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Home My WebLink AboutAgenda Package - Palm Desert City Council - Regular Meeting_Mar28_2024 PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, March 28, 2024 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 The following items will be considered in closed session: 4.a Closed Session Meeting Minutes: March 14, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: 73510 Fred Waring Drive and 74725 Hovley Lane E Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Crown Castle Under Negotiation: Price and Terms 4.b.2 Property Description: 73710 Fred Waring Drive; 73520 Fred Waring Drive; and 44400 Town Center Way Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: N/A Under Negotiation: Price and Terms 4.c Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency designated representatives: Todd Hileman/Chris Escobedo/Andrea Staehle Employee organization: Palm Desert Employees Organization 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Councilmember Kelly 7.INSPIRATION Mayor Pro Tem Harnik 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 10.CITY MANAGER COMMENTS 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION City Council Meeting Page 2 of 382 12.NONAGENDA PUBLIC COMMENTS 11 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. 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 65 RECOMMENDATION: Approve the Minutes of March 14, 2024. 13.b APPROVAL OF WARRANT REGISTERS 77 RECOMMENDATION: Approve the warrant registers issued for the period 03/07/2024 to 03/20/2024. 13.c ADOPTION OF ORDINANCE NO. 1409 A NOTICE OF EXEMPTION UNDER CEQA AND APPROVE CHANGE OF ZONE 24-0001 TO CHANGE ZONING DESIGNATION OF THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE FROM DOWNTOWN EDGE TRANSITION OVERLAY (DE-O) TO DOWNTOWN EDGE (DE) 105 RECOMMENDATION: Adopt Ordinance No. 1409 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM DE-O TO DE FOR THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE (ASSESSOR’S PARCEL NUMBERS 627- 153-018, AND 627-153-019) CASE NO. CZ24-0001” City Council Meeting Page 3 of 382 13.d APPROVE CHANGE ORDER NO. 3 INCREASING CONTRACT NO. C41880 WITH MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CALIFORNIA, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000 AND ADD MAINTENANCE SERVICES TO NON-LANDSCAPED AREAS (PROJECT NO. MLS00008) 111 RECOMMENDATION: Approve Change Order No. 3 to increase Contract No. C41880 with Mariposa Landscapes, Inc. of Irwindale, California, in an annual amount of $150,000 and add maintenance services to non- landscaped areas for a total annual contract amount of $661,408.56. 1. Increase irrigation, plant, and related extra work and services to an annual amount of $125,000. 2. Authorize the Finance Director to appropriate prorated funds in the amount of $75,000 from Unobligated General Fund to Account No. 1104310-4332000, R/M Streets for Fiscal Year 2023/24. 3. Authorize the City Manager to approve change orders and amendments associated with this contract based on staff’s recommendations. 4. Authorize the City Manager or designee to execute said change order. 5. 13.e AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES 117 RECOMMENDATION: Authorize an amendment to Contract No. A43790 with FG Creative for Palm Desert Aquatic Center marketing services to increase compensation in the amount of $7,700. 1. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 2. Authorize the City Manager to execute said agreement on behalf of the City. 3. 13.f AUTHORIZE AN AMENDMENT TO CONTRACT NO. C43370 TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES 133 RECOMMENDATION: Authorize an amendment to Contract C43370 with FG Creative in the amount of $15,000. 1. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 2. Authorize the City Manager to execute said agreement on behalf of the City. 3. City Council Meeting Page 4 of 382 13.g APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25 WORK PLAN 143 RECOMMENDATION: Approve the Cultural Arts Committee’s Fiscal Year 2024/25 Work Plan. 13.h APPROVE A FINAL SETTLEMENT AGREEMENT WITH THE MILLENNIUM PALM DESERT HOMEOWNERS’ ASSOCIATION (GENESIS HOA) TO INSTALL PERIMETER LANDSCAPING AS REQUIRED IN THE ORIGINAL SUBDIVISION LANDSCAPE PLAN 149 RECOMMENDATION: Approve a Final Settlement Agreement No. C47330 with the Millennium Palm Desert HOA for a one-time reimbursement of the installation of 33 perimeter trees in an amount not to exceed $20,265. 1. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 2. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith. 3. 13.i REJECT THE PROPOSAL TO PURCHASE A DIESEL STREET SWEEPER AND APPROVE THE PROPOSAL TO PURCHASE A CNG STREET SWEEPER FROM PB LOADER CORPORATION TO IMPROVE CITYWIDE ROADWAY AND PARKING LOT MAINTENANCE 193 RECOMMENDATION: Reject previous request to purchase an Elgin Broom Bear Diesel Street Sweeper from Haaker Equipment Company of La Verne, California. 1. Authorize the purchase of a CNG Powered Street Chassis with XBroom (Street Sweeper) from PB Loader Corporation of Fresno, California, in the amount of $624,527.35. 2. Authorize the Director of Finance to set aside a contingency of $25,000 for any unforeseen fees and ancillary equipment. 3. Authorize the Finance Director to appropriate additional funds in the amount of $170,333.08 from unobligated Equipment Replacement Fund Balance to Account No. 5304310-4403000. 4. Authorize City Manager to approve the use of the contingency and any documents necessary to effectuate actions taken herewith. 5. 13.j ADOPT RESOLUTION NO. 2024-010 AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT 201 RECOMMENDATION: Adopt Resolution No. 2024-010 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE FINANCE DEPARTMENT, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022). RECORDS FROM 1988-2018 (EXHIBIT A)" City Council Meeting Page 5 of 382 13.k APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT NO. C47340 TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027) 207 RECOMMENDATION: Award Contract No. C47340 to Richärd Kennedy Architects for Conceptual Design of New Library Facility in an amount not to exceed $514,865 ($499,865 Basic Services + $15,000 reimbursables). 1. Authorize the Director of Finance to set aside a contingency amount of $128,000 for unforeseen circumstances. 2. Authorize the Director of Finance to set aside $157,135 for pre- construction services by other consultants still to be determined. 3. Authorize the Director of Finance to appropriate funds in the amount of $800,000 from Uncommitted General Fund Reserves to Account Number 1104199-4501000 Inter-Fund Transfers Out. 4. Authorize the Director of Finance to transfer funds to the Library Transfer-In Account No. 4520000-391000 and appropriate expenditure of funds to Capital Projects Account No. 4524136- 4400100 for this purpose. 5. Authorize the City Manager to review and approve written contract change orders requests per Section 3.30.170 of the Palm Desert Municipal Code. 6. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 7. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith. 8. 13.l AWARD CONTRACT NO. C47350 TO CAL-STRIPE, INC., FOR ON-CALL CITYWIDE STREET AND BIKE LANE STRIPING IMPROVEMENTS IN AN ANNUAL AMOUNT NOT TO EXCEED $450,000 (MST00002) 289 RECOMMENDATION: Award a 27-month Contract No. C47350 to Cal-Stripe, Inc. for On- call Citywide Street and Bike Lane Striping Improvements in an annual amount not to exceed $450,000, with the option of two, one-year extensions. 1. Authorize the City Manager to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith. 4. City Council Meeting Page 6 of 382 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. 14.a APPROVE AN EMERGENCY GRANT PROGRAM IN AN AGGREGATE AMOUNT NOT TO EXCEED $1,500,000 FOR COMMERCIAL PROPERTY OWNERS AND HOMEOWNERS ASSOCIATIONS LOCATED ALONG INTERSTATE 10 AND AFFECTED BY TROPICAL STORM HILARY 333 RECOMMENDATION: Approve emergency grant program in an aggregate amount not to exceed $1,500,000 for commercial property owners and homeowners associations located along Interstate 10 and impacted by Tropical Storm Hilary. 1. Authorize the Finance Director to appropriate funds in the amount of $1,500,000 from General Fund Emergency Reserves to Account No. 1104159-4219100. 2. Authorize the City Attorney to prepare all necessary documents and make any non-monetary changes to the agreement. 3. Authorize City Manager to execute agreements and any documents necessary to effectuate actions taken herewith. 4. 14.b APPROVE REPLACEMENT OF A BRONZE PLAQUE AT THE DESERT HOLOCAUST MEMORIAL 347 RECOMMENDATION: Approve replacement of a bronze plaque at the Desert Holocaust Memorial. 14.c APPROVE PLACEMENT OF PEACE POLE AT THE COMMUNITY ROSE GARDEN IN CIVIC CENTER PARK 351 RECOMMENDATION: Approve Placement of Peace Pole at the Community Rose Garden in Civic Center Park. 14.d RESOLUTION NO. 2024-011 ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM 361 RECOMMENDATION: Adopt Resolution No. 2024-011 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM.” 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. None. City Council Meeting Page 7 of 382 16.INFORMATION ITEMS 17.ADJOURNMENT City Council Meeting Page 8 of 382 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 Page 9 of 382 Page 10 of 382 Page 11 of 382 Page 12 of 382 Page 13 of 382 Page 14 of 382 Page 15 of 382 Page 16 of 382 Page 17 of 382 Page 18 of 382 Page 19 of 382 Page 20 of 382 Page 21 of 382 Page 22 of 382 Page 23 of 382 Page 24 of 382 Page 25 of 382 Page 26 of 382 Page 27 of 382 Page 28 of 382 Page 29 of 382 Page 30 of 382 Page 31 of 382 Page 32 of 382 Page 33 of 382 Page 34 of 382 Page 35 of 382 Page 36 of 382 Page 37 of 382 Page 38 of 382 Page 39 of 382 Page 40 of 382 Page 41 of 382 Page 42 of 382 Page 43 of 382 Page 44 of 382 Page 45 of 382 Page 46 of 382 Page 47 of 382 Page 48 of 382 Page 49 of 382 Page 50 of 382 Page 51 of 382 Page 52 of 382 Page 53 of 382 Page 54 of 382 Page 55 of 382 Page 56 of 382 Page 57 of 382 Page 58 of 382 Page 59 of 382 Page 60 of 382 Page 61 of 382 Page 62 of 382 Page 63 of 382 Page 64 of 382 1 Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Minutes March 14, 2024, 3:00 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, and Mayor Karina Quintanilla Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there was in-person public access to the meeting location. 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, March 14, 2024, at 3:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a STUDY SESSION: TRAFFIC ASSESSMENT STUDIES OF EL PASEO RAISED MID-BLOCK CROSSINGS AND UNIVERSITY DOG PARK PARKING OPTIONS Senior Project Manager AL-Beitawi narrated a PowerPoint presentation regarding traffic assessment studies of El Paseo Raised Mid-block Crossings and University Dog Park parking options, and responded to City Council inquiries. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:39 p.m. Respectfully submitted, _________________________ Níamh M. Ortega Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Page 65 of 382 Page 66 of 382 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Regular Meeting Minutes March 14, 2024, 3:30 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, and Mayor Karina Quintanilla 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 Quintanilla on Thursday, March 14, 2024, at 3:40 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 3. RECESS TO CLOSED SESSION 4. CLOSED SESSION AGENDA 4.a Closed Session Meeting Minutes: February 7 and February 15, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: Assessor's Parcel Number 637-300-023 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Mayor Quintanilla led the Pledge of Allegiance. 7. INSPIRATION Councilmember Kelly provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that no reportable actions were taken. 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a PRESENTATION - VISIT GREATER PALM SPRINGS UPDATE Visit Greater Palm Springs representatives Scott White, Colleen Pace and Davis Meyer narrated a PowerPoint presentation and responded to City Council inquiries. 9.b PRESENTATION - CELEBRATE CV EVENT LocalIQ representative Nathan Truesdell narrated a PowerPoint presentation and responded to City Council inquiries. 10. CITY MANAGER COMMENTS Page 67 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 2 10.a SHERIFF DEPARTMENT UPDATE Lt. Porras provided an update on the Blue Envelope Program and other matters of the Sheriff's Department and responded to City Council inquiries. 10.b PARTY IN THE PARK RECAP Deputy Director of Economic Development Lawrence narrated a PowerPoint presentation and responded to City Council inquiries. 10.c FORMER COUNCILMEMBER PLAQUE UPDATE Public Works Deputy Director Chavez provided an update and responded to City Council inquiries. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. 12. NON-AGENDA PUBLIC COMMENTS Barbara Wasserkrug, Palm Desert resident, spoke in opposition to the economic recovery plan known as The Great Reset Initiative. Daryl Terrell, Moreno Valley resident, opined that AB 641 regarding automobile dismantlers and catalytic converter theft was not restrictive enough, and urged the City Council to adopt an ordinance that would further restrict the number of catalytic converters an individual could possess. Rebecca, Palm Desert resident, requested assistance from the City with an ongoing issue with the legal system and the removal of her children from her home. 13. CONSENT CALENDAR Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee To approve the consent calendar as presented. Motion Carried (5 to 0) 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Approve the Minutes of February 7 and February 15, 2024. Motion Carried (5 to 0) Page 68 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 3 13.c ACCEPTANCE OF A RESIGNATION FROM THE MARKETING COMMITTEE Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee With regret, accept the resignation of Jeffrey Norman from the Marketing Committee. Motion Carried (5 to 0) 13.d APPROVAL OF PARK ORDINANCE WAIVERS FOR APRIL 18, 2024, CONCERT IN THE PARK Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Approve temporary waiver of the following Palm Desert Municipal Code (PDMC) sections for a bonus Concert in the Park on April 18, 2024: a. 11.01.20 (Hours of Use in City Parks) b. 11.01.140 (Amplified Sound in City Parks) c. 11.01.080 O (Placement of Advertising Signage in City Parks) d. 11.01.080 Q (Vendor Sales in City Parks) e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 Motion Carried (5 to 0) 13.e APPROVE THE 2024 HOMELESSNESS TASKFORCE ANNUAL WORK PLAN Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Approve the 2024 Homelessness Taskforce Annual Work Plan. Motion Carried (5 to 0) 13.f HOUSING AUTHORITY: AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR HD SUPPLY FACILITIES MAINTENANCE, LTD., SERVICE FIRST, LLC., AND CURTIS ALLAN FLOOR COVERING FOR FISCAL YEAR 2023/24 Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee 1. Authorize an increase of $60,000 to the not to exceed amount of HD Supply Facilities Maintenance in Fiscal Year 2023/24 for an aggregate amount of $310,000. 2. Authorize an increase of $15,000 to the not to exceed amount of additional services for Service First, LLC in Fiscal Year 2023/24 for an aggregate amount of $50,000. 3. Authorize an increase of $35,000 to the not to exceed amount of Curtis Allan Floorcovering, Inc., in Fiscal Year 2023/24 for an aggregate amount of $285,000. Page 69 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 4 4. Appropriate $110,000 from the Housing Authority’s Unobligated 871 Fund Balance to the FY 2023/24 operating budget in the appropriate account for each of the 15 Housing Authority Properties. 