water parks and private and public aquatic centers. He has worked
with the YMCA, the American Red Cross®, and The Pool & Hot Tub Alliance® as a Water
Safety Instructor, Lifeguard Instructor, and is a Certified Pool Operator.
Ken is also an accomplished swim coach having been a coach member of USA Swimming®
since 1984. Over his 20 years of coaching age group, senior club swimmers and high
school athletes, he has produced multiple Junior Olympic qualifiers and finalists, state
champions, junior and senior national qualifiers and college scholarship recipients. Ken
maintains close ties to the competitive swimming world as a certified coach with the
American Swim Coaches Association®, US Masters® Swimming, and USA Water Polo®.
His vast experience overseeing our aquatics venues provides our clients the operational
and programming expertise to appropriately serve their members and guests.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO®)
American Red Cross® Water Safety Instructor® (WSI)
American Red Cross® Certified Lifeguard Instructor
American Red Cross® CPR, First Aid and AED Certified
Certified Coach Member of USA Swimming® Since 1985
American Swim Coaches Association® [ASCA] Level 3 Certification
Certified Masters Coach with United States Masters Swimming® [USMS]
Certified CPR, First Aid and Safety Training for Swim Coaches
NOTABLE PROJECTS
Adventure Cove Water Park - Abilene, TX
Artesia Aquatic Center - Artesia, NM
Caporella Aquatic Center - Tamarac, FL
Pelican Bay Aquatic Center - Edmond, OK
Page 471 of 570
Marina has over thirteen years of experience in aquatics and
programming, including experience with the YMCA and the
Oklahoma City Parks and Recreation Department. Marina
brings her enduring passion for aquatics and enhancing
the local community to her role as the General Manager at
Pelican Bay Aquatic Center in Edmond, OK.
AQUATICS SPECIALIST
MARINAWells
SPECIALTIES :
staff development & training, programming,
aquatic operations
YEARS IN INDUSTRY: 13
In this position, Marina leads all components of daily operations for the seasonal water park.
She ensures that best practices are implemented in the areas of safety, customer service,
business development, staff development, risk mitigation, programming, and marketing and
branding.
Additionally, Marina attended Texas Tech University and is a certified aquatics facility
operator and lifeguard instructor for the American Red Cross.
Edmond’s Pelican Bay Aquatic Center is 17+ acre park that includes two 150 ft water slides,
diving boards, a current channel, a climbing wall and a slide splash pool. Programming
at Pelican Bay includes swim lessons, lifeguard certification, and aqua fitness as well as
numerous special events throughout the season. The Center also has bathhouses and a
concession area at the Pelican Bay Cafe Snack Bar and offers private rental for parties and
events.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO)
Aquatic Facilities Operator (AFO)
Lifeguard Instructor (LGI)
Lifeguard Management
NOTABLE PROJECTS
Pelican Bay Aquatic Center - Edmond, OK
*City of Oklahoma City Parks & Recreation Department
*YMCA
Page 472 of 570
18 SPORTS FACILITIES COMPANIES
NATIONAL DIRECTOR OF
BUSINESS DEVELOPMENT
JIMARNOLD
SPECIALTIES:
business development, program
planning, sustainability
YEARS IN INDUSTRY: 19
EDUCATION:
BS, Business Administration
St. Bonaventure University
MBA
St. Bonaventure University
Jim is widely recognized as one of the leading designers and
developers of youth sports complexes in the United States.
In his role as the National Business Development Director,
Jim Arnold leads the expansion of the SF Network of sports
and recreation destinations across the country.
With over 18 years of experience in the industry, Jim has overseen the planning, design,
development, and operations of many of the most innovative and successful facilities in
the country.
Notable has been his role in the development and growth of two of the largest brands
in youth sports, Ripken Baseball and Sports Force Parks. As part of this role, Jim was
instrumental in developing the company’s youth facilities from one park to three, with the
additions of the Ripken Experience Myrtle Beach and the Ripken Experience Pigeon Forge.
Jim’s projects are highly regarded for their ability to drive profitability throughout creative
design and self-operations.
While his career has been focused primarily on youth sports facility development, Jim has
been involved in projects that touch all levels of sports across the world. From his role in the
design of SRP Park (2018 Minor League Baseball Ballpark of the Year) to overseeing the
development of a country-wide growth and development strategy for New Zealand Baseball;
his experience across the sports landscape has an influential role in helping clients develop
the most innovative, unique and sustainable sports facilities in the industry.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
2019 Connect Sports Game Changer
Baltimore’s 35 Under 35
MILB Stadium of the Year
Champion of Economic Impact
NOTABLE PROJECTS
Cyclone Ballparks - Pecos, TX
The Basin Sports Complex (UTPB) - Odessa, TX
Ballparks of America - Branson, MO
Paradise Coast Sports Complex - Naples, FL
Cornerstone Sports Park - Starkville, MS
Elizabethtown Sports Park - Elizabethtown, KY
Ripken Experience - Myrtle Beach, SC; Pigeon Forge, TN; Aberdeen, MD*
*Please note: Projects completed prior to joining the firm.
Page 473 of 570
A driven collaborator and team leader, Ashley sits at the
intersection of brand strategy, marketing, and sales. With
award-winning creative work and proven strategies, Ashley
brings with her a track record of success to every project
and campaign. Clients get the benefit of SFC’s in-house
marketing and branding “agency” led by Ashley.
PARTNER & VP, MARKETING
ASHLEYWHITTAKER
SPECIALTIES :
marketing strategy, brand development,
business development
YEARS IN INDUSTRY: 14
EDUCATION
BA Industrial Design
University of Illinois
Ashley leads corporate business development and marketing for the Sports Facilities
Companies as well as the SFC Facility Marketing Department which is responsible for the
marketing, branding, and project management of SFM Network facilities. Under her leader-
ship, inbound leads and inquiries have more than tripled, SFC’s firms have been featured
in major media outlets such as HBO, TIME, and Wallstreet Journal, and SFC leadership is
regularly sought out for interviews and speaking engagements.
As the leader of SFC’s in-house agency, Ashley and her team develop engaging brands,
results-driven marketing strategies, and bring proven solutions to SFC clients. In 2019,
Ashley created and launched the SF Network platform which drives online booking, brand
awareness, and creates cooperative marketing activations for all the facilities in the SFC
portfolio.
Ashley comes from a background in product design with Gill Athletics, the largest and
oldest manufacturer of track and field equipment in North America and Porter Athletic, the
basketball/volleyball heritage brand. Her unique blend of design thinking, leadership, and
marketing strategy lends itself well to serving SF Network and SFC clients.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
SFC “MVP” Award Winner
#StrongerTogether SportEvents Sales & Marketing Committee
Guest Lecturer, University of Northern Iowa
Gold & Silver ADDY Awards for Design
Conference Speaker: ICMA, MRPA, US Indoor
NOTABLE PROJECTS
Hoover Metropolitan Complex, Hoover, AL
Iron Peak Sports & Events, Hillsborough, NJ
Cedar Point Sports Center, Sandusky, OH
The Hub Recreation Center, Marion, IL
Rocky Mount Events Center, Rocky Mount, NC
Horizons Edge Sports Campus, Harrisonburg, VA
Page 474 of 570
An energetic and results-driven financial leader, Bob has
guided teams that perform finance functions for some of
the world’s largest companies. Bob takes his experience
developing and implementing financial processes at the
highest level and his experience in a diverse set of industries
to his role as Chief Financial Officer for SFC.
PARTNER & CFO
BOBSTOUT
SPECIALTIES :
financial forecasting, budget creation, risk
management
YEARS IN INDUSTRY: 20
Bob has extensive experience developing and implementing financial processes, systems,
and controls for some of the world’s largest companies, including Walmart, Inc. He has a
proven record of achievement in E-commerce, real estate development, and retail. Through
his work, Bob has managed planning, forecasting, and reporting (external and internal)
for multiple segment levels and corporate support areas, and has driven productivity
and improved bottom-line results. Bob has in-depth experience leading acquisition due
diligence and negotiations, including lease and contract reviews, best practice analysis, risk
assessments, and valuations. Prior to joining the SF Companies, Bob served in a number
of roles over a 10-year span at Walmart, Inc. As CFO, Bob led the finance and accounting
teams for Walmart’s $3 billion e-commerce business (walmart.com) from 2008-2010.
From 2012 to 2019, Bob also served as a city councilman and, then, as the mayor of the
city of Little Flock, AR. This role provided Bob with experience in municipal budgeting,
governmental fund accounting, state audits, and FEMA disaster application development
and administration.
Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF
Network venue finance teams. Bob also oversees risk management and major corporate
growth initiatives.
RELEVANT PROJECTS
Horizons Edge Sports Campus - Harrisonburg, VA
Sand Mountain Park & Amphitheater - Albertville, AL
Bridgeport Recreation Complex - Bridgeport, WV
The Highlands Sports Complex - Wheeling, WV
Rocky Top Sports World - Gatlinburg, TN
Page 475 of 570
Tami is a dedicated human resources leader with a proven
track record of building systems for attracting and retaining
top talent and supporting the development of proactive work
cultures for companies of various sizes and industries. Tami
takes her experience building high-performing work forces
to her role as VP of Human Resources for SFC.
VP, HUMAN RESOURCES
TAMISwanson
SPECIALTIES :
talent acquisition, employee
performance oversight,
professional development
YEARS IN INDUSTRY: 21
In this position, Tami leads all of aspects of human resources from hire to retire, talent
acquisition, payroll, benefits, and training and development. Her expertise in team devel-
opment creates a talent pipeline for SF Network venues. Additionally, Tami is committed
to creating an environment that is warm and welcoming to all team members through
approachability, kindness, and respect.
Tami began her career in retail operations where she held several leadership roles. Her
passion for helping team members reach their professional goals led to her transition into
human resources. Since then, she’s made a large impact on the organizations she’s worked
with by increasing the levels of employee engagement and continuous process improve-
ment.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Senior Professional in Human Resources Certification (SPHR)
Society of Human Resource Management – Certified Professional (SHRM-CP)
NOTABLE PROJECTS
Cedar Point Sports Center - Sandusky, OH
Publix Sports Park - Panama City Beach, FL
Community First Champion Center - Grand Chute, WI
Elizabethtown Sports Park - Elizabethtown, KY
Iron Peak Sports & Events - Hillsborough, NJ
Ballparks of America - Branson, MO
Page 476 of 570
Bruce has 26 years of law practice experience and has
taught and lectured on Sports Law topics during most of
that time. He has worked in professional sports for the
Indianapolis Colts, collegiate athletics at the University of
Kentucky and as a volunteer leader for numerous local, state
and national youth sports organizations and events.
GENERAL COUNSEL
BRUCERector
SPECIALTIES :
risk management & insurance
guidance, legal counsel
YEARS IN INDUSTRY: 26
EDUCATION
University of Kentucky
He also served as the 58th president of Junior Chamber International (JCI), a
200,000-member organization of young leaders and entrepreneurs from over 100 countries.
Prior to joining SFC, Bruce was President of KBA Sports, Inc., in Lexington, Kentucky
where he led a team of professionals in organizing, hosting, and managing large sports and
recreation programs including regional and national championship tournaments. In his final
year at KBA Sports, the organization attracted over 500,000 visitors for various tournaments
and events.