5. Authorize the Executive Director or his designee to take any necessary actions to facilitate execution of amended agreements with Curtis Allan and Service First and any documents necessary to effectuate the actions taken herewith. Motion Carried (5 to 0) 13.g AUTHORIZE OUT-OF-STATE TRAVEL FOR THE BUSINESS ENTERPRISE SYSTEMS ADMINISTRATOR TO ATTEND LASERFICHE EMPOWER 2024 ANNUAL CONFERENCE ON APRIL 22 THROUGH APRIL 25, 2024, IN LAS VEGAS, NEVADA Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Authorize out-of-state travel for the Business Enterprise Systems Administrator to attend Laserfiche Empower Annual Conference on April 22 through April 25, 2024, in Las Vegas, Nevada. Motion Carried (5 to 0) 13.h ADOPT A RESOLUTION AMENDING AND UPDATING THE CITY’S EMERGENCY MEDICAL SERVICES BILLING PROGRAM FEE SCHEDULE AND RELATED WRITE-OFF POLICY Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Adopt Resolution No. 2024-008 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING THE CITY’S EMERGENCY MEDICAL SERVICES BILLING PROGRAM FEE SCHEDULE AND RELATED WRITE-OFF POLICY.” Motion Carried (5 to 0) 13.i ADOPT RESOLUTION APPROVING FINAL PARCEL MAP NO. 38751 Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Adopt Resolution No. 2024-009 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL PARCEL MAP NO. 38751”. Motion Carried (5 to 0) Page 70 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 5 13.j AWARD A CONTRACT TO HR GREEN PACIFIC, INC., FOR INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES OF THE FIRECLIFF GREENS/TEE BOX RENOVATION AND TURF REDUCTION PROJECT AT DESERT WILLOW GOLF RESORT IN THE AMOUNT OF $199,645 (PROJECT NO. MLS00005) Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee 1. Award Contract No. C44200C to HR Green Pacific, Inc., to provide inspection and construction management services of the Firecliff Golf Course Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort (DWGR) in the amount not to exceed $199,645. 2. Authorize the Finance Department to set aside a contingency in the amount of $20,000 for unforeseen circumstances. 3. Authorize the City Manager to review and approve written contract change orders requests per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 5. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith. Motion Carried (5 to 0) 13.k RATIFY A LETTER OF SUPPORT FOR THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ GRANT APPLICATION FOR THE ADDRESSING CLIMATE CHANGE, EMERGENCIES, AND SAND STORMS (ACCESS) INDIAN CANYON DRIVE PROJECT Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Ratify a letter of support for the Coachella Valley Association of Governments (CVAG) grant application to the Southern California Association of Government (SCAG) for the ACCESS Indian Canyon Drive Project. Motion Carried (5 to 0) 13.l RATIFY PREQUALIFIED VENDOR LIST SUBMISSIONS THROUGH FEBRUARY 29, 2024 Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Ratify prequalified vendor list submissions received through February 29, 2024, for the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Desert Willow Golf Resort. Motion Carried (5 to 0) Page 71 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 6 13.m RATIFY A LETTER OF SUPPORT FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ GRANT APPLICATION FOR U.S. DEPARTMENT OF TRANSPORTATION’S REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) GRANT PROGRAM Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Ratify a letter of support for the Southern California Association of Governments (SCAG) Grant Application for the “Southern California Comprehensive Sustainable Freight Plan” to the U.S. Department of Transportation. Motion Carried (5 to 0) 13.n APPROVAL OF THE VISIT GREATER PALM SPRINGS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee 1. Approve the Visit Greater Palm Springs Second Amended and Restated Joint Powers Agreement with the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage and the County of Riverside. 2. Authorize the Mayor and City Manager to execute all necessary documents to effectuate this action. Motion Carried (5 to 0) 13.o AUTHORIZE APPROPRIATION OF FACILITY RESERVE FUND FOR SPECIAL COMMUNITY SERVICES PROJECTS Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee 1. Authorize appropriation in the total amount of $1,810,317 from General Fund Facility Reserves to the various Capital Projects Accounts listed for facility and park improvements. 2. Authorize the addition of the Ironwood Park Improvements Project to the FY 2023-24 Capital Improvement Project (CIP) List. Motion Carried (5 to 0) Page 72 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 7 13.p APPROVE AMENDMENT NO. 8 AND 9 TO CONTRACT NO. C41690 WITH HR GREEN FOR CDR00004 SECTION 29 PROJECT AND ADDITIONAL SERVICES RELATED TO THE BROADBAND FEASIBILITY AND MASTER PLAN STUDY Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee 1. Approve Amendment No. 8 and 9, respectively, to Contact No. C41690 with HR Green Pacific (HR Green) for CDR00004 Section 29 Project in an amount of $66,000 and for additional services related to the Broadband Feasibility and Master Plan Study in the amount of $8,496. 2. Authorize the City Manager to execute the amendments and documents necessary to effectuate the actions taken herein. Motion Carried (5 to 0) CONSENT ITEMS HELD OVER 13.b APPROVAL OF WARRANTS Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Approve the warrants issued for the period 2/8/2024 to 2/29/2024. Motion Carried (5 to 0) 14. ACTION CALENDAR 14.a AUTHORIZE CITY MANAGER TO AWARD LIBRARY FURNITURE, FIXTURES, FINISHES, AND EQUIPMENT CONTRACTS TO MULTIPLE VENDORS TO OUTFIT THE NEW LIBRARY LOCATED AT 73-300 FRED WARING DRIVE IN AN AMOUNT NOT TO EXCEED $650,000 (CONTRACT NOS. C47240 A-Z) Director of Library Services Shaffer narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Pursuant to PDMC Section 3.30.160(I), authorize the City Manager to review and reject bids, waive any minor irregularities, and award contracts to qualified furniture, fixture, and equipment (FF&E) vendors for the library located at 73- 300 Fred Waring Drive in an aggregate amount not to exceed $650,000, pursuant to the terms of the agreement(s). 2. Authorize the Director of Finance to reallocate funds, if necessary, from the Library Services Fund (252) to the Library Capital Projects Account No. 4524136-4400100. 3. Authorize the City Manager to execute any agreements, amendments and all other documents necessary to effectuate this action. 4. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. Motion Carried (5 to 0) Page 73 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 8 15. PUBLIC HEARINGS 15.a INTRODUCE ORDINANCE NO. 1409 TO ADOPT A NOTICE OF EXEMPTION UNDER CEQA AND APPROVE CHANGE OF ZONE 24-0001 TO CHANGE ZONING DESIGNATION OF THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE FROM DOWNTOWN EDGE TRANSITION OVERLAY (DE-O) TO DOWNTOWN EDGE (DE) Mayor Quintanilla opened the public hearing. Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. Sean Krejci, Palm Desert resident, expressed concern about the types of use permitted other than commercial space under the zoning change. Staff confirmed that the proposed change does not directly affect the land use classification and allows uses that are of constructive occupancy of the building. Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Introduction of Ordinance No. 1409 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM DE-O TO DE FOR THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE (ASSESSOR’S PARCEL NUMBERS 627-153-018, AND 627-153-019).” Motion Carried (5 to 0) Page 74 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 9 15.b INTRODUCE ORDINANCE NO. 1410 TO ADOPT A NOTICE OF EXEMPTION UNDER CEQA AND ADOPT A ZONING ORDINANCE AMENDMENT TO IMPLEMENT RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS Mayor Quintanilla opened the public hearing. Principal Planner Melloni and John Kaliski and Amee Bhatt, of JK Architects, narrated a PowerPoint presentation summarizing the proposed residential and mixed-use objective design standards (ODS). Mayor Quintanilla closed the public hearing, there being no one wishing to speak. During the course of discussion, the City’s consultant and staff responded to inquiries as follows: • There is a process, such as review by the Architectural Review Commission, in which a developer who wishes to propose a project which does not conform to the ODS may seek an exception. • There is a need to establish ODS as the State has restricted the City’s ability to apply subjective standards on certain residential and mixed-use housing projects. • Explained that a “sense of quality” as referenced in the ODS refers to the idea that the City Council, through the creation of ODS, will ensure a sense of quality in future projects. • A landscaping expert will be consulted regarding the appropriateness of hybrid Palo Verde trees being included in the acceptable plant palate and will report back to the City Council. Following discussion, it was agreed that the ODS should be modified as follows: • Chapter 3, Passive and Active Amenities: Create consistent “number of dwelling units” categories for both passive and active amenities and amend Table 3.9.3. to increase number of required active amenities. • Chapter 3, Landscape and Open Space: Explicitly prohibit any invasive, noxious, and nuisance plant species, inclusive of the Washingtonia robusta. • Chapter 4: Building Architecture: Revise language so that no building wall shall exceed 250 feet in length. • Chapter 4. Building Architecture: Revise language so that a 40-foot open-to- the-sky building breaks shall be provided between resulting structures. • Chapter 4, Building Architecture: Revise language so that a minimum of four out of the 11 options for building modulation must be utilized. • Chapter 5, Parking: Remove language that prohibits surface parking lots in the frontage setback or between buildings and the public street. If someone were to place a surface parking lot in this area, they would be required to provide a fence, wall, or 10’ landscape buffer. • Chapter 6, ODS Compliance Checklist: Correct the Multifamily Compliance Checklist reference to “ODS 3.14” to “ODS 3.5.2.” Page 75 of 382 Palm Desert City Council Meeting Minutes March 14, 2024 10 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Introduction of Ordinance No. 1410 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 – MULTIFAMILY AND MIXED- USE OBJECTIVE DESIGN STANDARDS AND AMENDING OTHER CHAPTERS OF THE ZONING ORDINANCE”, as amended. Motion Carried (5 to 0) 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 6:15 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Page 76 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202400001445 BEST BEST & KRIEGER LLPW1 LIBRARY LGL SVC 1/2443015001104121 986868 9,981.60 03/07/202400001445 BEST BEST & KRIEGER LLPW1 ADDT'L MONTHLY LGL THRU 1/2443015001104121 986868 46,589.80 03/07/202400001445 BEST BEST & KRIEGER LLPW1 Bravo LGL SVC 1/2443015001104121 986871 1,023.00 03/07/202400001445 BEST BEST & KRIEGER LLPW1 Article 34 LGL SVC 1/2443015001104121 986871 593.20 03/07/202400001445 BEST BEST & KRIEGER LLPW1 FORMATION NONPROFIT LGL 1/2443090002524662 987963 3,515.00 03/07/202400001445 BEST BEST & KRIEGER LLPW1 PARKVIEW LGL 1/2443696015104195 986868 71.20 03/07/202400001445 BEST BEST & KRIEGER LLPW1 HAF LGL 1/2443015008734195 986871 679.20 03/07/202400001446 BURRTECW1 Tax Roll Payment22826006100000 INV-02-23-2024 2,007,178.97 03/07/202400001446 BURRTECW1 Franchise Fee22826006100000 INV-02-23-2024 -80,287.16 03/07/202400001446 BURRTECW1 Admin Fee22826006100000 INV-02-23-2024 -30,613.44 03/07/202400001446 BURRTECW1 Recycle Fee22826006100000 INV-02-23-2024 -107,864.22 03/07/202400001446 BURRTECW1 Vehicle Impact Fee22826006100000 INV-02-23-2024 -82,294.34 03/07/202400001446 BURRTECW1 Tax Roll Payment22826006100000 INV-08-09-2023 138.70 03/07/202400001446 BURRTECW1 Franchise Fee22826006100000 INV-08-09-2023 -5.55 03/07/202400001446 BURRTECW1 Admin Fee22826006100000 INV-08-09-2023 -2.77 03/07/202400001446 BURRTECW1 Recycle Fee22826006100000 INV-08-09-2023 -8.89 03/07/202400001446 BURRTECW1 Vehicle Impact Fee22826006100000 INV-08-09-2023 -5.69 03/07/202400001447 CBRE INCW1 Real Estate Brokerage, Jan '2443090001104430 2023-273215-002 5,000.00 03/07/202400001447 CBRE INCW1 Real Estate Brokerage, Feb '2443090001104430 2023-273215-003 5,000.00 03/07/202400001448 CDW LLCW1 FY2324 Computer Replacement44040005304190 PV50823 5,502.10 03/07/202400001448 CDW LLCW1 FY2324 TV Replacement44040005304190 PV94468 587.24 03/07/202400001448 CDW LLCW1 FY2324 Phone Case Replacement44040005304190 PW31716 40.07 03/07/202400001449 CITY EMPLOYEES ASSOCIATES LLCW1 PDEO DUES through 02/202421613001100000 PDEA022024 1,590.00 03/07/202400001450 DESERT PUBLICATIONS INCW1 City of Palm Desert promotiona43222001104417 99949 3,125.00 03/07/202400001451 ESCRIBE SOFTWARE LTD.W1 Agenda Management Software43620011104190 5840 17,640.00 03/07/202400001452 FEDERAL EXPRESS CORP.W1 LOCC Lead. Sum. Quint. Reg Chk43660001104110 841768420 20.60 03/07/202400001452 FEDERAL EXPRESS CORP.W1 HDL Biz Lic Renewals43660001104422 8-410-63956 35.86 03/31/2024Report Date 1Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 77 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202400001453 HIGH TECH IRRIGATION INC.W1 R/M IRRIGATION - FREEDOM42191001104159 783192 513.09 03/07/202400001453 HIGH TECH IRRIGATION INC.W1 R/M IRRIGATION - FREEDOM42191001104159 783193 718.34 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 DESERT MIRAGE43320002734680 6679 516.65 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PRIMEROSE II43320002734682 6679 325.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 DIAMONDBACK43320002754643 6679 112.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA MONTEREY MEADOWS43320002754680 6679 141.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 THE GLEN43320002754681 6679 291.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 HOVLEY ESTATES43320002754682 6679 145.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 SONATA I43320002754683 6679 339.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 SONATA II43320002754684 6679 466.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 HOVLEY COLLECTION43320002754685 6679 366.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 LA PALOMA I43320002754686 6679 154.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 LA PALOMA II43320002754687 6679 154.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 LA PALOMA III43320002754693 6679 137.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 SANPIPER COURT43320002754694 6679 166.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 SANPIPER COURT WEST43320002754695 6679 166.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 HOVLEY COURT WEST43320002754696 6679 235.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PALM COURT43320002754697 6679 112.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PRES PLAZA 1 / II43320002774373 6679 2,245.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 VINEYARDS43320002784374 6679 225.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 WARING COURT43320002794374 6679 208.25 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PALM GATE43320002804374 6679 125.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 THE GROVE43320002814374 6679 487.