An inspiring speaker, trainer and author on leadership topics, Bruce is the author of Monday
Morning Messages: Teaching, Inspiring and Motivating to Lead (Xephor Press 2005). He
currently serves on the board of trustees at the University of the Cumberlands and is also
active in a number of non-profit organizations in the Tampa Bay area.
NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
University of the Cumberlands Board of Trustees
Leadership Pinellas
Clearwater Regional Chamber of Commerce
NOTABLE PROJECTS
Rocky Top Sports World - Gatlinburg, TN
Myrtle Beach Sports Center - Myrtle Beach, SC
Elizabethtown Sports Park - Elizabethtown, KY
Publix Sports Park - Panama City Beach, FL
Rocky Mount Event Center - Rocky Mount, NC
Bo Jackson’s Elite Sports - Hilliard, OH
Pelican Bay Aquatic Center - Edmond, OK
Ballparks of America - Branson, MO
Page 477 of 570
Project Team: Organized to create results
Ashley Whittaker
VP of Marketing
Bruce Rector
Legal Compliance
Risk Management
Ken Cobb
Aquatics Design
Subject Matter
Expert
City of Palm Desert
Sports Facilities Companies
TBD
Onsite General
Manager
Jason Clement
CEO
Bob Stout
Finance & Accounting
Tami Swanson
Human Resources
Team Development
Michael Kelly
Executive Vice President
TBD
SFC will conduct a national
search inclusive of existing staff
and personnel within the SFC
ecosystem in effort to find the
top candidate. The City will
have ultimate veto and approval
authority for this role.
Jim Arnold
Partner,
Business Development
Page 478 of 570
Contract No. ____________
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 12th day of OCTOBER, 2023, by and
between the City of Palm Desert, a municipal corporation organized under the laws of the State
of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California 92260-2578, County of Riverside, State of California (“City”) and SPORTS FACILITIES
MANAGEMENT, a LIMITED LIABILITY COMPANY, with its principal place of business at 600
CLEVELAND STREET, SUITE 910, CLEARWATER, FL 33755 ("Consultant"). City and
Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
PALM DESERT AQUATIC CENTER MANAGEMENT AND OPERATIONS
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state, and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from NOVEMBER 1,
2023, to JUNE 30, 2029, unless earlier terminated as provided herein. The City shall have the
unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 5
additional one-year terms. Consultant shall complete the Services within the term of this
Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of the City and shall at all times
be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees, or agents shall have control over the conduct of Consultant or any of
Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
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Contract No. ____________
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to t erminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: MICHAEL KELLY, BRUCE
RECTOR, KEN COBB, ASHLEY WHITTAKER, JIM ARNOLD, JASON CLEMENT, BOB
STOUT, AND TAMI SWANSON.
3.2.5 City's Representative. The City hereby designates SHAWN MUIR,
COMMUNITY SERVICES MANAGER, or his/her designee, to act as its representative in all
matters pertaining to the administration and performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for review
and approval of all products submitted by Consultant but not the authority to enlarge the scope of
Services or change the total compensation due to Consultant under this Agreement. The City
Manager shall be authorized to act on City's behalf and to execute all necessary documents which
enlarge the scope of services or change the Consultant's total compensation subject to the
provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or
orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates KEN
COBB, ACCOUNT MANAGER, or his/her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants, and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
Page 480 of 570
Contract No. ____________
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub-consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be
separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
Page 481 of 570
Contract No. ____________
3.2.10.1 Employment Eligibility; Consultant. Consultant
certifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time and shall require all
subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has
not committed a violation of any such law within the five (5) years immediately preceding the date
of execution of this Agreement and shall not violate any such law at any time during the term of
the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer, and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, physical
disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual
orientation, reproductive health decision making, veteran or military status, or any other
consideration made unlawful by federal, state, or local laws. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply
with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan
or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as I nsurance Services
Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $6,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
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Contract No. ____________
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set for th above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop-down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies; and
(4) Policies shall “follow form” to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
(F) Fidelity Coverage. Consultant shall provide evidence of
fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than
$1,000,000 per occurrence.
(G) Cyber Liability Insurance. Consultant shall procure and
maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall
include the following coverage:
(1) Liability arising from the theft, dissemination and/or use
of confidential or personally identifiable information;
including credit monitoring and regulatory fines arising
from such theft, dissemination, or use of the confidential
information.
(2) Network security liability arising from the unauthorized
use of, access to, or tampering with computer systems.
(3) Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
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Contract No. ____________
(4) Electronic Media Liability arising from personal injury,
plagiarism or misappropriation of ideas, domain name
inf ringement or improper deep-linking or framing, and
inf ringement or violation of intellectual property rights.
(5) Liability arising from the failure to render professional
services
If coverage is maintained on a claims-made basis, Consultant shall
maintain such coverage for an additional period of three (3) years following termination of the
Agreement.
(H) Pollution Liability Insurance. Environmental Impairment Liability
Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to
the City providing coverage for liability arising out of sudden, accidental and gradual pollution and
remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations.” The policy shall provide coverage for the hauling of waste from
the Project site to the final disposal location, including non-owned disposal sites.
(I) Sexual Abuse and Molestation Liability Insurance. Consultant
shall procure and maintain Sexual Abuse and Molestation Liability insurance with limits of not less
than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage may be provided
as part of Commercial General Liability insurance, Professional Liability insurance; or as a
separate policy.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self -
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
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Contract No. ____________
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability, cyber liability, and sexual abuse and molestation
policies shall provide or be endorsed to provide that the City and its officers, officials, employees,
agents, volunteers and representatives shall be additional insureds with regard to liability and
defense of suits or claims arising out of the performance of the Agreement, under such policies.
This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
Page 485 of 570
Contract No. ____________
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with laws,
regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant
warrants that all employees and subcontractors shall have sufficient skill and experience to
perform the work assigned to them without impacting water quality in violation of the laws,
regulations and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
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not exceed ONE MILLION, FOUR HUNDRED AND FIFTY-EIGHT THOUSAND, SEVEN
HUNDRED AND SIXTY-SEVEN DOLLARS ($1,458,767.00) without written approval of the City
Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of
provided Services or termination of this Agreement and failure by the Consultant to submit a timely
invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages f or each craft, classification or type of worker
needed to execute the Services available to interested parties upon request and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
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all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers,
and representatives free and harmless from any claim or liability arising out of stop orders issued
by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law, equity or under
this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon thirty (30) days’ written notice, order work on the Project to cease. Upon
termination, Consultant shall be compensated only for those Services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
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3.6.1.4 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
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3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: SPORTS FACILITIES MANAGEMENT, LLC
600 CLEVELAND STREET, SUITE 910
CLEARWATER, FL 33755
ATTN: KEN COBB
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: SHAWN MUIR, COMMUNITY SERVICES
MANAGER
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City at
the actual cost of duplication. In the event of a dispute regarding the amount of compensation to
which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
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3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents, and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment, or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
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another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
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this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, volunteers and representatives except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
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Contract No. ____________
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND SPORTS FACILITIES MANAGEMENT, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
SPORTS FACILITIES MANAGEMENT
LIMITED LIABILITY COMPANY
By:
Its:
Printed
Name:
By:
Its:
Printed
Name:
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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Contract No. ____________
Exhibit “B”
EXHIBIT "A"
SCOPE OF SERVICES
General Scope:
The Consultant will provide management and operations services for City of Palm Desert
in accordance with the Contract Documents at the Palm Desert Aquatic Center (PDAC),
located at 73751 Magnesia Falls Drive, Palm Desert, CA 92260.
The City is seeking a partner who embodies high quality standards, emphasizes excellent
customer service, and has the ability to maintain consistently high standards while
operating the Aquatic Center. The City desires to select a qualified firm to operate the
Aquatic Center who can deliver optimal value, enhance safety, and deliver the customer
service expected from PDAC patrons.
The City hereby requests Proposers to demonstrate their ability to provide and perform
services for the Aquatic Center including, but not limited to, management, operations,
marketing, programming, concessions, and janitorial services relating to the Aquatic
Center as described in this Scope of Services. The Aquatic Center consists of the
following amenities:
50-Meter Pool with Diving Area
Recreation / Therapy Pool (with slides)
Children’s Pool with Water Play Structure
Concessions Area (675 Sq. Ft.)
Men’s and Women’s Locker Rooms
Family Restrooms and Changing Areas
Lifeguard Room / First Aid Room
Administration Offices
Multi-Purpose Room (842 Sq. Ft.)
Storage Room
Mechanical Room
Chemical Storage Areas
The City contracts the major pool mechanical maintenance of the Aquatic Center to a
third-party contractor and will work closely with the successful Proposer to ensure prompt
service to the facility. All utilities will be directly billed and paid for by the City.
All services provided by the Proposer must be performed to the industry standards and
compliant with all applicable local, county, state, and federal laws.
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Exhibit “B”
All Bidders are encouraged to submit alternatives or other creative options to ANY of the
Services to be Performed with the intent of meeting or exceeding the requirements set
forth.
History of Operations
The following chart describes the financial and programming history of the Palm Desert
Aquatic Center from 2019-2022. These numbers may be used as a reference when
formulating a business and operations plan.
Services to be Performed
The Consultant will provide services, plans and procedures as described below for the
day-to-day management and operations of the facility:
Perform maintenance, cleaning, and minor repairs of all pools, equipment, and
facilities.
Perform daily safety and compliance checks of all pools, decks, pool amenities,
and facilities. Notify City staff of all urgent issues immediately and routine concerns
within one business day.
Complete daily inspection report form for water slides and applicable attractions
when in use and maintain on file.
Ensure the pool and support facilities meet cleanliness and hygiene standards.
Ensure all pools meet applicable Riverside County Health Department standard
compliance (chemicals, flow, filtration, etc.).
Manually check and record water chemistry in each pool every 2 hours (minimum)
and adjust chemicals as needed.
Maintain industry standards for water clarity and cleanliness on all pools.
Inspect and maintain records of all pools and equipment.
Monitor inventory levels of chemicals and other pool maintenance supplies for the
purpose of ensuring the availability of supplies as needed.
Prepare and process purchase orders for the purpose of securing needed supplies
according to City of Palm Desert purchasing policies and requirements.
Provide regular KPI data and reports as required for assigned equipment and
programs.
Maintain equipment and chemical rooms to be free of non-essential equipment,
used parts, clutter and chemical spills.
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Exhibit “B”
Follow all required safety precautions when using hazardous materials, assigned
tools, and machinery.
Set up and/or move equipment (e.g., starting blocks, bleachers, diving boards etc.)
for the purpose of ensuring availability for patrons and programs.
Maintain cleanliness of all facilities within the aquatic center: pools, drains, deck,
locker rooms, etc.
Perform facility painting and retouches as necessary to maintain a high-quality
facility facade.
Promote and exemplify City of Palm Desert Mission, Vision, and Core Values.
Exercise excellent customer service. Follow up on complaints, questions, and
concerns; respond to internal and external customer needs in a friendly, timely and
efficient manner.
Administer regular customer feedback and satisfaction surveys.
Comply with local jurisdictional requirements and industry standards as applicable
including but not limited to: California Pool Code, Model Aquatic Health Code,
OSHA Hazardous Communications Standard and OSHA Bloodborne Pathogens
Standard.
Business Plan
Consultant shall provide a Business Plan to include the following:
Hours of operation (subject to change if approved in writing by the City)
o May through September
Monday – Friday 5:30 am – 7:00 pm
Saturdays 7:00 am - 7:00 pm
Sundays 8:00 am – 7:00 pm
o October through April
Monday – Friday 5:30 am – 7:00 pm
Saturdays 7:00 am - 5:00 pm
Sundays 8:00 am – 5:00 pm
Personnel requirements
Fiscal management plan and budgeting methods
Communication and marketing program
Guidelines for policy development for programs and facility
A DRAFT version of the business plan should be submitted along with the RFP
submission. The DRAFT version is intended to outline the understanding of the
RFP and the operations of the facility along with anticipated Revenue and Expense
goals. It is not intended to be a fully thought-out Business Plan and is expected to
be amended.
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Contract No. ____________
Exhibit “B”
The City has a goal of decreasing the current subsidy of PDAC and is open
to considering creative solutions to increase revenue and/or decrease
expenses to reach its goals.
Preventative Maintenance Plan
The Consultant shall adhere to the established comprehensive Preventative Maintenance
Plan provided by the City that includes, but is not limited to the following:
A. Facility Inspection Program
1. Details of facility inspections
2. Frequency of facility inspections
B. Routine Maintenance to be performed.
C. Expected Capital Improvement Items
The City will provide the following to be included in the Preventative Maintenance Plan:
A. Available PDAC As Built Plans
B. Mechanical Equipment Inventory
1. Name and Model #
2. Manufacturer and contact info.
3. Local Vendor (as applicable)
4. Replacement and service details
C. Equipment Manuals
1. In the event an equipment manual is not available, the City shall attempt to
provide a satisfactory replacement from the equipment manufacturer.
2. If no manual is available, the Consultant shall provide a written document
outlining the standard operating procedures for maintaining and operating the
applicable piece of equipment.
Safety Plan
The Consultant shall provide and maintain a facility Safety Plan that includes, but is not
limited to the following:
A. Facility Staffing Plan
1. Code Compliance Staffing Plan
2. Zones of Patron Surveillance
3. Rotation Procedures
4. Alternation of Tasks
5. Supervision Protocols
B. Emergency Action Plans
1. Emergency procedures for anticipated emergencies at the aquatic center
2. Methods of communication
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Contract No. ____________
Exhibit “B”
3. Required emergency equipment.
4. Emergency closure requirements
C. Biohazard Action Plan
1. Fecal vomit and blood contamination of the pool and facility surfaces
D. Pre-Service Training Plan
1. Facility policies and procedures to be included in training.
2. Demonstration of required Safety Team skills specific to PDAC
3. Documentation of training
E. In-Service Training Plan
1. In-service training frequency. A minimum of 4 hours of in-service training
monthly is required of all staff that regularly, or MAY perform lifeguard duties.
a. Makeup in-services may be held for approved absences and must comply
with the original in-service plan missed.
b. Lifeguards who do not meet the monthly in-service training requirement
must undergo Pre-Service Training prior to returning to Lifeguard duties.
2. In-service documentation
3. Certification maintenance
4. Demonstration of Lifeguard Skill Proficiencies
5. Competency Demonstration Plan
a. Ability to reach the furthest edge of Zones of Surveillance within 20
seconds.
b. Ability to perform required emergency response skills.
c. Ability to perform Resuscitation and First Aid skills.
Recruitment and Hiring Plan
A. Recruitment and Hiring
1. Consultant will submit a written process for recruitment and hiring.
B. Organizational Chart and Staffing Levels
Consultant will provide and maintain an organizational chart depicting the
management approach and general staff responsibilities. Staffing levels will be
maintained at a minimum required based on the submitted and approved staffing
plan (Safety Plan – Section 1) and Zone Evaluation documentation.
Staffing and salary ranges are to be provided annually to the City of Palm Desert
Director of Public Works for approval.
Alternative organization and staffing plans that meet safety and operating
requirements may be submitted by the Consultant. All alternate staffing plans must
be approved by the City of Palm Desert before they are instituted.
C. All personnel will be easily identifiable by approved uniforms at all times while on
duty.
Page 499 of 570
Contract No. ____________
Exhibit “B”
D. Janitorial services for the facility will be completed by the Consultant and is
typically performed by Lifeguards and other staff on duty.
1. Regular locker room checks are expected to be performed throughout the
day.
2. Locker room check sheets may be utilized at the discretion of the Consultant.
E. Position Descriptions
1. Descriptions for key positions listed above will be developed and maintained
by the Consultant.
Staff Training
A. PDAC staff will maintain the following minimum training credentials:
1. Aquatic Director / Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or
approved equal.
2. Aquatic Director / Manager, Aquatics Coordinator, Facility Operations
Manager, or other staff
a. Lifeguard Instructor Certification (LGI)
3. Facility Operations Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or
approved equal.
4. Aquatics Front Desk & Concessions Manager
a. Food Manager Certification (must be from a school recognized by the
Riverside County Department of Environmental
Health: https://rivcoeh.org/sites/g/files/aldnop361/files/migrated/Portals-0-
PDF-Foods-31-09-DES-Food-Manager-Certification.pdf
5. Lifeguards
a. Lifeguarding with Bloodborne Pathogens Training, Administering
Emergency Oxygen, Asthma Inhaler Training, Epinephrine Auto Injector,
First Aid for Public Safety Personnel (Title 22) (American Red Cross or
approved equal)
Operations Procedures
The Consultant will develop and maintain standard procedures that must be performed
for the proper maintenance and operations of the facility. These include but are not limited
to:
Pool Chemical Parameters
Chemical Room Emergency Procedures
Hazard Identification and Communication
Safety and First Aid Equipment
Facility and Pool Cleanliness
Page 500 of 570
Contract No. ____________
Exhibit “B”
Health Regulations
Discipline
Child Abuse Prevention
Lost and Found
Media Communication
Pool Water Contamination and Response
Biohazard Disposal
Report Writing
1. The designated shift supervisor oversees the facility and staff.
2. The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of
age.
3. Facility may not open to the general public without a minimum of 3 lifeguard certified
staff members present.
4. At the start of their shift, all certified staff members must be ready to perform assigned
duties.
5. All schedules are posted in their respected offices and emailed to the staff in a timely
manner.
6. Deck Lifeguards:
1. During high use times lifeguards will rotate regularly.
2. Lifeguards leaving the deck must perform regular locker room checks.
3. Elevated lifeguard stations shall be utilized as the standard for most lifeguard
zones.
a. Ground level stations may be utilized where appropriate.
b. Roving stations may not be utilized as a primary surveillance position. Roving
stations may be utilized as secondary lifeguards to a zone when necessary.
4. Rescue hip packs must be worn by all trained lifeguards at all times. Packs will be
adequately supplied with a resuscitation mask appropriate for adults and a mask
appropriate for children, or a universal mask and non -latex exam gloves.
7. Backup Duty Lifeguard:
1. When not needed on deck or to assist customers, Backup Duty Lifeguards shall:
a. check locker rooms for behavior issues or horseplay,
b. assist in rendering first aid to injured persons,
c. assist deck lifeguard as needed,
d. or perform cleanup and maintenance activities.
8. If a full complement of staff is not needed, the supervisor on duty may release excess
lifeguards from work.
Page 501 of 570
Contract No. ____________
Exhibit “B”
9. No lifeguard will be scheduled to work more than 8 hours in one day.
10. Lifeguards will be trained to complete injury report forms for all injuries to be
submitted to the Aquatic Manager.
11. The Aquatic Manager shall notify the City of all required incidents.
12. The Lead Lifeguard is required to check and record pool chemistry every 2 hours.
13. Water chemistry shall be checked in the morning in enough time to adjust chemicals
prior to opening to the public.
14. Water chemistry shall be checked at closing and necessary ch emical adjustments
made prior to staff leaving.
15. All staff will receive communications training, including verbal and non -verbal hand
signals, whistle blasts, radio contact, and written communication. Signs and
brochures at the front desk communicate safet y rules. Management will share
information at regular meetings and Supervisors will convey information through in -
service trainings or other methods as needed.
16. The concession stand adheres to all Riverside County health codes and regulations.
All staff handling unpackaged food must maintain current Riverside County Food
Handler cards and be overseen by a Food Safety Manager. A minimum of one Food
Safety Manager shall be on staff during the concession operation.
17. Locker rooms are monitored periodically by lifeguards. No food or drink is allowed in
the locker rooms. Towel snapping, running, or rough play is not allowed. Children 5
years of age and older are required to use the locker room of their own sex. Family
changing rooms are also available.
18. Any commercial advertisements, press releases, articles, or other media information
using the City’s name and/or logos shall be subject to the prior approval of the City.
19. All advertisements at the Aquatic Center are subject to approval by the City.
Financials
The Consultant shall develop and maintain financial procedures, including but not limited
to:
Budget development
Payroll
Collections
Reporting
Revenue and expenditure accounting
Monthly reconciliations for all asset and liability accounts
Page 502 of 570
Contract No. ____________
Exhibit “B”
Purchasing
Accounts payable
The Consultant shall keep complete and accurate books of account and will make all
records available to the City upon request. Books and records for the PDAC shall be
maintained separately from other facilities operated by the Consultant. Th e Consultant
shall maintain accounting books and records for a period of at least three years after the
expiration or earlier termination of the Agreement, and the City shall have the right to
inspect and audit such books and records during such period.
Financial and daily records shall meet the following criteria:
Record of all sales by means of a cash register, which will display the amount of
each sale and automatically issue a customer’s receipt. Beginning and ending
cash register readings shall be made a matter of daily record.
Entry of each and every Aquatic Center user’s name on entry log.*
A total count of Aquatic Center users at the end of each day and reconciliation of
fee category totals on cash register detail reports.
Ability to differentiate resident vs. non-resident visits.
Maintenance of a daily logbook detailing the number of Aquatic Center users by
fee category and total amount of cash collected by fee category.
Ability to record and report the number and type of discounts provided.
Monthly and annual statements of gross revenues, including a budget
comparison, a variance report, and such other customary reports as may
reasonably be requested by the City.
*Except non-resident drop-in for recreation and lap swim. Groups or families must
provide only the primary/head of household or group lead’s contact information.
Policies
The Consultant will develop and maintain policies and procedures, including but not
limited to:
Pool Use and Safety Rules
Lifeguard Policy and Procedure Manual
Equipment Rental Procedures
Facility Rental, Group Use Requirements, and Fee Structure
Swim Testing
Signage Standards
Program Development
The Consultant shall develop a program plan to be reviewed and approved by the City.
The Program Plan shall include at a minimum.
Swim lessons
Page 503 of 570
Contract No. ____________
Exhibit “B”
Lap swimming
Arthritis and/or Multiple Sclerosis classes
Red Cross certification courses
Yoga, spin, or other group fitness classes
Water games
The Consultant shall strive to make classes responsive to and/or inclusive to persons with
disabilities. A program registration process will be in place.
The Program Plan shall include program attendance goals and shall be reviewed by the
Consultant and the City of Palm Desert annually at a minimum.