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PRES PLAZA III43320002824373 6679 526.60 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PORTOLA PLACE43320002834374 6679 208.25 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 KAUFMAN N BROAD43320002854374 6679 958.25 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 CANYON CREST43320002864374 6679 279.00 03/31/2024Report Date 2Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 78 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 COLLEGE VIEW EST II43320002874374 6679 300.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 THE BOULDERS43320002874680 6679 500.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 SUNDANCE WEST43320002874681 6679 270.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PETUNIA I43320002874682 6679 350.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 SUNDANCE EAST43320002874683 6679 150.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 COLLEGE VIEW EST I43320002874684 6679 270.50 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 EXTRA WORK - OVERFLOW LOTS43370011104614 6685 720.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LANDS MAINT - DW PRKG LOT43370011104614 6678 1,548.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LMA 7 PALM DESERT CC43320002994374 6679 500.00 03/07/202400001454 HORIZON PROFESSIONAL LANDSCAPEW1 FB24 LANDS MAINT - 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COMM GAR43910001104611 231876 162.00 03/07/202400001469 VINTAGE ASSOCIATESW1 August '23 Weather Event: Park42191001104159 232051 1,647.83 03/07/202400001470 VISUAL EDGE IT INCW1 Usage&supplies 2TX101725 FEB2443420001104190 24AR1564611 129.69 03/07/202400001470 VISUAL EDGE IT INCW1 Usage and supplies 1/24-2/2443420001104190 24AR1564935 2,199.41 03/07/202400001470 VISUAL EDGE IT INCW1 Usage&supplies 3TX403772 FEB2443420001104190 24AR1564936 163.39 03/07/202400001471 WILLDAN FINANCIAL SERVICESW1 Series 2003 ACD43090003124350 010-57643 1,600.00 03/07/202400001471 WILLDAN FINANCIAL SERVICESW1 2004-02 Sect 29 ACD43090003154350 010-57643 1,600.00 03/07/202400001471 WILLDAN FINANCIAL SERVICESW1 2005-1 U-Park ACD43090003534394 010-57643 1,600.00 03/07/202400001471 WILLDAN FINANCIAL SERVICESW1 2021-1 U-Park ACD43090003544394 010-57643 1,600.00 03/07/202400001472 WILLIS TOWERS WATSON NORTHEAST INCW1 PSAM Art Insurance43885001104800 17433W24/000001 10,381.00 03/07/202400001473 WINGED SOLUTIONS INCW1 CC PARK BIRD MITIGATION43320011104610 WS013124CP 1,674.00 03/07/202400001474 ZARTICO INCW1 Zartico2024 Payment #143620011104190 0001179 17,500.00 03/07/202402002237 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - CITY HALL42190001104340 C-2361 261.99 03/07/202402002238 ALEX VASQUEZW1 CEC ADV LODGING A. VASQUEZ11501001100000 ADV LDG 0324AV 870.55 03/07/202402002238 ALEX VASQUEZW1 CEC ADV MILEAGE A. VASQUEZ11501001100000 ADV MILE 0324AV 94.47 03/07/202402002238 ALEX VASQUEZW1 CEC ADV PER DIEM A. VASQUEZ11501001100000 ADV PD 0324AV 407.00 03/07/202402002238 ALEX VASQUEZW1 CEC ADV PARKING A. VASQUEZ11501001100000 ADV PARK 0324AV 75.00 03/07/202402002239 ALTA PLANNING + DESIGN INCW1 PD VISION ZERO STRATEGY50009102134300 304.0002023.2671 5,408.75 03/07/202402002240 APWAW1 2024 ANNUAL DUES - APWA43630001104300 252114 2,482.50 03/07/202402002241 BECK OIL INCW1 SUPPLY OF GAS AND DIESEL FUEL42170001104331 98240 3,997.55 03/07/202402002241 BECK OIL INCW1 SUPPLY OF GAS AND DIESEL FUEL42170001104331 100000 5,452.13 03/07/202402002242 BURRTECW1 TRASH PICKUP SRV PP East43518002774373 433101-03/24 8,439.96 03/07/202402002242 BURRTECW1 TRASH PICKUP SRV PP West43518002774373 433104-03/24 6,970.28 03/07/202402002242 BURRTECW1 73710 FW TRASH PICKUP SRV43696015104195 208162-03/24 482.75 03/07/202402002242 BURRTECW1 73720 FW TRASH PICKUP SRV43696025104195 208189-03/24 350.87 03/31/2024Report Date 5Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 81 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202402002243 CASC ENGINEERING ANDW1 MS4 / NPDES SUPPORT43090001104300 0050595 4,357.25 03/07/202402002244 CHARTER COMMUNICATIONSW1 FB23 73571 MAGNESIA FALLS-PDAC43650002424549 0525504021724 265.71 03/07/202402002245 CITY OF INDIAN WELLSW1 Patton Door Repair-FS #5543042012304220 19-84 105.00 03/07/202402002245 CITY OF INDIAN WELLSW1 Circuit Install-FS #5543042012304220 19-85 784.80 03/07/202402002246 CITY OF PALM DESERTW1 ELEC23-0119 INSPECTION FEES48092004414195 INV-3772 - 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MOORE11501001100000 ADV PARK 0324MM 75.00 03/07/202402002270 MAXWELL SECURITY SERVICESW1 02/24 AFTER-HOURS ALARM RESP43090001104340 2402181 400.00 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - CORP YARD43310001104330 783262 2,667.98 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - CITY HALL43326001104340 783262 8,569.46 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - PORTOLA CC43310001104344 783262 1,347.88 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - iHUB43950004254430 783262 2,028.71 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - SHERIFF CTR43695005104195 783262 6,572.34 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - PARKVIEW B43696015104195 783262 7,943.77 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - STATE BLDG43696025104195 783262 5,984.70 03/07/202402002271 MERCHANTS BUILDINGW1 FB24 JANITORIAL - HENDERSON43698005104195 783262 988.10 03/07/202402002271 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS43326001104340 784829 720.00 03/07/202402002272 MOLINA, AMBERW1 Prof-Emp Recog Program43095011104154 02/29/24 435.00 03/31/2024Report Date 9Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 85 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202402002273 MOLLER'S GARDEN CENTERW1 PLANT MATERIAL - ROSE GARDEN43320011104610 571378 178.25 03/07/202402002274 MUNIZ, RAFAELW1 0124WOC-FR MILEAGE43115001104310 0124WOC-RM 346.48 03/07/202402002274 MUNIZ, RAFAELW1 0124WOC-RM MEALS43120001104310 0124WOC-RM 379.50 03/07/202402002274 MUNIZ, RAFAELW1 0124WOC-RM LODGING43120001104310 0124WOC-RM 872.78 03/07/202402002274 MUNIZ, RAFAELW1 0124WOC-RM PARKING43120001104310 0124WOC-RM 188.00 03/07/202402002275 NANCE, MICHELLEW1 M.Nance Mileage CMC 2.20-2.2343115001104111 2.29.24 126.09 03/07/202402002275 NANCE, MICHELLEW1 M.Nance M&IE CMC 2.16-2.23.2443120001104111 2.29.24 259.00 03/07/202402002275 NANCE, MICHELLEW1 M.Nance LDG CMC 2.20-2.2343120001104111 2.29.24 413.22 03/07/202402002276 PALM DESERT ACE HARDWAREW1 PARK SUPPLIES - FREDOM42190001104610 244793 48.46 03/07/202402002276 PALM DESERT ACE HARDWAREW1 BLDG SUPPLIES - SHERIFF CTR43695005104195 244556 86.81 03/07/202402002276 PALM DESERT ACE HARDWAREW1 R/M STREET SUPPLIES42190001104330 244466 43.08 03/07/202402002277 PALMER ELECTRICW1 ELECT REPAIRS - THE GROVE43321002814374 5118 119.92 03/07/202402002278 PAUL HOBSON STUDIOW1 ART RESTORATION - PDAC43311012424549 013124 1,912.00 03/07/202402002279 PPG ARCHITECTURAL FINISHESW1 GRAFFITI REMOVAL SUPPLIES43915021104310 972220001121 98.83 03/07/202402002279 PPG ARCHITECTURAL FINISHESW1 GRAFFITI SUPPLIES43915021104310 972220001103 62.84 03/07/202402002280 PROPET DISTRIBUTORSW1 7.75% SALES TAX20702001100000 144727 -48.40 03/07/202402002280 PROPET DISTRIBUTORSW1 DOG BAG DISP - HOMME ADAMS42190001104611 144727 672.90 03/07/202402002281 QUINN COMPANYW1 TEMP PORTABLE GENERATOR - FS3343310002304220 E2926303 3,708.40 03/07/202402002281 QUINN COMPANYW1 TEMP PORTABLE GENERATOR - FS7143310002304220 E2828613 6,038.98 03/07/202402002282 QUINTANILLA, KARINAW1 Quintanilla 2.2024 Mile Rmbrs.43115001104110 K. QUINT 3.1.24 187.33 03/07/202402002283 SECURITY SIGNAL DEVICES INC.W1 R/M FIRE ALARM - STATE BLDG43696025104195 S-01119848 606.11 03/07/202402002284 SELBERT PERKINS DESIGN INCW1 WAYFINDING MASTER PLAN50009102134300 20240200 600.00 03/07/202402002285 SKYLINE SAFETY AND SUPPLYW1 R/M STREET SUPPLIES42190001104310 8177 1,122.63 03/07/202402002286 SNM IMAGING LLCW1 Off Site Scanning Services43090008734195 2084 4,263.08 03/07/202402002287 SO CAL GASW1 74605 42nd Ave SHOP43512001104330 05382896149-JA24 79.84 03/07/202402002287 SO CAL GASW1 45480 Portola Avenue43512001104344 16752512422-FB24 195.86 03/07/202402002287 SO CAL GASW1 44400 Town Ctr Wy - FS#3343512002304220 06242756002-FB24 323.20 03/31/2024Report Date 10Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 86 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202402002287 SO CAL GASW1 73995 Country Club Dr - FS#7143512002304220 13562662000-FB24 86.13 03/07/202402002287 SO CAL GASW1 73200 Mesa View Dr. - FS#6743512002304220 05412483009-FB24 149.13 03/07/202402002287 SO CAL GASW1 73751 Magnesia Falls - POOL43512002424549 13149517933-FB24 11,554.24 03/07/202402002287 SO CAL GASW1 72559 Hwy 111-Henderson43698005104195 08946430827-FB24 14.30 03/07/202402002288 SOROPTIMIST INTERNATIONALW1 Jan Harnik 60th Award Banquet43886001104800 1003 60.00 03/07/202402002289 SOUTHERN CALIFORNIA ASSOC.W1 SCAG Conf - A Law - Registrtn43120001104430 GA24-022024-0036 400.00 03/07/202402002290 SOUTHERN CALIFORNIA EDISONW1 44911 Cabrillo Avenue43514001104340 700471509061FB24 150.49 03/07/202402002290 SOUTHERN CALIFORNIA EDISONW1 45656 Mountain View Ave43514001104340 700749685964FB24 43.29 03/07/202402002290 SOUTHERN CALIFORNIA EDISONW1 43556 1/2 San Pablo43514001104614 700654070741FB24 244.72 03/07/202402002290 SOUTHERN CALIFORNIA EDISONW1 FIRESTATION 33, 67, 7143514002304220 700028290904FB24 3,694.87 03/07/202402002290 SOUTHERN CALIFORNIA EDISONW1 72880 Highway 111 Sears Bldg43514004254430 700780412029FB24 2,240.71 03/07/202402002291 SOUTHWEST AQUATICSW1 FEB24 LAGOON - CC PARK43320011104610 02-21535 4,114.00 03/07/202402002291 SOUTHWEST AQUATICSW1 FEB24 - WATER FEATURE ENTRADA43921011104614 02-21535 1,030.00 03/07/202402002292 T-MOBILE USA INCW1 FEB24 VEHICLE GPS MONITORING43340001104331 978220384-27 1,503.39 03/07/202402002293 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200094360 11.21 03/07/202402002293 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200094360 182.21 03/07/202402002294 UNITED STATES POSTAL SERVICEW1 AISV Delivery Statistics Ret43026001104417 1010514 155.00 03/07/202402002295 US BANKW1 Jan24 PDRFC US Bank Fees37999991100000 N112280 216.44 03/07/202402002296 VECTORUSAW1 Network Drops in back HUB43360001104190 99852 3,586.80 03/07/202402002297 VERITEXT LLCW1 Court Reporter Services14301001100000 DEPOSIT 032224 2,500.00 03/07/202402002298 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5666698 616.76 03/07/202402002298 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5670972 1,479.19 03/07/202402002299 WAXIEW1 JANITORIAL SUPPLIES42190001104340 82226627 683.98 03/07/202402002299 WAXIEW1 JANITORIAL SUPPLIES42190001104340 82266566 312.48 03/07/202402002300 WEST COAST ARBORISTS INCW1 MISC TREE WORK - CC PARK43320011104610 210295 1,659.50 03/07/202402002300 WEST COAST ARBORISTS INCW1 MISC TREE WORK - MEDIANS43370011104614 210295 6,193.90 03/07/202402002300 WEST COAST ARBORISTS INCW1 TREE REMOVAL - Haystack43321002754681 210616 829.75 03/31/2024Report Date 11Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 87 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202402002300 WEST COAST ARBORISTS INCW1 TREE REMOVAL - K/B43321002854374 210449 829.75 03/07/202402002301 XPRESS GRAPHICSW1 PD Timeline Booklet43610001104417 24-60163 528.38 03/07/202402002301 XPRESS GRAPHICSW1 COMM OUTREACH - CAHUILLA PARK42190001104611 24-59596 870.98 Examined and Approved Total For Bank ID -W1 2,332,203.59City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/31/2024Report Date 12Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 88 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/7/2024 - 3/31/2024 City of Palm Desert Account Number 03/07/202400002527 IS PALM DESERT LPW3 MAR2024 Sewer Rent Payment43740007034121 MAR2024 11,639.40 Examined and Approved Total For Bank ID -W3 11,639.40City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/31/2024Report Date 13Page DocuSign Envelope ID: 3D75471D-2954-4372-AB9E-4A975FE4E11E Page 89 of 382 Page 90 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/8/2024 - 3/31/2024 City of Palm Desert Account Number 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Arthur Cabrera11503001100000 BE005847149 43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Cora Gaugush11503001100000 BE005847149 81.96 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental R. Trupiano11503001100000 BE005847149 43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Monica O'Reilly11503001100000 BE005847149 81.96 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Delta Dental Premium 01/202421609001100000 BE005847149 13,446.81 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental M Esqueda for 12/202341124001104130 BE005847149 -276.78 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental T. Cechin for 12/202341124001104134 BE005847149 -43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental C Ortega for 12/202341124001104150 BE005847149 -38.49 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Barbara Blythe41124001104417 BE005847149 21.73 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental R McKeown for 12/202341124001104421 BE005847149 -56.43 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Paul Villanueva41124001104422 BE005847149 43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Niko Romaidis41124001104470 BE005847149 43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Arvin Ocampo41124001104470 BE005847149 21.73 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Miguel G.41124001104614 BE005847149 21.73 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental M. Esqueda 12/202311503001100000 BE005800251 138.39 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental Terry Cechin 12/202311503001100000 BE005800251 43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Delta Dental Premium 12/202321609001100000 BE005800251 13,390.36 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental G. Shaffer 12/202341124001104130 BE005800251 43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental R. Lamb for 12/202341124001104134 BE005800251 138.39 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental R. McKeown 12/202341124001104421 BE005800251 163.92 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental P. Villanueva 12/202341124001104422 BE005800251 -43.47 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental N. Romaidis for 12/202341124001104470 BE005800251 21.74 03/08/202400001475 DELTA DENTAL OF CALIFORNIAW1 Dental E. Bohlin for 12/202341124001104614 BE005800251 43.47 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 LTD Premium 12/202321607001100000 463789907416 4,144.60 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Premium 12/202321610001100000 463789907416 2,249.43 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 STD Premium 12/202321618001100000 463789907416 2,009.41 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 LTD,LF,AD,STD Rounding 12/202341122001104150 463789907416 60.97 03/31/2024Report Date 1Page City and Housing DocuSign Envelope ID: D3B75133-2336-461E-9B13-1CBB3E19BAC3 Page 91 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/8/2024 - 3/31/2024 City of Palm Desert Account Number 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 LTD Premium 1/202421607001100000 463782076532 4,117.90 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Premium 01/202421610001100000 463782076532 2,244.83 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 STD Premium 1/202421618001100000 463782076532 2,061.24 03/08/202400001476 HARTFORD LIFE AND ACCIDENTW1 LTD,LF,AD,STD Rounding 1/202441122001104150 463782076532 56.58 03/08/202400001477 PYRO-SPECTACULARS INCW1 7/4/2024 Fireworks Deposit14301001100000 400 24,920.00 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP A. Cabrera 01/202411503001100000 819473815 