The PDAC Program Plan may be updated or amended to meet City of Palm Desert goals
throughout the contract term. Any changes shall be agreed upon by the City of Palm
Desert and the Consultant.
Key Performance Indicators
The Consultant shall gather data on a daily basis to report on required Key Performance
Indicators (KPIs). Additional KPIs may be utilized and reported on by the Consultant at
the Consultant’s discretion. Any change to the KPI list below must be approved by the
City of Palm Desert.
KPIs may include but are not limited to:
Financial Programs Operations
Attendance/Passes
Sold
Member Retention
Concessions
Revenue
Rental Revenue
Swim Lesson
Revenue
Concessions Per
Cap
Program
Attendance
Sessions
Held/Canceled
Rentals Held
Special Programs
Checklist
Compliance
Closures
Incidents
Facility Audit
Results
Pool Chemical
Readings
Customer
Satisfaction
Staff Turnover
Page 504 of 570
Contract No. ____________
Exhibit “B”
Reporting Standards
The Consultant shall regularly report on all required KPIs and topics according to
required timelines. Reporting requirements include but are not limited to the items
below:
Subject KPI/Topic Reporting Cadence
Monthly Facility Financials Topic Monthly
Attendance/Passes Sold KPI Monthly
Member Retention KPI Monthly
Concessions Revenue KPI Monthly
Rental Revenue KPI Monthly
Swim Lesson Revenue KPI Monthly
Concessions Per Cap KPI Monthly
Program Attendance KPI Monthly
Sessions Held/Canceled KPI Monthly
Rentals Held KPI Monthly
Special Programs KPI Monthly
Checklist Compliance KPI Monthly
Closures KPI Monthly
Incidents KPI Monthly
Facility Audit Results KPI Quarterly
Pool Chemical Readings KPI Monthly
Customer Satisfaction KPI Monthly
Staff Turnover KPI Monthly
Completed Maintenance Topic Monthly
In-service Training
Compliance
KPI Monthly
Staff Recruitment Topic Quarterly
Programs Held Topic Monthly
Upcoming Programs Topic Monthly
Marketing Efforts Topic Quarterly or as needed
Goal Updates Topic Quarterly
The Consultant shall meet with City staff monthly to review operations, KPIs , and other
topics. Goals and strategy meetings shall be held on a quarterly basis.
Page 505 of 570
Contract No. ____________
Exhibit “B”
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from NOVEMBER 1, 2023 to JUNE 30, 2029, unless earlier
terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to
renew this Agreement automatically for no more than 5 additional one-year terms. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
Page 506 of 570
Contract No. ____________
Exhibit “C”
EXHIBIT "C"
COMPENSATION
Year 1 Year 2 Year 3 Year 4 Year 5
Management Fee $264,000 $277,200 $291,060 $305,613 $320,894
5-Year Total $1,458,767
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, CA
Page 507 of 570
Page 508 of 570
From:
To:
Subject:
Date:
[ii]
Donna Holloran
Coynci!Meetjnq Comments
ATTN: City Counci l MEMBERS OCT. 12th, 2023 meeting re PD Aquatic Center pool contract
Saturday, October 7, 2023 7:21:12 PM
To the City Council of Palm Desert ...
It is my understanding that you are considering a new contract for the management of the
Palm Desert Aquatic Center. I can only imag ine that it has everything to do w ith m oney . If
that is the case, and you are considering a new vendor, then they must have low-balled the bid.
As an annual pass holder, as well as someone who attends the Water Fitness classes at the
Palm Desert Aquatic Center, I can assure you that the Family YMCA of the Desert
Management Service has done an EXCELLENT job over these last many years. As you all
know, there is always a great deal of wind that impacts all of the pools, yet they are all very
well maintained despite the windy conditions. I always see the staff (i.e., admin as well as the
life guards) working ... never sitting idle ... they are either cleaning, training, watching the
swimmers, etc.
Also , during COVID, the pool was a lifesaver for many of us, and once again, the staff
rallied ... maintaining the pool and the patio, and also making sure that everyone followed the
additional safety rules.
Please note my strong objection to any changes without a very thorough investigation of
another vendor's record of maintaining a huge Aquatic Center and even larger population of
the community that uses the pools regularly. The complicated pool schedule boggles the mind
given the number of groups that use the pools (i.e., swim teams, swim lessons, water fitnes s,
water polo, swim meets, etc., etc.).
Additionally, the YMCA i s a local non-profit organization w ith a very large presence in the
community.
I cannot imagine that anything can be improved by switching to a profit-based company from
Florida. This is a completely different climate here in the Desert area.
Sincerely,
Palm Desert
Palm Desert , CA 92211
Page 509 of 570
From :
To:
Subject:
Date :
Nancy Goin
Coynci!Meetjnq Comments
The PD Aquatic Center
Saturday, Octo ber 7, 2023 7:39 :46 PM
A venue I use o ft en and w ith gr ea t j oy ! That is mainta ined well and m anaged in a stellar fashion by local group /
peop les ! Why would you w ant t o mess w ith that?? Nancy G oin
Page 510 of 570
From: Marilyn Irvin
To: Coynci!Meetjnq Comments
Subject: Palm Desert Aquatic Center
Date: Saturday, October 7, 2023 10:10:50 PM
[ii]
Why are you going to g ive a contract to an out of state company w hen it is run so efficiently as
it has for the past 5 years w ith the YMCA. Why ruin a good thing!!!!!!
iiiiiil
Page 511 of 570
From :
To:
Subject:
Date :
JoAnn Effron
Coynci!Meetjnq Comments
Palm Desert Aquatic Center
Sunday, October 8, 2023 8:21:50 AM
I have been attending Water Exercise classes for several years at PDAC
and have found the programs to be instructive and energizing and they
have been invaluable in helping me maintain my physical health.
I encourage the Council to retain the Family YMCA of the Desert for
Management Services of PDAC.
JoAnn Effron
Palm Dese1t Resident
Page 512 of 570
From: Pierre Billard
To: Coynci!Meetjnq Comments
Subject: PDAC
Date: Sunday, October 8, 2023 8 :56:27 AM
[ii]
THINGS HAVE BEEN OPERATING FINE FOR ALONG TIME . IT ITS NOT BROLE ,
DON'T FIX IT
Pierre Billard
Page 513 of 570
From: Pierre Billard
To: CoyncilMeetjnq Comments
Subject: PDAC
Date: Sunday, October 8, 2023 8 :57:30 AM
[ii]
We are objecting because :
We like that the Aquat ic Center is currently managed by a Local non-profit o rga ni za tion w ith a
presence in the Community .. in fact in the park next door!
We like that YMCA's have successfu ll y se r ved Communities across the USA si nce 1851.
We like that YMCAs have successfully managed Swimmi ng pools in MOST if NOT A LL of those
Communities. (Not sure this is true for the new compan y being recommended.)
We like the Aquatic Center pools and the excellent way they are ma i ntained .
We like our Water Fitnes s Inst ructors and t he Classes that are offered six days a week. PDAC IS an
important exercise fac i l ity for o ur Community an d it offers healing opportunities for those
recovering from joint replacement surgeries, strokes, and o ther health issues.
Pierre Billard
Page 514 of 570
From: Geoffrey Robards
To: CouncilMeeting Comments
Subject: management of Palm Desert Aquatic Center
Date: Sunday, October 8, 2023 9:12:29 AM
We understand that a recommendation has been made to Council not to retain the YMCA as management of the
pool, but rather contract with an out-of-state for-profit company to manage it. We are two of the fellows who
regularly attend exercise classes six days a week so we feel we have some skin in the game and yet no effort that we
are aware of has been made to seek input from the pool’s clients, decisions having been made opaquely and without
transparency.
So, and not in order of importance, here are our objections to such a move:
-inevitably prices will have to increase in order to turn a profit, limiting use of the pool to those with more
disposable income
-trusted and valued relationships with the extremely pleasant and polite regular staff are likely to be changed, if not
sundered
-you are missing an opportunity to work more directly with local management to make positive changes (and there
are always some available) by contracting with a remote management team
-when we were without bathrooms during the recent remodel, we attempted to convey before the fact that this would
be foolish, given the relative age of your clients, but were disregarded and answered with dismissive political
pablum. In the event, there were actually days when there were no bathrooms available and then, and only then, did
we receive a half-hearted apology. This shows, to us, a disconnect between Administration and Management and
we would suggest changing your administrative staff rather than your management staff.
-The PDAC is a pretty well-managed facility in our opinion; it certainly beats its Palm Springs counterpart.
Communication could improve, but it looks as though the same could be said of the Administration and the Council.
It is our hope that you will, now, take our input into your consideration.
Thank you for your time.
Geoffrey and Stephen Robards
Page 515 of 570
From: Sysje Detmer
To: Coynci!Meetjnq Comments
Subject: Palm Desert Aquatic Center
Date: Sunday, October 8, 2023 11:23:01 AM
I love the water aerobics classes the Y has at this pool. I'm season, I attend reg ularly . I'd hate
to see a change in vendors at the pool if it results in fewer classes or significant price
mcreases .
Susie D etmer
Rancho Mirage, CA
Sent from my iPhone
Page 516 of 570
From :
To:
Subject:
Date :
LORI STEIN
Coynci!Meetjnq Comments
Proposed management change at PD Aquatic Center
Sunday, October 8, 2023 12:59:08 PM
Esteemed Council-members,
I write to express strong disagreement to City Staffs recommendation to award a fi ve year contract to the Florida
sports management company for operation of the Palm Desert Aquatic Center.
I recommend asking th e YMCA to continue, and if necessary, ask them to re-bid.
The Y is a community based organization, active everywhere in the greater Coachella Valley, and especially in Palm
Desert. The Aquatic Center is likewise a Coachella Valley resource of great imp01tance to residents of the entire
area. T here is much synergy between the two. The Y is resp onsive to the needs of a ll user s of the Aquatic Center. Its
employees are customer-focused. It manages the faci lity well and carefully, and is extremely responsive to its entire
customer base. T h e Y is excellent at balancing the challenges of a ll types of users -competitive swimmers, swim
teams, lap swimmers, children, families, senior s, aquatic exercise enthusiasts. Such a balan cing act is not easy, and
for this the Y 's reputation as honest and forthr ight is unparalleled.
Bringing in a Florida based agency w h ich is most likely profit motivated seems extremely contradictory to the
pmpose for which Palm Desert built this beautiful community facility. While the facility should not be dependent
upon th e city of Palm Desert to bail it out from budget overruns, n either should it be seen as a profit center for the
city. We can all agree that the YMCA's values m ost closely align to those of the City 's.
I use th e Aquatic Center year round, 6 days a week, for water exercise and occasional swirmning and water walking.
The water exer ci se class instructor s are uniquely excellent, well educated, kind. I hope that they will be retained,
regardless of w ho is chosen to be the vendor.
Finally, as a Rancho Mirage year-round resi dent on a fixed-income, I pay the non -resident rate. If the rate inc reases
more than a nonnative amount for inflation/rising co sts-which is much more likely to happen w ith a for-profit
company in charge-I'm afraid that I w ill have to give up my monthly membership.
It's not difficult to presume that others-residents and non alike-w ill also have to do the same.
Please g ive the YMCA a secon d chance.
Respectfully submitted,
Lori Stein
Lori Stein
Page 517 of 570
From:
To:
Subject:
Date:
Louisa Hiaains
Coynci!Meetjnq Comments
Management of Pa lm Desert Aq uatic Center
Sunday, October 8, 2023 2:07 :45 PM
Dear Palm Desert City C ouncil Members,
I am a l on g time resident of Palm Desert, and a regular u ser of the Palm Desert Aquati c
Center, which brings fitne ss and j oy to my life on a w eekly basi s.
I am very happy w ith the instructors, life guards and overall managem ent of the facility. I am
pleased that it is run by the YMCA, and it i s local and NON profit.
Please DO N O T hire an outside, o ut o f state company to replac e the current system which is
running smoothly . Ev eryone I know is v ery happy with the current s ituati on .
Thank you ,
Loui sa Higgins
Page 518 of 570
From :
To:
Subject:
Date :
NANcy EDWARDS
Coynci!Meetjnq Comments
PDAC
Sunday, October 8, 2023 2:26:11 PM
I see on the board minutes that there is a motion to award an upcoming contract to a new company for the operations
of the aqu atic center . I have been very happy w ith the pool and I feel that it is one of our cities greatest assets .
I have been going to water exercise for over 8 years and enjoyed the experience. The classes hav e increased in size
and are very popular . I am afraid an outside company may not see the value in these classes.
I am on cities Facebook page and read the Desert Sun dai ly so I don't know how I would have missed any reporting
of a change management. P lease keep the Y in charge of this community gem !
Thanks ,
Nancy Edwards
lllllllliiilia 92211
Sent from my iPhone
Page 519 of 570
From:
To:
Subject:
Date:
Bonnie Hennessey
Coynci!Meetjnq Comments
YMCA and the pool
Sunday, October 8, 2023 4:0 1:18 PM
Th e pool is managed so well and it should be rnn by a l ocal non profit,
This is par1 of our lives an d not something to be taken lightly .
Why d o thi s???
Sent from my iPhone
Page 520 of 570
From:
To:
Subject:
Date:
[ii]
Suzanne Kasti l
Coynci!Meetjnq Comments
Pa lm Desert City Council Meeting -Aq uatic Center
Sunday, October 8, 2023 8:08:54 PM
I am writing to you to voice my concern over the possibility of a change in the
management services for the Palm Desert Aquatic Facility. For the last nine years
since moving to the desert I have driven from my home in LaQuinta four or five
days a week to participate in the various aquatic classes offered. For the past six
years I have been fighting stage 4 cancer and this pool is truly life saving for me.
I drive specially to this pool rather than to the one closer to my home. The reason
for this is because of the cleanliness of the facility, excellent instructors, courtious
staff, pristine water conditions/temperature, and reasonable cost to be able to take
advantage of such a treasured pool.
It would be heartbreaking that the quality of this facility would decline due to a
change in management. If the YMCA is doing such a stellar job ..... why change
anything?
Please consider the fact that the status quo is working extremely well in my opinion
and in the opinion of extremely well attended classes and avid lap swimmers seven
days a week.
Suzanne
Page 521 of 570
From:
To:
Subject:
Date:
JoAnn Sachs
Coyncj!Meetjnq Comments
October 12 meeting of City Council , RE : change of PDAC management
Monday, October 9, 2023 8 :10:5 1 AM
I am writing as a longtime member o f Pa lm Dese1t and as a r ecent total knee replacem ent recip ient. T h e h elp of the
exercise classes PDAC h ave h elped my new knee immensely. Phys ical therapy at E isenhower it was gr eat, but the
water classes have brought back th e mobility to m y knee a s well as helped my recove1y p rocess overall.
Th e instructors, administrative staff, and main tenance staff wh o keep the pool in innnacul ate condition have become
friend s and our excellent ambassado rs to our fine corrununity. I t wou ld b e A sad d ay to ch ange something that
operates so well and doesn 't really n eed to be fixed. Everyone @ PDAC is devastated by the thought the things at
our pool m ig ht ch ange , from a Resp ected organizati on like the YMCA to a profit dr iven m an agem en t company. It's
n ot a lways ab ou t d o llar s and cents it's ab out peop le.
I am hoping that cooler heads pr evail and our pool management w ill rema in the same.
S incerely, JoAnn Myers Sachs
Sent from my iPad.
JoAnn Myers-Sachs
Page 522 of 570
From: Melanie Fernandez
To: Coyncj!Meetjnq Comments
Subject: Pa lm Desert Aquatic Center
Date: Monday, October 9, 2023 10:07:39 AM
[ii]
Changing the management of the Aquatic Center from the YMCA to a for profit
company, is a terrible change for our community. I have read the sport company's
proposal and see no difference than what the YMCA has done well for many years.
The lifeguard shortage was universal around the country. It's unfortunate that the
pool had to close, but we understand that safety is of the concern.
We are a unique small community. An out of state company will not understand our
community and demographics. I swim daily, do water aerobics as many other
people do. We have people from La Quinta and Palm Springs as well as tourists
come to our pool because it is the jewel of the desert.
Please do not change what has been working for many years.
Melanie Fernandez
Page 523 of 570
From:
To:
Subject:
Date:
Kindly,
Shannon
shaoo 0 o metcalf
Coynci!Meetjnq Comments
City council meeting Oct 12 regarding the Aquatic Center
Monday, October 9, 2023 10:11:25 AM
We are objecting to the change over to a for profit entry to run the
Aquatic Center because:
We like that the Aquatic Center is currently managed by a Loca] non-
profitorganization with a presence in the Community . .in fact in the
park next door!
We like that YMCA's have successfully served Communities across
the USA since 1851 .
We like that YMCAs have successfully managed Swimming pools in
MOST if NOT ALL of those Communities. (Not sure this is true for
the new company being recommended.)
We like the Aquatic Center pools and the excellent way they are
maintained.
We like our Water Fitness Instructors and the Classes that are offered
six days a week. PDAC IS an important exercise facility for our
Community and it offers healing opportunities for those recovering
from joint replacement surgeries, strokes, and other health issues. I
personally have been attending classes nearly 6 days a week since the
Aquatic Center reopened during the pandemic.
And many, many other reasons.
I believe things cannot truly get better for any of us by switching to a
profit-based operator from Florida for this wonderful City Amenity.
Please consider keeping the Aquatic Center running through the
YMCA. We love the staff and the high level of communication they
provide. Why fix/change something that isn't broken!
Shannon Metcalf
Page 524 of 570
From:
To:
Anthony Mejia
Niamh Ortega
Subject: FW : Co ntract for PD Aqua Cent e r
Monday, October 9, 2023 8:29:05 AM Date:
Attachments: soyearsresized 3217B492-0S60-4444-b657-coc2osdo2oss png
soyearscesized 3217B492-0560-4444-b657-coc2osdo20ss png
soyearscesized 3217B492-0560-4444-b657-coc2osdo20ss png
Please redact t h is pe rson's con t ac t i nfor ma t io n
Anthony Mejia
City Clerk
760.776 .6304
amejia@palmdesert.gov I www palmdesert gov
73510 Fred Waring Drive, Palm Desert, CA , 92260
From : Todd Hileman <thileman@pa lmdesert.gov>
Sent: Sunday, Octobe r 8, 2023 2 :33 PM
To: Ant hony Mejia <amej ia@palmdesert.gov>
Subject: Fwd: Con t ract for PD Aqua Cen t er
Sen t from my i Phone
Todd Hileman
City Manager
760.776 .6305
thileman@palmdesert.gov I www.palmdesert.gov
73510 Fred Waring Drive, Palm Desert, CA , 92260
Beg i n forw ar ded message :
From: Shawn M ui r <smujr@pa lmdesert eov>
Date: Oct obe r 8, 2023 at 2:28:42 PM PDT
To: Todd Hileman <thileman@pa lmdesert eov>, M art i n Alv arez
<malvarez@pa lmdesert eov>, Ra ndy Chavez <rchayez@palmdesert eov>, Chri s Esco bed o
Page 525 of 570
<cescobed o@pa I mdesert.gov>
Subject: Fwd: Contract for PD Aqua Center
FY I
Sent from my iPhone
Begi n fo rwarded message:
Shawn Muir
Communi ty Services Manager
760.776.6481
smuir@palmdesert.gov I www.palmdesert.gov
73510 Fred Wa ring Drive, Palm Desert, CA, 92260
From: Cit y of Palm Dese rt <webmaster@palmdesert gov>
Date: Oc t ober 8 , 2023 at 11:10:06 AM PDT
To: Shawn Muir <smu ir@pal mdesert.gov>
Subject: Contract for PD Aqua Center
Reply-To: Pa t ric ia Diviney
Message submi t ted from th e <City of Pal m Desert> webs ite.
Site Visitor Name: Patricia Diviney
Site Visitor Email:
Hello Shawn
I have been att ending the Aq ua Classe s at t he PD Aqua Ce nter si nce 2014 --I
used to reside in Pa l m Desert but now in Rancho Mi rage but stil l attend the
clas ses.
I wou ld l ike to say I fu l ly suppo rt the pe nd ing Management cha nges for t he
Center. There seems t o have been quite a severe erosion in the M a na geme nt
of the Center and a change wou ld be welcome. The Cente r ha s been
mismanaged ---it just seems t o be getting sc ruffie r and scruffier and thi ngs
not worki ng a lot of the time. Plu s a few t i mes ove r the past y ear ther e has
been ver ba l abuse towards us Aqua attendees and t here never seems to be
anybody o n site to deal w ith it. Tu rn a bl i nd eye seems to be t he answer!
Tot a lly u nnecessa ry.
W hen summer classes are held for the children th e paren ts seem t o thin k it is
OK t o park i n illega l spo t s suc h as the Handicap areas and th ey never seem to
get reprima nded or fined. A ll part of t he new entitlement e ra ?
Page 526 of 570
An yway Shawn ---hopeful ly the changes w il l ring and a lso our Aqua Classes
wi l l be mainta i ned. I w ould ha v e t o sa y t hat o ver the past year a couple of t he
ins t r uc t ors are not up to par and it is har d to bel ieve that there are not ot her
good potential instructors. Get th e i mpress ion that t here is an "o ld boys club"
in operat ion
Thanks fo r letti ng me pu t m y sixpence w orth in !
Cord ially
iiiii
Page 527 of 570
From: Marilynn.Hall To: CouncilMeeting Comments Subject: Message to Palm Desert City Council - regarding Palm Desert Aquatic Center Date: Monday, October 9, 2023 11:50:42 AM Dear Esteemed Council-Members, I urge you not to simply Rubber-stamp the Staff recommendation to award the PDAC Management Contact to an out-of-State for-profit Company. Please reconsider leaving the contract with The Family YMCA of the Desert.
My husband and I have had a home in Palm Desert since 2002 and made it our permanent
residence in 2013. My Husband is a golfer and this City offered us warmth, abundant
sunshine and many golfing opportunities for our retirement. I am not a serious golfer but I
now consider myself a serious “Water Fitness” fan, once I found my way to the Palm Desert
Aquatic Center in 2015. This has become the perfect Retirement Life for the two of us. Alan
hits golf balls at Desert Willow and I attend Classes at the Aquatic Center six days a week.