31.81 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP C. Gaugush 01/202411503001100000 819473815 31.81 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP M. OReilly 01/202411503001100000 819473815 31.81 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP R. Trupiano 01/202411503001100000 819473815 31.81 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP Premium 01/202421614001100000 819473815 3,992.17 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP B. Blythe 01/202441124001104340 819473815 15.90 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP A. Ocampo 01/202441124001104470 819473815 15.90 03/08/202400001478 VISION SERVICE PLAN INC.W1 VSP M. Garcia 01/202441124001104614 819473815 15.90 Examined and Approved Total For Bank ID - W1 73,406.44City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/31/2024Report Date 2Page City and Housing DocuSign Envelope ID: D3B75133-2336-461E-9B13-1CBB3E19BAC3 Page 92 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/15/2024 - 3/31/2024 City of Palm Desert Account Number 03/15/202400001480 AMS CONNECTW1 R/M ALARM - CITY HALL43310001104340 4343783 283.00 03/15/202400001481 AVENU MUNISERVICES LLCW1 SUTA SVC ending 9.30.2343090001104159 INV06-018270 711.51 03/15/202400001482 C V A GW1 FEBRUARY 2024 TUMF22825006100000 PDTUMF022024 24,470.00 03/15/202400001483 CANVUS INCW1 RECYCLED BENCHES42190002364195 INV-3931 14,710.87 03/15/202400001483 CANVUS INCW1 7.75% SALES TAX42190002364195 INV-3931 1,140.09 03/15/202400001484 CBRE INCW1 Appraisal #CB24US001765-1 date43090001104130 001765-2-24 4,500.00 03/15/202400001484 CBRE INCW1 Appraisal #CB24US001765-1 date43090001104130 001652-10-24 4,500.00 03/15/202400001484 CBRE INCW1 Real Estate Services - Feb '2443090001104430 2023-273215-004 5,000.00 03/15/202400001485 CDW LLCW1 5 Diff Color Toners42120001104190 PZ29132 633.33 03/15/202400001485 CDW LLCW1 4 Diff Color Ink42120001104190 PZ49475 436.40 03/15/202400001485 CDW LLCW1 Bluebeam Core Sub202443620011104190 PX55503 2,601.00 03/15/202400001485 CDW LLCW1 Acrobat Pro43620011104190 PT85387 688.00 03/15/202400001485 CDW LLCW1 FY2324 Headset Replacement44040005304190 PX75104 126.78 03/15/202400001485 CDW LLCW1 FY2324 HDD Replacement44040005304190 PZ84390 95.84 03/15/202400001486 Circuit Transit IncW1 Courtesy Carts March '2443681001104416 3015 24,847.62 03/15/202400001487 COACHELLA VALLEY CONSERVATIONW1 FEBRUARY 2024 MSHCP22808006100000 PDMSHCP022024 14,625.00 03/15/202400001487 COACHELLA VALLEY CONSERVATIONW1 LESS1% ADMIN FEE22808006100000 PDMSHCP022024 -146.25 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Licensing Credit-JAN 2434117001100000 AN0000002867 -3,316.00 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Licensing Credit-DEC 2334117001100000 AN0000002849 -1,546.00 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Animal Control Officer-JAN 2443090001104230 AN0000002867 22,760.40 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Animal Control OT-JAN 2443090001104230 AN0000002867 1,650.46 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Shelter Care-JAN 2443090001104230 AN0000002867 4,066.70 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 License Admin Fee-JAN 2443090001104230 AN0000002867 2,235.95 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Ops & Maint-JAN 2443090001104230 AN0000002867 323.64 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Animal Control Officer-DEC 2343090001104230 AN0000002849 22,760.40 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Animal Control OT-DEC 2343090001104230 AN0000002849 2,058.82 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Shelter Care-DEC 2343090001104230 AN0000002849 4,235.60 03/31/2024Report Date 1Page City and Housing DocuSign Envelope ID: 63906E8C-DAD5-4993-87CB-18F9E264C585 Page 93 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/15/2024 - 3/31/2024 City of Palm Desert Account Number 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 License Admin Fee-DEC 2343090001104230 AN0000002849 805.85 03/15/202400001488 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Ops & Maint-DEC 2343090001104230 AN0000002849 250.56 03/15/202400001489 ENTERPRISE HOLDINGS INCW1 FY 23/24 car rentals for Rivco43042001104210 35238381 1,078.52 03/15/202400001490 FG CREATIVE INCW1 Monthly Agency Fee: Feb43215002714491 10211 3,250.00 03/15/202400001490 FG CREATIVE INCW1 Print Ads/Graphic Design: Feb43215002714491 10211 1,000.00 03/15/202400001490 FG CREATIVE INCW1 Content Capture: Feb43215002714491 10211 1,500.00 03/15/202400001490 FG CREATIVE INCW1 Facebook Campaign: Feb43215002714491 10211 180.00 03/15/202400001490 FG CREATIVE INCW1 Content Capture: Feb for merch43215002714491 10211 1,500.00 03/15/202400001490 FG CREATIVE INCW1 Social Media Monthly Services43215002714491 10211 2,200.00 03/15/202400001490 FG CREATIVE INCW1 Oversee local PR efforts with43215002714491 10211 750.00 03/15/202400001490 FG CREATIVE INCW1 Merchant Relations: monthly ou43215002714491 10211 2,000.00 03/15/202400001490 FG CREATIVE INCW1 First Fridays: Oversee store43215002714491 10211 750.00 03/15/202400001491 HORIZON PROFESSIONAL LANDSCAPEW1 TRASH ENCL CLEANUP - PPI-II43321002774373 6684 1,600.00 03/15/202400001492 IDEA PEDDLER LLCW1 Creative Services & Branding43090001104417 2404 3,000.00 03/15/202400001492 IDEA PEDDLER LLCW1 Creative Services & Branding43090001104417 2405 5,000.00 03/15/202400001492 IDEA PEDDLER LLCW1 CS & B: Hero Video Ads43090001104417 2403 4,000.00 03/15/202400001493 IMPRESSION DESIGNW1 Code Jackets42140001104422 15184 64.64 03/15/202400001493 IMPRESSION DESIGNW1 Code Ladies Polo42140001104422 15271 183.12 03/15/202400001494 KEYSER MARSTON ASSOCIATES INCW1 Econ Toolbox - Jan '2443090001104159 0038502 4,262.50 03/15/202400001494 KEYSER MARSTON ASSOCIATES INCW1 Econ Toolbox Feb '2443090001104159 0038561 9,655.00 03/15/202400001495 KIMLEY-HORN AND ASSOCIATES INC.W1 TRAFFIC OPERATION - AMEND 250009072134250 27298323 20,873.11 03/15/202400001496 MARIPOSA LANDSCAPES INCW1 FEB24 LMA 9 MAINT - MEDIAN43370011104614 106656 24,745.40 03/15/202400001496 MARIPOSA LANDSCAPES INCW1 FEB24 LMA 1 MONTHLY LANDSCAPE43370011104614 106593 41,125.38 03/15/202400001496 MARIPOSA LANDSCAPES INCW1 FEB24 LMA 9 MAINT - ENTRADA43921011104614 106656 5,040.80 03/15/202400001497 PFM ASSET MANAGEMENT LLCW1 Investment Mgmt JAN2443090001104159 14113196 3,835.29 03/15/202400001498 PURE WATER PARTNERS LLCW1 LATE FEE CITY HALL43090001104340 1604465 104.00 03/15/202400001498 PURE WATER PARTNERS LLCW1 LATE FEE - FIRE STATIONS43310002304220 1604465 104.00 03/31/2024Report Date 2Page City and Housing DocuSign Envelope ID: 63906E8C-DAD5-4993-87CB-18F9E264C585 Page 94 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/15/2024 - 3/31/2024 City of Palm Desert Account Number 03/15/202400001498 PURE WATER PARTNERS LLCW1 LATE FEES - SHERIFF SUBSTATION43695005104195 1639183 20.00 03/15/202400001498 PURE WATER PARTNERS LLCW1 LATE FEES - SHERIFF SS43695005104195 1664155 40.00 03/15/202400001498 PURE WATER PARTNERS LLCW1 DEC23 3 WATER DISPENSERS - CY43090001104330 1604465 223.05 03/15/202400001498 PURE WATER PARTNERS LLCW1 DEC23 3 WATER DISPENSERS - CH43090001104340 1604465 223.05 03/15/202400001498 PURE WATER PARTNERS LLCW1 DEC23 1 WATER DIS - PORTOLA CC43090001104344 1604465 74.35 03/15/202400001498 PURE WATER PARTNERS LLCW1 DEC23 3 WATER DISP - FIRE STAT43310002304220 1604465 223.05 03/15/202400001498 PURE WATER PARTNERS LLCW1 JAN24 1 WATER DISP -SHERIFF SS43695005104195 1639183 74.35 03/15/202400001498 PURE WATER PARTNERS LLCW1 FEB24 1 WATER DISP- SHERIFF SS43695005104195 1664155 74.35 03/15/202400001499 SANT MADEW1 Website Hosting & Maintenance43620011104190 2869 700.00 03/15/202400001500 STAPLES BUSINESS ADVANTAGEW1 Blk Sharpies/Red Pens/Ruler42110001104159 3560315009 39.16 03/15/202400001501 TILDEN-COIL CONSTRUCTORS INCW1 REL RET P115697/C4240020600004500000 REL RET-CFA00014 102,185.09 03/15/202400001502 US BANKW1 Admin Fee PA#1 11/23-1/2443090001104159 14147666 125.00 03/15/202400001502 US BANKW1 Admin Fee PA#2 11/23-1/2443090001104159 14147666 125.00 03/15/202400001502 US BANKW1 Admin Fee PA#3 11/23-1/2443090001104159 14147666 125.00 03/15/202400001502 US BANKW1 Admin Fee PA#4 11/23-1/2443090001104159 14147666 125.00 03/15/202400001502 US BANKW1 Admin Fee City 11/23-1/2443090001104159 14147666 875.00 03/15/202400001502 US BANKW1 Admin Fee PA#1 08/23-10/2343090001104159 14019534 135.00 03/15/202400001502 US BANKW1 Admin Fee PA#2 08/23-10/2343090001104159 14019534 135.00 03/15/202400001502 US BANKW1 Admin Fee PA#3 08/23-10/2343090001104159 14019534 135.00 03/15/202400001502 US BANKW1 Admin Fee PA#4 08/23-10/2343090001104159 14019534 135.00 03/15/202400001502 US BANKW1 Admin Fee City 08/23-10/2343090001104159 14019534 875.00 03/15/202400001503 VERIZON WIRELESS SERVICES LLCW1 Sheriff Tower Dump-24130871043042001104210 9022348619 75.00 03/15/202400001503 VERIZON WIRELESS SERVICES LLCW1 Verizon Jan24-Feb2322899501100000 9957411959 5,069.33 03/15/202400001503 VERIZON WIRELESS SERVICES LLCW1 Verizon MIFI Jan29-Feb2822899501100000 9957793417 1,073.80 03/15/202402002304 ADVANTEC CONSULTING ENGINEERSW1 DESIGN SRVS - COOK TRAFFIC SIG50009112134385 9803-0277-07 3,580.00 03/15/202402002305 AT&TW1 Sheriff LEA Tracking-384964943042001104210 497295 95.00 03/15/202402002306 BARBARA SINATRA CHILDREN'SW1 Harnik Champ. Hon. Lunch 202443886001104800 CHMP HON 3/26/24 150.00 03/31/2024Report Date 3Page City and Housing DocuSign Envelope ID: 63906E8C-DAD5-4993-87CB-18F9E264C585 Page 95 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/15/2024 - 3/31/2024 City of Palm Desert Account Number 03/15/202402002307 BIO TOX LABORATORIESW1 FY 23/24 Blood and urine analy43904001104210 45533 370.50 03/15/202402002307 BIO TOX LABORATORIESW1 FY 23/24 Blood and urine analy43904001104210 45534 1,316.90 03/15/202402002308 BMW MOTORCYCLE OF RIVERSIDEW1 FY 23/24 Maintenance and repai43340001104210 6035290 851.17 03/15/202402002309 C A C E OW1 Webinar 3.6.24 P. Rodriguez43120001104422 200028706 60.00 03/15/202402002310 CALIFORNIA BUILDING OFFICIALSW1 Webinar Permit Techs 5/9/2443120001104421 17275 320.00 03/15/202402002310 CALIFORNIA BUILDING OFFICIALSW1 Webinar Permit Techs 6/5/2443120001104421 17276 320.00 03/15/202402002311 CASL INTERPRETINGW1 On-Call ASL Interpreter Servic43090001104114 1807651A 190.00 03/15/202402002312 CHARTER COMMUNICATIONSW1 MR24 73710 FW Parkview43696015104195 229561901030124 142.97 03/15/202402002313 CHRISTOPHER GERRYW1 Fall2023 Tuition Reimbursement43121011104154 CGERRY 12.29.23 1,869.00 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 iHUB CVWD (1/11 - 2/12)43950004254430 720041309104FB24 61.33 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 1052 CORPORATION YARD43510001104330 315177847704FB24 595.03 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 (A) 1057 City Hall43510001104340 315187847714FB24 249.43 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 (B) 1057 Portola CC43510001104344 315187847714FB24 398.07 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 248 RAC WELL RMT BY LAKE43510001104610 332429853174FB24 777.24 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 1093 CIVIC CENTER PARK43510001104610 315245847772FB24 3,080.01 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 1054 CITY PARKS43510001104611 315181847708FB24 1,278.55 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 10364 HOVLEY SOCCER PARK43510001104611 316695849222FB24 717.39 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 1051 ST MEDIANS "4"43510001104614 315175847702FB24 1,841.29 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 1055 ST MEDIANS "5"43510001104614 315183847710FB24 4,030.42 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 10528 Entrada /Eric Johnson43510001104614 317287849814FB24 318.99 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 1141 AQUATIC CENTER43510002424549 512541849896FB24 629.12 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 13 1050 Primrose II43510002734682 315173847700FB24 29.04 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 1 1050 Diamondback43510002754643 315173847700FB24 36.42 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 18 1050 Monterey Meadows43510002754680 315173847700FB24 47.69 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 17 1050 The Glen43510002754681 315173847700FB24 46.26 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 2 1050 Hovley Estates43510002754682 315173847700FB24 29.04 03/15/202402002314 COACHELLA VALLEY WATER DIST.W1 15 1050 Hovley Estates43510002754682 315173847700FB24 30.27 03/31/2024Report Date 4Page City and Housing DocuSign Envelope ID: 63906E8C-DAD5-4993-87CB-18F9E264C585 Page 96 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/15/2024 - 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3/31/2024 City of Palm Desert Account Number 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 (23) Presidents Plaza III (73143514002824373 700017585033FB24 82.88 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 (17) Portola Place (44221)43510002834374 700017585033FB24 15.41 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 (9) Kaufman/Broad (73502 FS)43510002854374 700017585033FB24 16.35 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 (16) Palm Desert CC (77925 Sta43510002994374 700017585033FB24 27.22 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 73710 FW Dr Ste 11643514005104195 700339417188MR24 105.14 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 73720 FW STE 100A43514005104195 700066496069MR24 881.68 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 72559 Hwy 111 Unit A43698005104195 700044643888FB24 781.74 03/15/202402002351 SOUTHERN CALIFORNIA EDISONW1 iHUB SCE (2/2 - 3/4)43950004254430 700423102627MR24 1,026.41 03/15/202402002352 T-MOBILE USA INCW1 Sheriff Tower Dump-T24011003743042001104210 9559945587 50.00 03/15/202402002353 TOWNSEND PUBLIC AFFAIRS INCW1 Grant Management Svcs 2/2443090001104159 21186 9,000.00 03/15/202402002353 TOWNSEND PUBLIC AFFAIRS INCW1 Grant Management Svcs 3/2443090001104159 21343 9,000.00 03/15/202402002354 UNIVERSITY OF CALIFORNIAW1 CPD Townhall Reservation Fee43093001104159 1522775 488.00 03/15/202402002355 WASHINGTON CHARTER SCHOOLW1 2 Crossing Grds - 08/23-12/2343092011104211 WC00000024 9,987.50 03/15/202402002356 WASHINGTON CHARTER SCHOOLW1 Quintanilla Wash. Chart. Gala43886001104800 GALA 3.16.24 95.00 03/15/202402002357 WITTMAN ENTERPRISES LLCW1 FEB24 Consultant Services43090002304220 24020547 16,836.00 03/15/202402002358 ZERO WASTE USAW1 DOG LITTER BAGS - PARKS42190001104611 593606 2,979.07 Examined and Approved Total For Bank ID - W1 894,847.86City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/31/2024Report Date 10Page City and Housing DocuSign Envelope ID: 63906E8C-DAD5-4993-87CB-18F9E264C585 Page 102 of 382 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2024 - 3/20/2024 City of Palm Desert Account Number 03/20/202400001504 Amazon Capital Services Inc.W1 Planning Com. Water Bottle43063001104111 1443L9QPJ7Y9 17.86 03/20/202402002359 QUINTANILLA, KARINAW1 Env. Policy 3.22.24 K. Quintan11501001100000 ADV MEI 3.22.24 111.00 03/20/202402002359 QUINTANILLA, KARINAW1 Env. Pol. 3.22.24 K. Quintanil11501001100000 ADV LDG 3.22.24 288.00 03/20/202402002359 QUINTANILLA, KARINAW1 Env. Pol. 3.22.24 K. Quintanil11501001100000 ADV MILE 3.22.24 180.90 03/20/202402002360 QUINTANILLA, KARINAW1 Env. Policy 3.22.24 K. Quintan11501001100000 ADV MEI 3.22.24 111.00 03/20/202402002360 QUINTANILLA, KARINAW1 Env. Pol. 3.22.24 K. Quintanil11501001100000 ADV LDG 3.22.24 288.00 Examined and Approved Total For Bank ID - W1 996.76City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/20/2024Report Date 1Page