We could not be happier to have found our way to the City if Palm Desert.
We like that the Aquatic Center is currently managed by a Local non- profit
organization with a presence in the Community..in fact in the park next door!
We like that YMCA’s have successfully served
Communities across the USA since 1851.
We like that YMCAs have successfully managed
Swimming pools in MOST if NOT ALL of those
Communities. (Not sure this is true for the new
company being recommended.)
We like the Aquatic Center pools and the excellent way
they are maintained by Mike Marshall; The Warm and
Friendly staff members that know us by name; the
professional lifeguards who keep us safe.
We like our Water Fitness Instructors and the Classes
that are offered six days a week. PDAC IS an important
exercise facility for our Community and it offers
therapeutic healing for those recovering from joint
replacement surgeries, strokes, and other health issues.
I believe things cannot truly get better for any of us by
switching to a profit-based operator from Florida for this
wonderful City of Palm Desert Amenity.
I have enjoyed my participation at the Aquatic Center and the lovely friends I have made
there. I established an email list to create more of a Community among the participants in the 11] Page 528 of 570
Water Fitness Classes and to stay in touch with om many Seasonal friends throughout the
year. That List ha s grown to over 260 people in less than 8 years.
In 2017 I also sta1ted or ganizin g my fellow Me1maids and Aqua-Men to help Suppo1t the
Annual YMCA Sustaining Fund to suppott their wide -ranging programs fo r Children and
Families across the Coachella Valle y, making sme that eve1y child h as a chance to pait icipate
desp ite their ability to pay ..... which includes Free Swim Lessons at PDAC .
Each Year we ha ve raised more money for the YMCA, from $5000 in 2017 to over $15 ,000
in 2022 ( an average donation of $57 per each of the 260 Water Fitness participants),
demonstrating om Me1maid/ Aqua-Men community Suppott for the YMCA.
We do Not wa nt to lose the YMCA. Ifthere are ways we can h elp them improve in the eyes
of the City Council, we, their Community can help. Please Give us a chance.
Respectfully Submitted,
~Alan Baskin
~922 11
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From:Rosemary Kerr
To:Counci Meeting Comments
Subject:Aquatic Center
Date:Tuesday, October 10, 2023 8:57:58 AM
Page 534 of 570
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Sent from my iPhone
Page 537 of 570
From:The Birdsells
To:CouncilMeeting Comments
Subject:Palm Desert Aquatic Center
Date:Tuesday, October 10, 2023 10:56:04 AM
Please please please keep the YMCA in place to manage this wonderful Palm Desert asset.
We love the programming and we are listened to whenever we make suggestions for new
classes or timing. They are a wonderful group who make themselves accessible to us each and
every day that we use the pool.
We are property owners in Palm Desert and although we are Canadian, we have made great
use of the pool for winter months over the last few years.
It is well-run and non-profit based! Our swim classes donate additional funds to the YMCA
each year (yes! even us Canadians!)
It is to our benefit to donate to the wonderful programs throughout the valley that support the
citizens who benefit from YMCA programs.
WHY on earth would you bring in a profit based company to replace them? Why you would
replace an organization that is doing a good job?
Look what happened to the Desert Willow golf course when you changed the management!
We were regular players there for years until the management changed and now it is
impossible to get a tee time because preference for tee times is given to vacationers staying at
hotels at Desert Willow! How is that fair that we as Palm Desert tax payers can no longer use
the Golf Course?!
We fear that that is exactly what would happen at PDAC if you change the management!
The City of Palm Desert needs to give preference to residents and we are very happy with the
way the YMCA currently manages PDAC.
Please DO NOT give the contract to a non-local company!!!
Janet Birdsell
Palm Desert, CA 92260
Page 538 of 570
From:Louise Schwartz
To:CouncilMeeting Comments
Subject:Keep the Aquatic Center managed by the YMCA
Date:Tuesday, October 10, 2023 1:23:32 PM
Hello,
I have heard that the management of the Aquatic Center may be assigned to a
company in Florida.
The current management by the YMCA is wonderful for our community and members.
The YMCA is a highly reputable organization that does so much good to ensure
access to programs for many within the community. Please stay loyal to them and
their dedication to our wonderful community. This facility is so important and such a
big part of the wellbeing of so many and the YMCA is doing such a wonderful job at
keeping the facility the beautiful and inclusive place it should be.
Thanks,
Louise Schwartz
Page 539 of 570
From:Nancy Dowling
To:CouncilMeeting Comments
Subject:Subject: Local Management for Local Amenities (AQUATIC CTR)
Date:Tuesday, October 10, 2023 7:06:12 PM
Dear Palm Desert City Council,
I am writing to object to the proposal of having our Aquatic Center managed by a Florida-based company. The center is a city amenity that should be managed locally to best servethe needs of our community.
The YMCA, with its local presence and long history of service, has done an excellent job inmaintaining the pools and offering a range of classes. Switching to a profit-based operatorfrom Florida would not improve the center but could potentially harm the quality of thiswonderful city amenity.
Thank you for considering my views.
Warm regards,
Nancy Dowling
Palm Desert
Page 540 of 570
From:Kelle Bates
To:CouncilMeeting Comments
Subject:The Aquatic Center: A Health Asset We Can’t Afford to Lose
Date:Tuesday, October 10, 2023 7:49:18 PM
Dear Palm Desert City Council,
I am writing to express my strong reservations about the proposal to hand over themanagement of our Aquatic Center to a Florida-based company.
The center is not just a recreational facility; it's a health asset. It offers water fitness classessix days a week and serves as a healing center for those recovering from jointreplacements, strokes, and other health issues. The YMCA has done an excellent job in thisregard, and we should not risk losing these benefits by changing operators.
Please reconsider this proposal for the sake of our community's health.
Sincerely,
Kelle Bates, Palm Desert
Sent from my iPhone
Page 541 of 570
From:Rosemary Kerr
To:CouncilMeeting Comments
Subject:Aquatic Center Takeover
Date:Tuesday, October 10, 2023 8:09:27 PM
Dear Palm Desert City Council,
I am writing to express my strong objection to the proposal of having our beloved AquaticCenter managed by a Florida-based company. Our community takes great pride in thefact that the center is currently managed by a local non-profit organization, situated rightnext to the park.
The YMCA has been serving communities across the USA since 1851, and their expertise inmanaging swimming pools is unparalleled. The Aquatic Center is not just a pool; it's acommunity hub offering water fitness classes six days a week and providing essentialrehabilitation opportunities for those recovering from surgeries and other health issues.
Switching to a profit-based operator from Florida would not only undermine ourcommunity values but also risk the quality of services we currently enjoy.
Thank you for your time and consideration.
Best regards,
Rosemary Kerr
Palm Desert resident
Sent from my iPhone
Page 542 of 570
From:Barbara Conway
To:CouncilMeeting Comments
Subject:Palm Desert Aquatic Center
Date:Tuesday, October 10, 2023 9:20:23 PM
This is for the City Council Members for their October 12 meeting.
I’m writing this to hopefully help you to make the decision for the YMCA to kept managing the Aquatic Center. I
love the way the YMCA runs the facility. Very organized, keeping the pools maintained in an excellent way. In fact
the whole center is maintained in a pristine welcoming manner. The Water and Fitness instructors are very good,
professional and make working out fun and enjoyable. The classes they offer 6 days a week are very helpful for the
elderly as they help movement, strengthening, coordination, arthritis, balance. Etc. I go 3 days a week, so much
better than going to a gym. The YMCA is a non profit community based organization. I appreciate all they have
done with Center and our community. It would be so disappointing to give the Center to some outside profit-based
operator from Florida. I believe things will change and not for good, and I believe that switching the operations
from YMCA to some outside operation will do harm for our community. It makes me sad.
Best Regards,
Barbara Conway
Sent from my iPad
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From:lqcandc50@gmail.com
To:CouncilMeeting Comments
Subject:YMCA’s Proven Success in Managing Community Pools
Date:Wednesday, October 11, 2023 10:20:16 AM
Dear Palm Desert City Council,
I am writing to voice my concerns about the proposal to have the Aquatic Centermanaged by a Florida company. The YMCA has a proven track record of successfullymanaging swimming pools across the nation since 1851. Their experience and commitmentto community well-being are unmatched.
Our Aquatic Center is an essential part of our community, offering water fitness classes andserving as a rehabilitation center for those recovering from various health issues. TheYMCA has successfully managed to maintain the pools in excellent condition, and wewould like to see that continue.
I strongly urge you to reconsider the proposal and keep the management local.
Sincerely,
Melinda Moore
Palm Desert
Page 545 of 570
From:cecebarlow@verizon.net
To:CouncilMeeting Comments
Subject:Is the Florida Company Equipped to Manage Our Aquatic Center?
Date:Wednesday, October 11, 2023 12:18:44 PM
Palm Desert City Council Members,
I am writing to express my concern about the Council’s proposal tohave the Aquatic Center managed by a Florida-based company. TheYMCA has a history of successfully managing pools in communitiesacross the country, but we know little about the company you areconsidering. I sincerely hope you will not select a company that doesnot have the history and level of expertise that YMCA offers.
The Aquatic Center is very important to our community and servesmany citizens outside Palm Desert. As a resident of La Quinta who
appreciates the programs offered at the Center, I hope you willcarefully consider this decision.
Thank you.
CeCe Barlow
La Quinta, CA
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From:WENDY POWELL
To:CouncilMeeting Comments
Subject:Palm Desert Aquatic Center
Date:Wednesday, October 11, 2023 2:07:12 PM
Dear Palm Desert City Council Members,
My name is Wendy Powell, and I live in Palm Desert. Thank you for reading my email. I am a professional Senior
care giver, working for Home Sweet Home. The lady I assist asked for my help in sending an email. She was an
original donor, when the Aquatic Center was built. Following is her email.
Dear Palm Desert City Council Members,
Thank you for reading my letter. My name is Helen Sweatt, and I am a resident of Palm Desert. I have lived at
Chaparral Country Club for 36 years. My late husband and I were original donors to the city of Palm Desert, for
building a new “Aquatic Center.” The rendering photos were lovely. The presentation to those of us in the
community; well, it was second to none. We marveled as we watched the parking lot being built, without one
beautiful palm tree removed. It was a destination to drive by, with so many exciting things being built at Civic
Center Park. We continued our pledge to help build the facility, because we believed in the YMCA. We believed in
the City of Palm Desert’s vision. A non-profit Aquatic Center, owned by the city and run by the YMCA. A place for
families, Seniors, sports groups, Water Aerobics, College Of The Desert, and simply lounging in the water. There
would be slides, and diving boards, but not too many. This wasn’t going to be a money-making Water Park. The
Palm Desert community financially helped make our Aquatic Center a reality. The aquatic facility we were
presented with will significantly change, if a for profit company is chosen to run the pool. Please do not allow our
gem, to transition into another Sports Complex. I remember; this is not what the City of Palm Desert envisioned. My
husband and I participated in presentations. The Palm Desert Aquatic Center was never intended to be for profit.
Thank you for your consideration. I appreciate it very much.
Sincerely,
Helen A. Sweatt
Palm Desert 92260
Dear Palm Desert City Council Members,
Wendy here again. I enjoy going to the Aquatic Center. I am also opposed to replacing the YMCA, as their
management. I love seeing the various groups mingle together. Children taking their swim lessons, Water Aerobics
classes, lap swimmers, and friends relaxing at the picnic tables. This is a community location. Please reconsider the
possibility of changing, those who run the Aquatic Center. I so hope the non-profit YMCA will remain, and won’t
be replaced by an out of state company. Thank you.
Sincerely,
Wendy Powell
Palm Desert, 92260
Sent from my iPad
Page 547 of 570
From:Donna DeBardi
To:CouncilMeeting Comments
Subject:Aquatic Center management change
Date:Wednesday, October 11, 2023 2:27:02 PM
Dear City Council Members,
The Palm Desert Aquatic Center is a wonderful asset for the community. As a older
adult, I use the Silver Sneakers program to help me remain healthy and mobile. The
water aerobics, silver sneakers classic and chair yoga classes are of great benefit to me
and many of my neighbors -- many of whom are well into their 80's and 90's. Please
insure that whoever manages the Aquatic Center continues the contract with Silver
Sneakers. We older residents need these programs.
Thanks for your consideration.
Donna DeBardi
Palm Desert 92260
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FAMILY YMCA OF THE DESERT
43-930 San Pablo Avenue, Palm Desert, CA 92260
760-341-9622 Fax: 760-779-9651
***.ymcaofthedesert.org
October 11, 2023
City of Palm Desert Council
73510 Fred Waring Drive
Palm Desert, CA 92260
Re: City of Palm Desert’s Staff recommendation to Palm Desert City Council to approve a
contract for Palm Desert Aquatic Center Management.
On behalf of the Family YMCA of the Desert, we are grateful for the opportunity to manage and
provide a variety of experiences for our community and visitors since 2011. As safety, customer
service, quality, and consistency have always been priority, we are extremely proud of all the
Family YMCA of the Desert PDAC team has offered our community.
We take great pride in being a trusted and valued community partner and are thankful for the
impact our Y team has made while managing the Palm Desert Aquatic Center. It is with this in
mind, that we will do everything that we can to assure a smooth transition to a new vendor if that
is the direction decided by this Council.
We would like to share our perspective on the information being presented today. The Y had
charged the same management fee, $165,000 from 2018-2023. In the recent RFP process, we
proposed a fee of 12% of expense or $238,323 with a 3-5% increase for the next 4 years. This
appears to be $25,677 lower than the proposed operator for year one. Something we hope
Council will consider is that the mission of the Y is to provide programs that help build a healthy
spirit, mind, and body for all. Every dollar that the YMCA receives is used to support programs
in our community that will promote this mission. We utilize our resources to improve the lives of
families and seniors in the Coachella Valley. We obtain grants which allow us to provide low
cost swim safety and other programing opportunities.
The YMCA does work with a marketing firm. However this is at the behest of the City, who
have contracted with them directly. The marketing consultant referenced is Stephanie Greene
with FG Creative. She and her team have worked hand in hand with the City for many years. She
serves on the El Paseo Parking and Business Improvement District and City of Palm Desert
Marketing Committee. She has an insight into marketing in the Coachella Valley, and
specifically Palm Desert, that I would challenge anyone to improve upon. It is our understanding
that the City wanted continuity in their marketing and that is why they contracted the services of
her firm in promoting the Aquatic Center. In addition to the services of this firm, the YMCA
provides their own in-house marketing in order to promote special events and activities.
Page 549 of 570
FAMILY YMCA OF THE DESERT
43-930 San Pablo Avenue, Palm Desert, CA 92260
760-341-9622 Fax: 760-779-9651
***.ymcaofthedesert.org
Regarding the reduction of hours, we have spoken with Staff and Council in depth on this
temporary situation and presented information at the February 16, 2023 Council Meeting. There
has been a documented, nationwide lifeguard shortage from 2020-current, which was created by
the pandemic. We regret that we were not able to maintain the hours and we know this impacted
several Palm Desert residents. In February of 2023, we reduced the operating hours from 13.5
hours per day to 11 hours per day for a period of around 6 weeks until staffing levels were
restored. It was at this same time that many pools locally and across California were not able to
open their doors and had frequent last minute closures. The Y’s Human Resources is located in
walking distance to the Aquatic Center and we have utilized our connections with DSUSD, Palm
Desert High School and Xavier High School Water Polo Teams over the course of our
management of PDAC.
The historical numbers representing the operator expense in the current RFP and Staff Report are
not reflective of what was billed by the YMCA and contain variances of between $300,000-
$800,000. This discrepancy has a direct impact on the recovery rate shown. It is our belief and
was mentioned by City staff at the walk though meeting on August 15, 2023, that there were
possibly capital improvements in the numbers provided.
Safety has been our number one priority in our management of the facility. Our policy is to have
3 certified guards at any given time. There is an added cost but this is the best practice. Our
policies take into consideration the extreme heat that the guards are exposed to and rotates
guards every 15 minutes. Other facilities operate like a hotel where guards sit in the same
position until they are required to take their 10 minute break, around 2 hours. In the time the
facility has been managed by the Y, there have been no closures for the failure to pass county
inspections and there have been no serious injuries more than first aid.
In speaking with our Aquatics Director, the filters in the facility are the original ones from
opening and will need to be replaced in the near future which would cause a closure of around 3
months. This is a time where all non-salaried staff would likely be laid off and then re-hired
when the facility reopens. This information has been given to the City liaison as well as the
estimated cost of 1.7M.
Page 550 of 570
FAMILY YMCA OF THE DESERT
43-930 San Pablo Avenue, Palm Desert, CA 92260
760-341-9622 Fax: 760-779-9651
***.ymcaofthedesert.org
If selected, the Y will move for board approval of a standing committee to review all aspects of
our management of PDAC. The proposed committee will constist of the following members, as
well as inviting other community members and City staff to participate:
Consessions
Rick Shalhoub, Y Board Chair and owner/operator of 21 McDonalds restaurants.
Operations
Ryan Stendell, Y Board Member, Public Works Director, City of Rancho Mirage, formerly with
City of Palm Desert and is familiar with PDAC operations.
Patrick Klein, Y past-Chair, General Manager, Taubman, The Gardens on El Paseo/El Paseo
Village
Marketing
Risseth Lora, Y Board Member, Public Information Officer City of Coachella, former Managing
Director of a Marketing Agency
Programing
Andre Pacheco, Y Board Member, Athletic Director, College of the Desert
Human Resources
Meegan Villa, Y Chair-Elect, Owner, Proper Solutions Staffing Agency
Katie Leffler, Y Board Member, Human Resources, Desert Champions, Indian Wells Tennis
Gardens
In closing we would like to thank the City, the patrons of the Aquatic Center and our dedicated
staff for the many wonderful years we served as the operator of the PDAC. It has been our honor
and privilege to serve. Whatever is decided upon today, please know that the Family YMCA will
be supportive and hopes for continuing colaborations with the City of Palm Desert.
Sincerely,
Rick Shalhoub, Board Chair Family YMCA of the Desert
Meegan Villa, Chair-elect, Family YMCA of the Desert
Patrick Klein, past-Chair, Family YMCA of the Desert
Joe Hayes, past-Chair, Family YMCA of the Desert
Nolan Sparks, past-Chair, Family YMCA of the Desert
Cindy Pieper, Board Member, Family YMCA of the Desert
Gary Galton, Board Member, Family YMCA of the Desert
Risseth Lora, Board Member, Family YMCA of the Desert
Paula Simonds, CEO, Family YMCA of the Desert
Page 551 of 570
Page 552 of 570
From:Jody Patterson
To:CouncilMeeting Comments
Subject:PALM DESERT AQUATIC CENTER
Date:Wednesday, October 11, 2023 6:48:59 PM
Dear Council Members,
Twelve years ago I suffered a spinal cord injury, and was left a quadriplegic.
I recovered the right side of my body, but my left side remains paralyzed with drop foot, and no use of my left
hand.
I had nowhere to turn for lasting rehabilitation until I found PDAC.
I arrived the first day being pushed in a wheelchair by my husband.
I was warmly welcomed, encouraged and helped by every staff member, especially the aerobics instructor Leslie
Hunley.
After less than a year in the pool, I was out of the wheelchair, using a walker, and even driving a car again. The day
I drove home from PDAC for the first time the entire class, plus PDAC personnel, watched me drive away to the
sound of their applause.
My husband and I are in awe of the good work offered by the current staff at PDAC.
They all work hard, and are dedicated to the virtues the YMCA stands for.
Please keep our current staff in place. Every single one of them are excellent employees, and spread nothing but
good will to the city of Palm Desert.
Thank you for your consideration of this most important matter.
Sincerely,
Jody Patterson
Sent from my iPad
Page 553 of 570
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CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: October 12, 2023
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of October 12, 2023
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 14a: AWARD OF CONTRACT FOR AFFORDABLE HOUSING COMPLIANCE AND
PROPERTY MANAGEMENT SERVICES TO FALKENBERG/GILLIAM AND
ASSOCIATES, INC., FOR A FIVE-YEAR TERM, WITH AN INITIAL ANNUAL COST FOR
CALENDAR YEAR 2024 IN AN AMOUNT NOT TO EXCEED $655,032
Q1: Did the previous contract expire? If the City decided to not renew the contract, was it a
matter of cost, or was there cause?
A1: The current management agreement expires December 31, 2023. An RFP is customary when
the term expires. The current management company did not submit a proposal.
ITEM 14b: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 5.04 OF THE PALM
DESERT MUNICIPAL CODE REGARDING BUSINESS LICENSING AND TAXING
PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA
Q1: Will the City Council get notifications about revocations or suspensions independent of
Consent Calendar items?
A1: Yes, City staff will copy the City Council on any suspension and revocation letters.
ITEM 14d: AWARD CONTRACT TO SPORTS FACILITIES MANAGEMENT, INC., FOR THE
MANAGEMENT AND OPERATION OF THE PALM DESERT AQUATIC CENTER
Q1: In reviewing the materials there are ideas for movie night and food trucks; however, is
there going to be future discussion on adding water features to the Aquatic Center?
When will the City Council be presented with a fee structure and a 5-year business plan
from this new company and how much will the City need to subsidize?
A1: The Fiscal Year 2023/24 CIP budget includes $100,000 for design of updates to the aquatic
center. City staff intend to target new water features, outdoor showers, heaters, and other
updates to the pump room including the filtration system. The 5-year management fee
structure for Sports Facilities Management’s operation of the facility is included in the staff
report under Financial Impact. Estimated costs for salaries and other expenses to support the
aquatic center are also included in the table. If the contract is awarded to SFM, City staff will
work with their team to approve a transitional plan leading up to the January 1, 2024, full-
facility operation, and a business plan to set targets for the next 5 years.
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10/12/2023 Question & Answer Memo
Page 2 of 2
The updated scope of work for the management contract also includes metrics that will be
helpful for financial analysis. Considering the fee increase effective January 1, 2024, City staff
will analyze data available through Summer 2024 to determine how the fees and new
management contract have impacted operations from both the revenue and expense sides.