City and Housing DocuSign Envelope ID: 53B5E3CA-E860-4ADB-99E1-829853FD7833 Page 103 of 382 Page 104 of 382 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Michelle Nance, Deputy Clerk I REQUEST: ADOPTION OF ORDINANCE NO. 1409 A NOTICE OF EXEMPTION UNDER CEQA AND APPROVE CHANGE OF ZONE 24-0001 TO CHANGE ZONING DESIGNATION OF THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE FROM DOWNTOWN EDGE TRANSITION OVERLAY (DE-O) TO DOWNTOWN EDGE (DE) RECOMMENDATION: Adopt Ordinance No. 1409 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM DE-O TO DE FOR THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE (ASSESSOR’S PARCEL NUMBERS 627-153-018, AND 627-153-019) CASE NO. CZ24-0001” BACKGROUND/ANALYSIS: On March 14, 2024, the City Council unanimously introduced Ordinance No. 140 9 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENT: Ordinance No. 1409 Page 105 of 382 Page 106 of 382 ORDINANCE NO. 1409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM DE-O TO DE FOR THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE (ASSESSOR’S PARCEL NUMBERS 627-153-018, AND 627-153-019) CASE NO. CZ24-0001 WHEREAS, Linda C. Biggi (“Applicant”), submitted a request to change the zoning designation of a 1.46-acre property located at 73600 Alessandro Drive generally located at the northeast corner of San Carlos Avenue and Alessandro Drive in Palm Desert, which is comprised of two parcels also known as Assessor’s Parcel Numbers 627-153-018, and 627-153-019 (“Project site”) to Downtown Edge (DE); and WHEREAS, the Project site has a land use designation of City Center/Downtown per the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Downtown Edge Transition Overlay (DE -O); and WHEREAS, the Project site has been developed with existing improvements , which generally consist of a multi-tenant commercial building and related parking lot and landscaping; and WHEREAS, the Project site is adequately served by existing public utilities and services; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, under Palm Desert Municipal Code Chapter 25.02 establishes that the City Center/Downtown General Plan land use designation can be implemented by the DE zoning designation and therefore is consistent with the 2016 Palm Desert General Plan; and WHEREAS, the proposed Change of Zone will not render the existing improvements on the site or land uses nonconforming with any applicable Palm Desert Zoning Ordinance standards; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and th e City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Page 107 of 382 Ordinance No. 1409 Page 2 2 Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of February 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above -noted Project request and did adopt Resolution No. 2855 recommending approval to the Palm Desert City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of March 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons exist to justify approval of said request: WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption of Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance. SECTION 2. The Change of Zone is identified in “Exhibit A”. SECTION 3. General Plan Consistency. The City Council hereby finds that the proposed zone change to Downtown Edge (DE) for Assessor’s Parcel Numbers 627-153- 018 and 627-153-019 is consistent with the City of Palm Desert General Plan. SECTION 4. CEQA. The application has complied with the requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019 -41, in that the City Council finds that the Project is an exemption from CEQA per Section 15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a use that is not listed shall be deemed a conditional use . No direct, foreseeable impact on the environment can be identified at this time. SECTION 5. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Page 108 of 382 Ordinance No. 1409 Page 3 3 SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.to the Commission shall attest and certify to the passage and adoption thereof. ADOPTED ON ______________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. 1398 is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on March 14, 2024, and adopted at a regular meeting of the City Council held on _________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________________. ANTHONY J. MEJIA CITY CLERK Page 109 of 382 Ordinance No. 1409 Page 4 4 Page 110 of 382 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: APPROVE CHANGE ORDER NO. 3 INCREASING CONTRACT NO. C41880 WITH MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CALIFORNIA, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000 AND ADD MAINTENANCE SERVICES TO NON-LANDSCAPED AREAS (PROJECT NO. MLS00008) RECOMMENDATION: 1. Approve Change Order No. 3 to increase Contract No. C41880 with Mariposa Landscapes, Inc. of Irwindale, California, in an annual amount of $150,000 and add maintenance services to non-landscaped areas for a total annual contract amount of $661,408.56. 2. Increase irrigation, plant, and related extra work and services to an annual amount of $125,000. 3. Authorize the Finance Director to appropriate prorated funds in the amount of $75,000 from Unobligated General Fund to Account No. 1104310 -4332000, R/M Streets for Fiscal Year 2023/24. 4. Authorize the City Manager to approve change orders and amendments associated with this contract based on staff’s recommendations. 5. Authorize the City Manager or designee to execute said change order. BACKGROUND/ANALYSIS: On October 14, 2021, the City Council awarded Contract No. C41880 to Mariposa Landscapes, Inc., of Irwindale, California (Mariposa) for a term of 56 months. Contract No. C41880 is referred to as Landscape Maintenance Area No. 1 (LMA 1) and set to expire June 30, 2026. LMA 1 consists of maintaining citywide landscape medians and parkways throughout the City. The predominant activities include weed abatement, litter removal, pruning, raking, irrigation repairs. Due to recent rain events, there has been a proliferation of weeds throughout the city, including City Rights-of-Way and non-landscaped medians. Unchecked, unsightly weeds encroach into bike and vehicular travel lanes, so there has been an increase in calls related to nuisance sand and debris. These areas are normally maintained by City Street maintenance staff. High frequency maintenance activities include weed abatement, litter removal, pruning of encroaching plant material, illegal dumping removal, and sidewalk cleaning. In addition, Street staff perform time-sensitive activities such as, street and sidewalk repairs, Citywide special projects, catch basin and culvert cleaning, graffiti removal, and emergency and vehicle accident response. Page 111 of 382 City of Palm Desert Mariposa Landscapes, Inc. C41880 Change Order No. 3 Page 2 of 2 At times, when there are prolonged wind or rain events or other emergency calls, staff must prioritize work activities. Unfortunately, tasks such as litter removal and weed abatement are given a low priority. To sustain maintenance continuity, on March 5, 2024, staff requested an estimate from Mariposa to perform as needed weed abatement, litter removal, sidewalk cleaning, and other ancillary work on city-maintained Rights-of-Way, fallow medians, drainage channels, and areas historically maintained by City staff. The type of work needed is similar in scope to the work Mariposa is currently performing under their current agreement. The intent is to support staff during busy maintenance periods, giving them time to focus on priority tasks. Since Mariposa has performed their contractual obligations satisfactorily, Staff recommends approving Change Order No. 3 , which will ensure the City’s Rights-of-Way and other infrastructure are maintained at the highest level. Due to the increase in labor and materials costs, staff also requests to increase the irrigation, plant, and related extra work and services allowable annual amount from $100,000 to $125,000. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Contract No. C41880 funding for LMA 1 is budgeted in Landscape Medians Account Number 1104614-4337001, as follows: Action Date Account Number 2023/24 Budget 2023/24 Expenses Balance C41880 – Mariposa Landscape 10/14/21 1104614-4337001 $500,000.00 $483,828.00 Allowable Extra Work 10/14/21 1104614-4337001 $100,000.00 $100,000.00 CO#1 – CPI increase 07/01/22 1104614-4337001 $9,676.56 CO#2 – New Areas 10/24/23 1104614-4337001 $17,904.00 *CO#3 – Street Maint Svc 03/28/24 1104310-4332000 $75,000.00 *Add allowable extra work 03/28/24 1104614-4337001 $40.000.00 $25,000.00 Total $640,000.00 $711,408.56 ($71,408.56) Appropriation Requested $75,000.00 0 $75,000.00 Revised Total $715,000.00 $711,408.56 $3,591.44 *Current request Change Order No. 3 increases the annual contract amount by $150,000 specifically for street maintenance; however, no funds were included for this activity in Fiscal Year 2023-24. To immediately address unsightly areas and bring them up to City standards, staff requests appropriating a prorated amount of $75,000 to Account No. 1104310-4332000 for the remainder of the fiscal year. Funding for future years will be budgeted accordingly during each budget approval process. ATTACHMENTS: 1. Change Order 2. Mariposa Estimate Page 112 of 382 CITY OF PALM DESERT CONTRACT CHANGE ORDER Justification: Contract No / P.O. #: Change Order No.: Contingency: YES NO Account No.: Project No.: Vendor No.: Description of Changes Decrease In Contract Price Increase In Contract Price Totals: Net Change in Contract Price: Original Contract Amount: + Contingency: + Total Budget Amount: Less: Expend. / Encumb. To Date: - Less: This Change Order Amount: - Remaining for Project: Contingency: + Less: Prior Change Order(s): - Less: This Change Order: - Remaining of Contingency: __________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________ Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”). Contract Purpose: Contractor Name: C41880 P115894 3 4 1104310-4332000 MLS00008 V0012617 Landscape Maintenance Area No. 1 (LMA 1) Project Mariposa Landscapes, Inc. As-needed weed abatement, litter removal, sidewalk cleaning, and other ancillary work on City-maintained Rights-of-Way, fallow medians, drainage channels, and areas historically maintained by City staff $ 150,000.00 $ 0.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 The intent of this project is to support staff during busy maintenance periods, giving them time to focus on priority tasks. Since Mariposa has performed their contractual obligations satisfactorily, Staff recommends approving Change Order No. 3 which will ensure the City’s Rights-of-Way and other infrastructure are maintained to the highest level. $ 483,828.00 $ 0.00 $ 0.00$ 483,828.00 $ 511,408.56 -$ 177,580.56 $ 27,580.56 -$ 177,580.56 The amount of the contract will be increased by the sum of: One-Hundred and Fifty Thousand 00 $ 150,000.00 $ 661,408.56 Page 113 of 382 Continued from Front Contract No. _________ Contract Change Order No. ___ Contract Time Extension: __________________________ Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto. 1. REQUESTED BY: ______________________ Department Director 2. ACCEPTED BY: ______________________ Contractor 3. CERTIFIED FUNDS AVAILABLE ______________________ Finance Director 4. APPROVED BY: ______________________ City Manager NOTE: No payments will be made prior to City Manager or Council approval QC: _____ C41880 3 N/A Page 114 of 382 TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49 Our Core Values – Safety • Teamwork • Quality • Integrity March 5, 2024 Randy Chavez - Deputy Director of Public Works City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Phone: 760 776-6462 Email: Rchavez@palmdesert.gov RE: RATES FOR WEED ABATEMENT AND SPRAYING FOR THE CITY OF PALM DESERT RIGHT-AWAYS. Description Hourly Rate/Unit Cost Mark up Supervisor $75.00 Spray tech $70.00 Foreman $63.00 Laborer $43.00 Traffic Control Cost 15% Materials Cost 15% Equipment Rentals Cost 15% Dump Fees Cost 15% Note: Hourly Rates Includes Pickup Truck, Minor Traffic Control, and Hand Tools. Respectfully submitted, Luis Valenzuela – Landscape Maintenance Division Manager Mariposa Landscapes, Inc. luisv@mariposa-ca.com Cell: (626) 705-0622 Email: luisv@mariposa-ca.com Page 115 of 382 Page 116 of 382 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Thomas Soule, Public Affairs Manager REQUEST: AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES RECOMMENDATION: 1. Authorize an amendment to Contract No. A43790 with FG Creative for Palm Desert Aquatic Center marketing services to increase compensation in the amount of $7,700. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute said agreement on behalf of the City. BACKGROUND/ANALYSIS: The original Fiscal Year 2023-24 Palm Desert Aquatic Center (PDAC) budget of $40,000 was approved by the City Council on June 22, 2023. The contract for these services was awarded to FG Creative through a competitive bid process. As the City has become more directly involved with marketing the Aquatic Center, the City has requested that FG Creative provide additional services that were not incorporated into the original scope of work, including:  Conducting a SWOT Analysis exercise and creating a new marketing plan for the center.  Coordinating a photo shoot for new PDAC advertising collateral.  Redesigning the PDAC website using the new collateral. These additional services require that an additional $7,700 be added to the contract. FINANCIAL IMPACT: This request has no impact on the General Fund. Funds in the amount of $7,700 are available in the Marketing Prof-Other Account No. 1104417-4309000. ATTACHMENT: 1. A43790 – Amendment No. 2 PDAC 2. A43790 – Executed Amendment No. 1 Page 117 of 382 Page 118 of 382 Contract No. ___________ Page 1 of 5 Revised 08-2023 BBK 72500.00001\32445060.1 AMENDMENT NO. 2 TO THE TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, A43790 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE 1. Parties and Date. This Amendment No. 2 to the made and entered into as of this 28th day of March 2024, by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and FG Creative have entered into an agreement entitled “Professional Services Agreement for Marketing Services, No. A43790” dated July 1, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of retaining the services of Consultant to provide Marketing Services for the Palm Desert Aquatic Center. 2.2 Amendment. The City and FG Creative entered into Amendment No.1 to extend the term for an additional year performance period of July 1, 2023, to June 30, 2024.The Parties have heretofore entered into Amendment No. 1 dated July 1, 2023 2.3 Amendment. The City and FG Creative desire to amend the Agreement to update scope of services and increase compensation during the period of July 1, 2023 through June 30, 2024. 2.5 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.6.14 Amendment; Modification of the Agreement. 3. Terms. 3.1. Section Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty-Seven Thousand Seven Hundred Dollars and Zero Cents ($47,700.00) without written approval of the City Council or City Manager, as applicable. “Exhibit A and Exhibit C are hereby deleted in its entirety and replaced with Exhibit A-I and Exhibit C-1 attached hereto and incorporated herein by reference.” Page 119 of 382 Contract No. ___________ Page 2 of 5 Revised 08-2023 BBK 72500.00001\32445060.1 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 120 of 382 Contract No. ___________ Page 3 of 5 Revised 08-2023 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Marketing Services Agreement as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney FG CREATIVE, a Corporation By: Its: CEO Printed Name: By: Its: CFO Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Page 121 of 382 Contract No. ___________ Page 4 of 5 Revised 08-2023 BBK 72500.00001\32445060.1 EXHIBIT "A-I" SCOPE OF SERVICES  Brand Development/Update o Develop and Approve Marketing Plan & Budget based on SWOT Exercise conducted with key stakeholders. o Facilitate Photo Shoot to Create New PDAC Advertising Assets. o Design all brand elements = New Website and all Graphic Design o Ship graphics and assets as needed.  