Page 556 of 570
From:City Hall Mail
To:CouncilMeeting Comments
Cc:Níamh Ortega; Anthony Mejia
Subject:FW: Palm Desert Aquatic Center
Date:Thursday, October 12, 2023 11:11:48 AM
From: Melanie Fernandez
Sent: Thursday, October 12, 2023 10:09 AM
To: City Hall Mail <cityhall@palmdesert.gov>
Subject: Palm Desert Aquatic Center
Dear Mayor Kelly,
As a Palm Desert Resident and daily attendee of the Aquatic
Center Water Aerobics, I wanted to express my appreciation
for your intervention on the management contract of the
center.
The YMCA makes our place a community. We hold a
fundraiser for them every year, last year we raised $16000.00.
We do not want to have a for profit out of state company
taking over our home. Many older attendees are concerned
about price increases and losing silver sneakers.
We also have many people recover from surgeries and injuries
in our pool.
This is not a commercial pool. It's a place of community and a
place for healing. We even collect money to help our
swimmers in need of financial assistance.
It's not just a pool. Its our home.
Thank you for your time
Melanie Fernandez
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From:Roger Bell
To:CouncilMeeting Comments
Subject:Palm Desert Aquatic Center
Date:Thursday, October 12, 2023 12:10:49 PM
Dear Members of the City Council,
I am writing to express my strong support for retaining the local YMCA, a non-profit organization,
that currently operates the Palm Desert Aquatic Center. The impact of the YMCA on our community
has been immeasurable, fostering a sense of belonging, physical health, and unity among residents. I
firmly believe that the continued management by the local YMCA is in the best interest of our city
and its residents.
The YMCA has demonstrated a genuine commitment to the well-being of our community. They have
not only managed the Palm Desert Aquatic Center efficiently but have also actively contributed to
the development of programs that promote fitness, water safety, and overall community
engagement. Their dedication is palpable and reflects in the high-quality services provided to
residents of all ages.
In contrast, considering an out-of-state for-profit company may pose several risks. Such a company,
driven primarily by profit motives, might compromise the quality of services provided to our
community. Local interests, unique needs, and the spirit of community that the YMCA embodies
could be overlooked in favor of financial gains. Additionally, the revenue generated from the Aquatic
Center could potentially leave our local economy, impacting businesses and residents alike.
Furthermore, supporting the local YMCA aligns with our city's values of community, solidarity, and
support for local initiatives. By entrusting the management of the Palm Desert Aquatic Center to the
YMCA, we ensure that the facility continues to be a place where families gather, children learn, and
friendships are formed. It maintains the sense of pride we have in our city and its ability to nurture
its own growth and development.
I urge you to consider the long-term impact on our community and the well-being of its residents.
Please retain the YMCA's management of the Palm Desert Aquatic Center. Let us continue to invest
in the social fabric of our community and uphold the values that make our city a wonderful place to
live.
Thank you for your time and consideration.
Sincerely,
Roger Bell
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Chris Escobedo, Assistant City Manager
REQUEST: RESOLUTION WITHDRAWING FROM THE RIVERSIDE COUNTY
LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY
SERVICES IN PALM DESERT, AND INDICATING ITS INTENT TO
ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY - BUDGET
APPROPRIATION AND TRANSFER
RECOMMENDATION:
1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, WITHDRAWING FROM THE RIVERSIDE COUNTY
LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY SERVICES IN THE CITY
OF PALM DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN INDEPENDENT
MUNICIPAL LIBRARY.”
2. Appropriate a total of $1,321,527 to Library Account Fund (252) in the respective accounts
listed below.
3. Authorize transfer of $1,321,527 from unobligated General Fund Reserves to Library
Services Account Number 2520000-391000.
BACKGROUND/ANALYSIS:
The City is currently part of the Riverside County Library System, a county-free library system
established pursuant to the Education Code. The following is a timeline of recent events relative
to library services:
April 4, 2023 - Parks and Recreation Committee established a subcommittee to study
issues related to library operations.
May 2, 2023 - Parks and Recreation Committee made recommendations to the City Council
including enhancing levels of services or taking over the management of the library.
May 11, 2023 - Recommendations were presented to the City Council which directed City
staff to research the option of assuming complete control of the Palm Desert Library and
operating it as a municipal library.
June 8, 2023 - City Council voted to form a Library Taskforce to provide community input
into the process.
June 22, 2023 - City Council received a presentation and research updates from City
staff, after which the City Council unanimously voted to endorse the formation of a City of
Palm Desert municipal library.
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City of Palm Desert
Resolution Withdrawing from the Riverside County Library System
Page 2 of 3
California Education Code requires the City Council to formally adopt the attached resolution,
which is then sent to the County Board of Supervisors and California State Board of Equalization.
As required by the Education Code, notice of the City’s intent to withdraw from the Riverside
County Library System has been published once a week for two successive weeks. City staff
have been working with County staff in negotiating the terms of withdrawal. This includes
finalizing the anticipated annual reven ue amount, assuming the County’s lease of the library
building and agreement on the personal property within the library. The City will assume
operations July 1, 2024, and has recently hired a Director of Library Services to assist the City
in getting ready to operate a municipal library next year.
The City’s Library Taskforce has established subcommittees, engaging in site location review for
a future City-owned library, and has been involved in the recruitment of the new Director of Library
Services. Staff will be bringing on board a consultant team to assist in developing service levels,
staffing models, and incorporating best practices in the creation of the new municipal library.
Legal Review:
This report has been reviewed by the City Attorney’s of fice and staff worked with the City
Attorney’s office in drafting the attached resolution.
FINANCIAL IMPACT:
Beginning July 1, 2024, the City will begin receiving a negotiated $2.6 million in annual property
tax and redevelopment pass-thru revenue. These funds will be redirected to the City for general
services to support the library, in lieu of the County Library. Establishing a budget during the
2023-24 fiscal year will allow the City to begin the transition of staffing and procurements needed
to assume full operations next fiscal year.
FY 2023-24
Proposed Budget
Account
Number
Library
Services
Salaries-Full Time 252-XXXX-4100100 601,015
Salaries-Part Time 252-XXXX-4100101 250,000
Salaries-Overtime 252-XXXX-4100200 -
Retirement Contribution 252-XXXX-4111500 118,970
Medicare Contrb-Employer 252-XXXX-4111600 13,049
Retiree Health 252-XXXX-4111700 11,445
Ins Prem - Long Term Disab. 252-XXXX-4112000 4,449
Ins Prem - Health 252-XXXX-4112100 150,000
Ins Prem-Dental/Vision 252-XXXX-4112200 12,080
Ins Prem - Life 252-XXXX-4112400 1,519
Office Supplies 252-XXXX-4225200 1,000
Prof - Other 252-XXXX-4309000 150,000
Conf- Seminars- Workshops 252-XXXX-4312000 2,500
Local Meetings 252-XXXX-4312500 500
Printing / Duplicating 252-XXXX-4361000 2,500
Subscriptions/Publication 252-XXXX-4362000 500
Dues 252-XXXX-4363000 1,000
Telephones 252-XXXX-4365000 1,000
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City of Palm Desert
Resolution Withdrawing from the Riverside County Library System
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1,321,527
ATTACHMENTS:
1. Resolution
2. Public Hearing Notice
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RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, WITHDRAWING FROM THE
RIVERSIDE COUNTY LIBRARY SYSTEM, ASSUMING THE
PROVISION OF LIBRARY SERVICES IN THE CITY OF PALM
DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN
INDEPENDENT MUNICIPAL LIBRARY
WHEREAS, the City of Palm Desert is currently part of the Riverside County Library
System, a county-free library system pursuant to Education Code section 19100 et seq.
(“RCLS”); and
WHEREAS, at its meeting on April 4, 2023, the City’s Parks and Recreation
Committee established a subcommittee to study issues related to library operations; and
WHEREAS, at its meeting on May 2, 2023, the Parks and Recreation Committee
made recommendations for City Council consideration including that the City provide
enhanced services for the upcoming year, take over the management of the library, and
potentially assume the County’s lease of the library building, or alternately purchase the
portion of the library building occupied by the Desert Community College District; and
WHEREAS, the City Council received the Parks and Recreation Committee’s
recommendations at a Study Session on May 11, 2023, during which the City Council
directed City staff to research the option of assuming complete control of the Palm Desert
Library and operating it as a municipal library; and
WHEREAS, at its regular meeting on June 8, 2023, the City Council voted to form
and appoint a Library Taskforce; and
WHEREAS, at its regular meeting on June 22, 2023, the City Council received a
presentation and research updates from City staff regarding options for enhancing
services at the Palm Desert Library, after which the City Council unanimously voted to
endorse the formation of a City of Palm Desert municipal library; and
WHEREAS, the City of Palm Desert desires to withdraw from the Riverside County
Library System; and
WHEREAS, as required by California Education Code Section 19106, the City of
Palm Desert published once a week for two successive weeks, in a newspaper
designated by the City circulating throughout the City, notice of the City’s intent to
withdraw from the Riverside County Library System, assume the provision of library
services in the City, and establish an independent municipal library, and such notice
provides the date and place of the meeting at which these contemplated actions are
proposed to be taken; and
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WHEREAS, on October 12, 2023, the City Council of the City of Palm Desert held
a public hearing on the matter of withdrawal from the Riverside County Library System
and intention to establish an independent municipal library; and
WHEREAS, as required by California Education Code Section 19116, the City is
authorized to withdraw from the Riverside County Library System and assume
responsibility for providing public library services by notifying the Board of Supervisors of
Riverside County that the City no longer desires to be a part of the county free library
system and indicating whether the City intends to acquire property pursuant to subdivision
(c) of California Education Code, Section 19116; and
WHEREAS, the City Council desires to withdraw from the Riverside County Library
System as of July 1, 2024, or upon the transfer of any property, whichever is later, and to
provide library services directly to the public as a municipal library.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
Section 1. That the above recitals are true and correct and are incorporated
herein by this reference.
Section 2. The City Council of the City of Palm Desert hereby approves the
withdrawal from the Riverside County Library System and determines and directs that
City staff notify the Board of Supervisors of Riverside County that: a) the City no longer
desires to be part of the county free library system, b) the City desires to assume the
County’s lease with Desert Community College District of the library building and to
acquire all mutually agreed upon personal property within, c) as of July 1, 2024, or upon
the transfer of property, whichever is later, the City of Palm Desert will withdraw from the
Riverside County Library System and shall assume the responsibility for the provision of
library services within the City’s jurisdiction, and d) the City requests that the County
shall take all necessary actions to redirect to the City, effective July 1, 2024, residual
property tax funds and pass through funding pursuant to the Education Code and to
redirect such funds to the City annually thereafter.
Section 3. The City Council hereby directs staff to begin negotiations with the
County, regarding the lease of the library building and contents, the transfer of funds for
library operations, and the drafting of an agreement regarding these and all related
matters, including the unwinding of previous agreements related to the library, in
accordance with California Education Code, Section 19116.
Section 3. The City Council hereby expresses its intent to establish an
independent municipal library and directs staff to take all necessary steps and actions in
order to effectuate the transition of the Palm Desert Library from the Riverside County
Library System to a municipal library.
Section 4. This Resolution shall take effect immediately upon adoption.
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Section 5. The City Clerk shall certify passage of this Resolution.
ADOPTED ON ________________, 20__.
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 _______________________,
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
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