Earned Media o Meet with partners (COPD/CVB/Others) Develop Editorial Calendar. o Pitch story ideas/coordinate with media & staff. o Review social media efforts for synergy and shared success.  Advertising o Research and Select Mediums. o Negotiate and secure contracts.   Outdoor  Online Digital  Radio  Execute monthly efforts; Ship assets.  Manage all aspects:  o Placements o Billing o Budgets  Course Correction o Prepare reports, review analytics, discuss changes and effect course corrections as needed. Page 122 of 382 Contract No. ___________ Page 5 of 5 Revised 08-2023 BBK 72500.00001\32445060.1 EXHIBIT “C-I” COMPENSATION Account Services $9,400 SWOT Analysis & Marketing Plan $2,500 Public Relations $4,000 Outdoor Billboards $10,500 Radio $10,500 Brand Development/ Graphics $3,450 Website $6,600 Radio Campaign Development $750 Annual Total $47,700 Page 123 of 382 Page 124 of 382 Contract No. A43790 Page 1 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE 1. Parties and Date. This Amendment No. 1 to the FG Creative Professional Services Agreement for Marketing Services No. A43790 is made and entered into as of this First day of July 2023 by and between the City of Palm Desert (“City”) and FG Creative, a Corporation organized under the laws of California, with its principal place of business at 19725 Driscoll Rd, Desert Hot Springs, CA 92241 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Professional Services Agreement for Marketing Services Contract No. A43790” dated July 1, 2022 (“Agreement”) for the purpose of retaining the services of Consultant to provide Marketing Services for the Palm Desert Aquatic Center. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 of the Agreement. 3. Terms. 3.1 Scope of Services and Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: 3.1.2 Term. The term of this Agreement shall be from July 01, 2023, to June 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 1 additional one-year term based on budget approval. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. Exhibit A is hereby deleted in its entirety and replaced with Exhibit A attached hereto and incorporated herein by reference.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or DocuSign Envelope ID: 7BFFFB39-5559-4387-80E7-774B25A51250 Page 125 of 382 Contract No. A43790 Page 2 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together, shall constitute but one and the same instrument. SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 7BFFFB39-5559-4387-80E7-774B25A51250 Page 126 of 382 Contract No. A43790 Page 3 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Professional Marketing Services Agreement as of the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: BEST BEST & KRIEGER LLP CITY ATTORNEY FG CREATIVE By: STEPHANIE GREENE CEO QC: MN Insurance: Initial Review Final Approval DocuSign Envelope ID: 7BFFFB39-5559-4387-80E7-774B25A51250 Page 127 of 382 Contract No. A43790 Page 4 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT “A” COMPENSATION Account Services $7,200 Public Relations $4,000 Outdoor Billboards $10,500 Radio $10,500 Brand Development/Graphics $3,450 Website $3,600 Radio Campaign Development $750 Annual Total $40,000 DocuSign Envelope ID: 7BFFFB39-5559-4387-80E7-774B25A51250 Page 128 of 382 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: March 28, 2024 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of March 28, 2024 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 2b: STUDY SESSION: UPDATE ON ANIMAL SERVICES CONTRACT WITH RIVERSIDE COUNTY ANIMAL SERVICES Q1: Page 25. Is this for Palm Desert only? A1: Yes, these are the total number of animals (dogs, cats, birds, others) sheltered annually for the City of Palm Desert. Q2: Page 25. How is this calculated? Are these numbers only relative to the Thousand Palms location? A2: These numbers reflect the total number of dogs and cats, the overall number of days in the shelter, and the average. For example, from July – February of this fiscal year, there were a total of 145 dogs & cats sheltered for 670 days, with an average of 5 sheltered days per animal. Our contract stipulates that animals shall be housed at the Coachella Valley Animal Campus in Thousand Palms. The County does have the discretion to take animals to other county f acilities at their discretion e.g. no capacity at the time etc. Q3: Does the City pay per animal that is taken in, or does the City pay for euthanasia fees? A3: The City pays a daily sheltering rate of $34.10 per day plus a $10.44 charge per impound for each dog or cat. There are no additional costs for euthanasia fees, or spaying/neutering a stray before they are adopted. Q4: Page 31. Has there been any interest from the community in having these again (mobile clinic)? How were they advertised? A4: Staff is not aware of any interest from the community in hosting mobile clinics. In 2013, when the last mobile clinic was held it was advertised at the Shelter, in Brightside, and flyers at City Hall. Page 129 of 382 03/28/2024 Question & Answer Memo Page 2 of 4 ITEM 13e: AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES Q1: What is the breakdown of their justification to increase account services by nearly $2000? A1: With the renegotiation of the operational contract with the YMCA, greater emphasis has been placed on marketing the Aquatic Center. The enhanced scope of work required more hours over the second quarter of the year, which correlates to a higher fee for account services. Q2: How many billboards is the City getting for $10,500? What is the ROI on billboards? A2: Billboards are useful for brand-building and reaching new audiences with information about the Aquatic Center. They are part of the previously approved PDAC budget, and placement has been spread out over the fiscal year as part of Lamar's digital billboard program. This program provides tremendous flexibility in messaging and placement, when compared to a traditional static billboard that would have one location and one message for the duration of the contract. Q3: Where will they be placed? A3: These digital billboards are placed in 10 locations around the valley, and the PDAC slot rotates from board to board, allowing the messaging to be seen in multiple locations. Q4: What website enhancements are they planning to implement for a $3,000 increase? A4: This fee is for a complete website redesign, including new photography, an updated, more user- friendly design, new programming, and reservation portals. ITEM 13f: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES Q1: What services are listed in the original contract with FG Creative, C43370? A1: Below is the scope of services outlined in Contract C43370: • Develop an annual budget that includes a comprehensive, strategic and diversified media plan and account management that promotes El Paseo to its target audience, in accordance with direction provided by the Board. This media plan should demonstrate maximum efficiency of spend and a clear ability to measure return on investment (ROI).  Negotiate, schedule, and maintain media buys in accordance with the approved media plan. Please note that all buys performed on behalf of the EPPBID must be billed at net amounts.  Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials.  Develop and implement a monthly merchant outreach program.  Attend and present pertinent updates at the monthly EPPBID Board meetings.  Evaluate all media proposals submitted to the Board and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the Board.  Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work.  Submit detailed invoices to include the projects and services worked on or completed with supporting documentation for the previous month's activities.  Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan and all outbound marketing. To include but not limited to: digital, print, radio and collateral material, and other elements, as mandated by the media plan. Page 130 of 382 03/28/2024 Question & Answer Memo Page 3 of 4  Create a strategic Social Media Plan and manage all aspects of the EPPBID social media channels, including but not limited to Facebook, Instagram, and Twitter. • Organize and manage two Merchant meetings per year if viable (Pre-Season and Post-Season). • Manage Public Relations efforts as needed on behalf of the EPPBID.  Agency shall represent EPPBID's voice and vision when working with media partners, in the best interest of the “El Paseo" brand. Q2: How often has EPPBID had to tap into their reserves in the last 6 years? A2: Fortunately, staff is not aware of any time the EPPBID has had to tap into its reserves to cover a budget shortfall. Because EPPBID funds fluctuate depending on revenues collected from members of the district, the board's first pass at its annual budget is always conservative, based on an average of the previous six years' revenue. As the actual revenues accrue, the board then revisits marketing priorities based on actual funds available in excess of its reserves and makes a mid-year budget adjustment. This careful approach allows the board to maintain good stewardship over its constantly fluctuating and unpredictable resources. Q3: How much was taken from the reserve in 2020? A3: When the pandemic hit in early 2020, the EPPBID Board drastically cut its budget to conserve funds in light of a projected drastic drop in revenue. As it turned out, sales of luxury goods were especially strong during the pandemic, so the district finished the year with more funds than anticipated, and the board did not have to tap into its reserves. Q4: What are the merchant relations that need to be enhanced? A4: The Board has prioritized merchant relations over the past several years to achieve its goals of supporting small store owners while ensuring that it is representing its members well. The results were positive in terms of having an engaged and active membership. For FY 2023-2024, the board reluctantly reduced the budget spent on merchant relations in order to address other marketing priorities. When deciding on how to apply a mid-year budget adjustment this year, the board voted to bring that line item back up to what it has been in past fiscal years. Q5: Will merchant relations be uniform from Highway 74 to Portola? A5: Yes, the monthly report highlights that an equal amount of time is spent on each block of the district. Q6: What enhancements are going to be made? A6: The budget increase allows for more one-on-one marketing meetings, more store visits, and greater support during the summer months. ITEM 13k: APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027) Q1: Won't it make more sense to request this work after a decision is made about the new library site? Might the available footprint be a significant variable in the design work? A1: The Architect’s scope of work for Conceptual Design Services will be required regardless of site location. The anticipated building program is approximately 20,000 to 25,000 SF. All sites currently being considered will support the required footprint. Funds for other preconstruction services and architect contingency identified in the Staff Report will be utilized to analyze the other sites. Page 131 of 382 03/28/2024 Question & Answer Memo Page 4 of 4 ITEM 14d: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM Q1: If there is a desire to maintain a seniority-based rotation for the position of Mayor and Mayor Pro Tem, may ties be broken by mutual agreement? Are there any rules which can be imposed that if a member declines service it does not result in a disruption to the normal rotation? A1: Yes, if the City Council prefers a seniority-based rotation it is permissible to allow ties to be broken by mutual agreement. Under this rule, if two or more members are tied, they may come to a mutual agreement on the sequence of who will serve as Mayor Pro Tem. If mutual agreement is not reached, it is recommended that ties be broken by lot (such as a coin toss, drawing straws, or high card from a standard deck). Under the current resolution, if a member declines service as Mayor Pro Tem ther e is no mechanism to reset the member’s seniority since last serving as Mayor, if ever. This results in the member who declined maintaining their seniority and having preference to serve as Mayor Pro Tem in future years. A rule may be imposed that if a member declines to serve, then that member’s future placement in the rotation will be as if they served in the year for which service is waived. Furthermore, it is recommended that the priority be based on “the longest continuous service since last serving as Mayor or Mayor Pro Tem, if ever.” This will ensure that a member who served as Mayor Pro Tem but declines service as Mayor will have their seniority reset. Page 132 of 382 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Thomas Soule, Public Affairs Manager REQUEST: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES RECOMMENDATION: 1. Authorize an amendment to Contract C43370 with FG Creative in the amount of $15,000. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute said agreement on behalf of the City. BACKGROUND/ANALYSIS: The original Fiscal Year 2023-24 El Paseo Parking & Business Improvement District (EPPBID) budget of $250,000 was approved by the City Council on June 22, 2023. This budget was based on historical revenues for the district, averaged over the past six years, excluding 2020. The district typically maintains a reserve of $80,000 to provide a financial cushion in light of uncertain revenues. Currently, the EPPBID fund has a cash balance of approximately $120,000, so at its regular meeting on February 16, 2024, the Board approved moving $15,000 out of its cash reserves to help support its FY 2024 marketing goals by adding Out of Home advertising and enhancing merchant relations. Legal Review: This report has been reviewed by the City Attorney’s office. Appointed Body Recommendation: At its regular meeting on February 16, 2024, the EPPBID Board unanimously voted to adopt a mid-year budget adjustment of $15,000 to enhance its marketing plan. FINANCIAL IMPACT: This request has no impact on the General Fund. Funds in the amount of $15,000 are available in EPPBID Account No. 2714491-4321500. ATTACHMENT: 1. Amendment No. 3 to Agreement C43370 - FG Creative Page 133 of 382 Page 134 of 382 Contract No. C43370 Page 1 of 3 Revised 08-2023 BBK 72500.00001\32445060.1 AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, C43370 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE 1.Parties and Date. This Amendment No. 3 to the made and entered into as of this 28th day of March 2024, by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and FG Creative have entered into an agreement entitled “Professional Consultant Services Agreement for Marketing Services” dated June 23, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of FG Creative to provide Marketing Services. 2.2 Amendment. The City and FG Creative entered into that Amendment No. 1 to increase compensation during the period of July 1, 2022 through June 30, 2023. The Parties have heretofore entered into Amendment No. 1 dated May 11, 2023 2.3 Amendment. The City and FG Creative entered into Amendment 2. to establish compensation for the second year of the contract, July 1, 2023 through June 30, 2024. The Parties have heretofore entered into Amendment No. 2 dated August 24, 2023. 2.4 Amendment. The City and FG Creative desire to amend the Agreement to increase compensation for second year of contract, July 1, 2023 through June 30, 2024. 2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.9(N) Amendment; Modification of the Agreement. 3. Terms. 3.1 Section 3.6.A Compensation. Section 3.6.A of the Agreement is hereby amended in its entirety to read as follows: "NOW, THEREFORE, the Parties agree to amend the Contract as follows:" Section 3.6.A Compensation shall be amended to read: “Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Sixty-Five Thousand Dollars ($265,000.00) without written approval of the City Council or City Manager, as applicable.” Page 135 of 382 Contract No. C43370 Page 2 of 3 Revised 08-2023 BBK 72500.00001\32445060.1 3.2 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached hereto and incorporated herein by reference. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3. 3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 136 of 382 Contract No. C43370 Page 3 of 3 Revised 08-2023 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Consultant Services Agreement for Marketing Services as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney FG CREATIVE, a Corporation By: Its: CEO Printed Name: By: Its: CFO Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Page 137 of 382 Page 138 of 382 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: March 28, 2024 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of March 28, 2024 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 2b: STUDY SESSION: UPDATE ON ANIMAL SERVICES CONTRACT WITH RIVERSIDE COUNTY ANIMAL SERVICES Q1: Page 25. Is this for Palm Desert only? A1: Yes, these are the total number of animals (dogs, cats, birds, others) sheltered annually for the City of Palm Desert. Q2: Page 25. How is this calculated? Are these numbers only relative to the Thousand Palms location? A2: These numbers reflect the total number of dogs and cats, the overall number of days in the shelter, and the average. For example, from July – February of this fiscal year, there were a total of 145 dogs & cats sheltered for 670 days, with an average of 5 sheltered days per animal. Our contract stipulates that animals shall be housed at the Coachella Valley Animal Campus in Thousand Palms. The County does have the discretion to take animals to other county f acilities at their discretion e.g. no capacity at the time etc. Q3: Does the City pay per animal that is taken in, or does the City pay for euthanasia fees? A3: The City pays a daily sheltering rate of $34.10 per day plus a $10.44 charge per impound for each dog or cat. There are no additional costs for euthanasia fees, or spaying/neutering a stray before they are adopted. Q4: Page 31. Has there been any interest from the community in having these again (mobile clinic)? How were they advertised? A4: Staff is not aware of any interest from the community in hosting mobile clinics. In 2013, when the last mobile clinic was held it was advertised at the Shelter, in Brightside, and flyers at City Hall. Page 139 of 382 03/28/2024 Question & Answer Memo Page 2 of 4 ITEM 13e: AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES Q1: What is the breakdown of their justification to increase account services by nearly $2000? A1: With the renegotiation of the operational contract with the YMCA, greater emphasis has been placed on marketing the Aquatic Center. The enhanced scope of work required more hours over the second quarter of the year, which correlates to a higher fee for account services. Q2: How many billboards is the City getting for $10,500? What is the ROI on billboards? A2: Billboards are useful for brand-building and reaching new audiences with information about the Aquatic Center. They are part of the previously approved PDAC budget, and placement has been spread out over the fiscal year as part of Lamar's digital billboard program. This program provides tremendous flexibility in messaging and placement, when compared to a traditional static billboard that would have one location and one message for the duration of the contract. Q3: Where will they be placed? A3: These digital billboards are placed in 10 locations around the valley, and the PDAC slot rotates from board to board, allowing the messaging to be seen in multiple locations. Q4: What website enhancements are they planning to implement for a $3,000 increase? A4: This fee is for a complete website redesign, including new photography, an updated, more user- friendly design, new programming, and reservation portals. ITEM 13f: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES Q1: What services are listed in the original contract with FG Creative, C43370? A1: Below is the scope of services outlined in Contract C43370: • Develop an annual budget that includes a comprehensive, strategic and diversified media plan and account management that promotes El Paseo to its target audience, in accordance with direction provided by the Board. This media plan should demonstrate maximum efficiency of spend and a clear ability to measure return on investment (ROI).  Negotiate, schedule, and maintain media buys in accordance with the approved media plan. Please note that all buys performed on behalf of the EPPBID must be billed at net amounts.  Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials.  Develop and implement a monthly merchant outreach program.  Attend and present pertinent updates at the monthly EPPBID Board meetings.  Evaluate all media proposals submitted to the Board and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the Board.  Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work.  Submit detailed invoices to include the projects and services worked on or completed with supporting documentation for the previous month's activities.  Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan and all outbound marketing. To include but not limited to: digital, print, radio and collateral material, and other elements, as mandated by the media plan. Page 140 of 382 03/28/2024 Question & Answer Memo Page 3 of 4  Create a strategic Social Media Plan and manage all aspects of the EPPBID social media channels, including but not limited to Facebook, Instagram, and Twitter. • Organize and manage two Merchant meetings per year if viable (Pre-Season and Post-Season). • Manage Public Relations efforts as needed on behalf of the EPPBID.  Agency shall represent EPPBID's voice and vision when working with media partners, in the best interest of the “El Paseo" brand. Q2: How often has EPPBID had to tap into their reserves in the last 6 years? A2: Fortunately, staff is not aware of any time the EPPBID has had to tap into its reserves to cover a budget shortfall. Because EPPBID funds fluctuate depending on revenues collected from members of the district, the board's first pass at its annual budget is always conservative, based on an average of the previous six years' revenue. As the actual revenues accrue, the board then revisits marketing priorities based on actual funds available in excess of its reserves and makes a mid-year budget adjustment. This careful approach allows the board to maintain good stewardship over its constantly fluctuating and unpredictable resources. Q3: How much was taken from the reserve in 2020? A3: When the pandemic hit in early 2020, the EPPBID Board drastically cut its budget to conserve funds in light of a projected drastic drop in revenue. As it turned out, sales of luxury goods were especially strong during the pandemic, so the district finished the year with more funds than anticipated, and the board did not have to tap into its reserves. Q4: What are the merchant relations that need to be enhanced? A4: The Board has prioritized merchant relations over the past several years to achieve its goals of supporting small store owners while ensuring that it is representing its members well. The results were positive in terms of having an engaged and active membership. For FY 2023-2024, the board reluctantly reduced the budget spent on merchant relations in order to address other marketing priorities. When deciding on how to apply a mid-year budget adjustment this year, the board voted to bring that line item back up to what it has been in past fiscal years. Q5: Will merchant relations be uniform from Highway 74 to Portola? A5: Yes, the monthly report highlights that an equal amount of time is spent on each block of the district. Q6: What enhancements are going to be made? A6: The budget increase allows for more one-on-one marketing meetings, more store visits, and greater support during the summer months. ITEM 13k: APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027) Q1: Won't it make more sense to request this work after a decision is made about the new library site? Might the available footprint be a significant variable in the design work? A1: The Architect’s scope of work for Conceptual Design Services will be required regardless of site location. The anticipated building program is approximately 20,000 to 25,000 SF. All sites currently being considered will support the required footprint. Funds for other preconstruction services and architect contingency identified in the Staff Report will be utilized to analyze the other sites. Page 141 of 382 03/28/2024 Question & Answer Memo Page 4 of 4 ITEM 14d: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM Q1: If there is a desire to maintain a seniority-based rotation for the position of Mayor and Mayor Pro Tem, may ties be broken by mutual agreement? Are there any rules which can be imposed that if a member declines service it does not result in a disruption to the normal rotation? A1: Yes, if the City Council prefers a seniority-based rotation it is permissible to allow ties to be broken by mutual agreement. Under this rule, if two or more members are tied, they may come to a mutual agreement on the sequence of who will serve as Mayor Pro Tem. If mutual agreement is not reached, it is recommended that ties be broken by lot (such as a coin toss, drawing straws, or high card from a standard deck). Under the current resolution, if a member declines service as Mayor Pro Tem ther e is no mechanism to reset the member’s seniority since last serving as Mayor, if ever. This results in the member who declined maintaining their seniority and having preference to serve as Mayor Pro Tem in future years. A rule may be imposed that if a member declines to serve, then that member’s future placement in the rotation will be as if they served in the year for which service is waived. Furthermore, it is recommended that the priority be based on “the longest continuous service since last serving as Mayor or Mayor Pro Tem, if ever.” This will ensure that a member who served as Mayor Pro Tem but declines service as Mayor will have their seniority reset. Page 142 of 382 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Erica Powell, Management Analyst REQUEST: APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25 WORK PLAN RECOMMENDATION: Approve the Cultural Arts Committee’s Fiscal Year 2024/25 Work Plan. BACKGROUND/ANALYSIS: On February 14, 2024, the Cultural Arts Committee (CAC) established the following priorities for the FY 2024/25 Work Plan.  2025/26 El Paseo Sculpture Exhibition - Located in the median on El Paseo between Hwy 74 and Portola, eighteen (18) sculptures are displayed for two (2) years. A $5,000 honorarium is awarded to each artist. One (1) year preparation from the Call for Entries to Installation. From July 2024 to early 2025, staff will be working with the new artists on contracting and plans for installation, as well as the current artists on plans for deinstallation and pick up of sculptures.  San Pablo Phase II Roundabout Sculpture: Dueling Palms by Kyle Absolom - After the Call for Entries was released in early 2021 for a sculpture to be installed in the roundabout at San Pablo Avenue and San Gorgonio Way, the top two (2) finalists were selected by the City Council and the community voted on their favorite. The runner up, Dueling Palms by Kyle Absolom, was so well received by the community that the Cultural Arts Committee and the City Council suggested it be considered for installation in the San Pablo Phase II roundabout located at the entrance of the Civic Center and College of the Desert. Staff will bring this forward for review in the next few months and if approved, work will commence in FY 2024/2025.  2025 Desert X Sponsorship – Desert X is an internationally renowned contemporary art exhibition that runs biannually each spring throughout the Coachella Valley. Since its inception in 2017, the City has provided sponsorship funding and hosted at least two exhibition sites for each Desert X exhibition. Funds are normally used towards exhib ition support and the creation of free public programming. This exhibition engages the local community and has worked to develop educational programming for the local school districts. If funding for the 2025 exhibition is approved, staff will work with th e organizer on a sponsorship agreement and permitting for at least two (2) exhibition sites. Page 143 of 382 City of Palm Desert Approve CAC FY 2024/2025 Work Plan Page 2 of 2 Strategic Plan: The Cultural Arts Committee’s FY 2024/25 Work Plan is in line with the Arts & Culture Mini- Vision contained in the Strategic Plan, which states: “Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts and education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills. FINANCIAL IMPACT: Funding for the priorities listed in the CAC’s FY 2024/25 Work Plan will be included in the FY 2024/25 Public Art Budget for the City Council’s consideration. ATTACHMENT: 1. CAC Priorities FY 2024/2025 – Power Point Presentation Page 144 of 382 2024/2025 WORKPLAN GOALS Palm Desert Cultural Arts Committee February 14, 2024 –Regular Meeting Page 145 of 382 BACKGROUND –WHY ARE WE HERE? •Receive Committee Input and Direction pertaining to goals and priorities for the Fiscal Year 2024/2025 •Select three (3) priorities as a Committee •Present items in the form of a workplan to Council for approval 2024/2025 WORKPLAN GOALS 2Page 146 of 382 CULTURAL ARTS COMMITTEE PRIORITIES Ranking Priority Justification 1 El Paseo Sculpture Exhibition •The exhibition is in the central shopping district and receives frequent foot traffic. •Exhibition adds elegance and style to El Paseo. 2 San Pablo Roundabout Phase II – Dueling Palms •Received community’s involvement and support of the City Council. 3 Desert X •Participate in an internationally recognized contemporary art exhibition in associated with the other communities in the Coachella Valley. •The exhibition puts Palm Desert on the map as a significant art and cultural destination. •Attracts locals and tourists. 4 Temporary Installation at the southeast corner of Fred Waring and San Pablo Ave •Highly visible location. 5 Community Art Gallery, establish new location and action plan 2024/2025 WORKPLAN GOALS 3Page 147 of 382 DISCUSSION 2024/2025 WORKPLAN GOALS 4 •Select three (3) top priorities Page 148 of 382 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Martin Alvarez, Director of Public Works REQUEST: APPROVE A FINAL SETTLEMENT AGREEMENT WITH THE MILLENNIUM PALM DESERT HOMEOWNERS’ ASSOCIATION (GENESIS HOA) TO INSTALL PERIMETER LANDSCAPING AS REQUIRED IN THE ORIGINAL SUBDIVISION LANDSCAPE PLAN RECOMMENDATION: 1. Approve a final settlement agreement with the Millennium Palm Desert HOA for a one-time reimbursement of the installation of 33 perimeter trees in an amount not to exceed $20,265. 2. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any docu ments necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: The Genesis subdivision, approved in 2015, is located at the northwest corner of Gerald Ford Avenue and Dinah Shore Dr. and has a frontage on Portola Avenue. As part of the sub division’s conditions of approval, the perimeter landscape along Gerald Ford Drive, Portola Road, and Dinah Shore Drive was required to be installed by the developer prior to final release of the maintenance to the Genesis HOA. Prior to final approval of t he subdivision’s improvements including streets, curbs, gutters, and perimeter landscaping, the City was required to inspect all improvements. Due to the City’s oversight, the improvements apart from the perimeter landscaping were inspected per the approved plans. The HOA recently contacted the City and identified that 33 trees were not installed per the approved City landscape plan. Following a thorough staff review and inspection of the site, our Development Services Department confirmed that the perimeter landscaping was not installed per plan and confirmed the missing trees. The developer completed all other required infrastructure improvements, and the City released the performance and improvement bonds. The City has worked with the HOA to identify a final settlement agreement to cover the cost of 33 (24” Box) trees that were omitted from the approved landscape plan. The agreement includes a one-time reimbursement in an amount not to exceed $20,265 for the installation of the trees and associated irrigation. The final agreement also releases the City of any future liability, maintenance, and condition of the trees and/or perimeter landscape. The HOA procured three bids from qualified vendors and the lowest bid was in the amount of $20,265. Therefore, staff recommends approval of the final settlement agreement. New procedures have been developed to ensure the inspection of perimeter subdivision landscaping for all subdivisions from this point forward. Page 149 of 382 City of Palm Desert Authorize Settlement Agreement with Millennium HOA Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: This recommendation aligns with the Land Use, Housing & Open Space – Priority 1: Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses. FINANCIAL IMPACT: Funds for the one-time reimbursement under this final agreement are available in General Services Account No. 1104159-4309300, so there is no additional financial impact to the general fund. ATTACHMENTS: 1. Settlement Agreement Page 150 of 382 72500.00001\42096514.2 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT is made and entered into this _____________ (“Effective Date”) by and between the City of Palm Desert, California charter city (“City”) and Millennium Palm Desert HOA, Inc. dba Genesis, a California nonprofit mutual benefit common interest development corporation (“HOA”). City and HOA are sometimes referred to herein individually as “Party” and collectively as “Parties.” RECITALS WHEREAS, on March 12, 2015, the City Council approved certain development entitlements for The Millennium Palm Desert project located on 152 acres bounded by Gerald Ford Drive to the south, Union Pacific Railroad to the north, Portola Avenue to the west, a nd Technology Drive to the east (“Project”); WHEREAS, City Council Resolution No. 2015-15 required the Project applicant to submit landscape plans for the installation of tree plantings and irrigation improvements along Project’s north boundary; WHEREAS, the City approved the Project’s final landscape plans on February 24, 2016 (“Landscape Plans”); WHEREAS, following turnover from the Project applicant, HOA has operated as a governing body for the development, providing management, maintenance, and regulatory functions for the residents and property owners within the development; WHEREAS, upon inspection, City and HOA have discovered that thirty three (33) trees designated in the original Landscape Plans were omitted from the Project, as indicated in Exhibit “A” attached hereto and incorporated herewith (“Landscape Plans – Omitted Tree Locations”). WHEREAS, the City wishes to reimburse HOA for the thirty three (33) trees and related installation costs (“Landscape Improvements”) pursuant to the terms of this Agreement. Nothing else shall be considered a Landscape Improvement for the purposes of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated in this Agreement as if set forth herein in full, and the Parties agree as to the accuracy of same. 2. City’s Obligations. 2.1 City agrees to reimburse HOA for the cost and installation of the Landscape Improvements up to a maximum amount of Twenty Thousand Two Hundred Sixty Five Dollars ($20,265) (“Reimbursement Amount”) pursuant to Section 4 of this Agreement. Use of the Reimbursement Amount shall be limited to the cost of purchasing, planting, and installing the Page 151 of 382 72500.00001\42096514.2 trees, including related irrigation and equipment. A proposal obtained by City from Vintage Landscape Inc. for the Landscape Improvements is attached hereto as Exhibit “B” for reference purposes only. 2.2 Upon installation of the Landscape Improvements, City shall participate with HOA in a joint field inspection of the Landscape Improvements. 3. HOA’s Obligations. 3.1 HOA shall work with a licensed landscape contractor to ensure that the Landscape Improvements are installed in a workmanlike manner according to standard industry practices and in conformance with Exhibit “A” Landscape Plans – Omitted Tree Locations.” 3.2 Upon installation of the Landscape Improvements, HOA shall participate with City in a joint field inspection of the Landscape Improvements. 3.3 Following the inspection, HOA shall inform City in writing of acceptance of Landscape Improvements and invoice City in accordance with Section 4, below. 4. Reimbursement. City agrees to reimburse HOA for the Landscape Improvements in the following specified manner: 4.1 Following the joint inspection and HOA’s written acceptance of the Landscape Improvements, HOA shall submit to City an itemized invoice of an amount not to exceed the One- Time Reimbursement Amount for the actual cost of the Landscape Improvements. 4.2 Upon receipt of the invoice, City agrees to pay the reasonable invoiced amount not to exceed the One-Time Reimbursement Amount within thirty (30) calendar days from the date that the City receives the invoice. 4.3 Following reimbursement by City pursuant to this Section, City shall have no additional or continuing obligations under this Agreement. 5. Maintenance. Following the installation of the Landscape Improvements, HOA, to the extent otherwise responsible, shall be responsible for maintaining the Landscape Improvements, including maintenance and operation of any irrigation system, and payment of all electric and water charges in connection therewith. City shall have no maintenance obligations under this Agreement. 6. Ownership. Upon installation, to the extent otherwise required, the Landscape Improvements shall become part of the common elements of the subdivision and shall be under the ownership and control of the HOA. 7. Term and Termination. The term of this Agreement shall begin on the Effective Date and shall remain in effect until the Landscape Improvements have been completed and City has reimbursed HOA as provided in Section 4 of this Agreement (“Term”). HOA’s maintenance obligations in Section 5 and the Parties’ indemnity obligations in Section 8 shall survive the expiration of the Term. Page 152 of 382 72500.00001\42096514.2 8. Mutual Releases. In further consideration of this Agreement and in recognition of the benefits to be derived therefrom, the Parties, and each of them, on behalf of themselves, and their owners, predecessors, successors, heirs, executors, administrators, assigns, agents, directors, officers, partners, joint ventures, board members, elected and appointed officials, employees, representatives, insurance companies and/or lawyers, and all persons acting by, through, under, or in concert with them or any of them, past and present do hereby release, and fully and finally and forever, discharge each of the other Parties, including each Party’s owners, predecessors, successors, heirs, executors, administrators, assigns, agents, directors, officers, partners, joint ventures, board members, elected and appointed officials, employees, representatives, insurance companies and/or lawyers, and all persons acting by, through, under, or in concert with them or any of them, past and present (hereinafter collectively called “Additional Releasees”) of and from any and all manner of actions or causes of action, in law or in equity, suits, debts, liens, liabilities, claims, demands, and damages of any nature whatsoever, known or unknown, fixed or contingent (hereinafter called “Claims”), including, without limitations, Claims which HOA now has or may in the future have against City and/or the Additional Releasees as alleged in or arising out of, or which could have been raised in, or related to the Landscape Plans, or the rights and obligations under this Agreement. 9. Civil Code section 1542 Release. The Parties, and each of them, intend that this Agreement shall be a full and final settlement of and bar to any and all claims and/or causes of action arising between and/or among them. In connection with the release made herein, the Parties acknowledge that they may hereafter discover facts different from or in addition to th e facts which they may know or believe to be true with respect to the Project, Project inspections, the Landscape Plans, and/or released Claims, but that they intend to fully and forever settle all disputes by and between them and Additional Releasees. In furtherance of such intention, the release given herein shall be and remain in effect as a full and complete mutual release, notwithstanding discovery of any such different or additional facts. Therefore, the Parties, and each of them, acknowledge that they have been informed of and are familiar with the provisions of Civil Code section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The Parties, and each of them, hereby waive and relinquish all rights and benefits under Civil Code section 1542 to the full extent that they may lawfully waive all such rights and benefits pertaining to the released Claims. 10. Denial of Liability. Each Party expressly denies any wrongdoing in connection with the actions or inactions related to the Project, Project inspections, and Landscape Plans. Neither this Agreement nor any action taken pursuant to this Agreement shall constitute any admission of any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, or any admission by and of the Parties, or any of them, of any claim or allegations made in any action Page 153 of 382 72500.00001\42096514.2 against any Party. This Agreement is entered into, in substantial part, to avoid any future risk of disagreement or litigation between the Parties. 11. No Assignment of Claim. The Parties, and each of them, represent and warrant that they have not sold, assigned or transferred, or purported to sell, assign or transfer, and shall not hereafter sell, assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, actions, or causes of action released pursuant to this Agreement. 12. Mutual Indemnification. 12.1 During the performance of this Agreement, the HOA agrees to indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, agents, employees, and volunteers from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including attorney fees, arising out of or resulting from the willful misconduct or negligent acts, errors, or omissions of the HOA, its board members, agents, volunteers, employees, or contractors, in connection with the performance or non-performance this Agreement, except to the extent such liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses are attributable to the negligence or willful misconduct of the City. 12.2 During the performance of this Agreement, the City agrees to indemnify, defend, and hold harmless the HOA, its officers, board members, committee members, employees, agents, and volunteers from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including attorney fees, arising out of or resulting from the willful misconduct or negligent acts, errors, or omissions of the City, its elected and appointed officials, officers, employees, agents, or volunteers, in connection with the performance or non-performance of this Agreement, except to the extent such liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses are attributable to the negligence or willful misconduct of the HOA. 12.3 Promptly after receipt of notice of any claim or legal proceeding related to this Agreement, the indemnified party shall give the indemnifying party written notice of the claim or proceeding. The indemnifying party shall have the right to assume and control the defense of any such claim or legal proceeding at its own expense and through counsel of its own selection; however, the indemnified party shall have the right to participate in such defense at its own cost. 12.4 No party may settle any action or claims on the other’s behalf without first obtaining the written consent of the other party, which shall not be unreasonably withheld or delayed. 12.5 Each party agrees to maintain sufficient insurance coverage to fulfill its indemnification obligations under this Section. The limits of said insurance shall not, however, limit the indemnification obligations contained in this Section. 12.6 The indemnification obligations under this Section shall survive the termination or expiration of this Agreement. 13. Miscellaneous. 13.1 Notice. Any notice or other communication to be given to any part pursuant to this Agreement shall be given by delivering same in writing to the Parties at the addresses set forth below: Page 154 of 382 72500.00001\42096514.2 To City: City of Palm Desert 73-510 Fred Waring Dr., Palm Desert, CA 92260 Attn: Todd Hileman, City Manager To HOA: Millennium Palm Desert HOA, Inc. dba Genesis 36945 Cook Street, Ste. 104, Palm Desert, CA 92260 Attn: Seabreeze Management Such notice shall be deemed given when deposited into the United States mail, postage prepaid, addressed to the Parties at the addresses above. Nothing shall preclude the giving of personal service notice. 13.2 Entire Agreement. This Agreement constitutes the entire understanding and sole agreement between the Parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, between the Parties. 13.3 Amendment. This Agreement may only be amended by an instrument in writing signed by both Parties. 13.4 Governing Law and Venue. This Agreement shall be governed by the laws of the state of California. The Parties hereby agree that venue for any action brought to enforce the terms of this Agreement shall be in a court of competent jurisdiction in the County of Riverside, California and consent to the jurisdiction thereof. 13.5 No Partnership. This Agreement shall not be construed as creating a partnership or joint venture between City and HOA or between either of them and any third party or cause either of them to be responsible in any manner for the others’ or any third party’s debts or obligations. 13.6 Assignment. HOA may not assign this Agreement or any right or duty hereunder to any entity without the express prior written approval of the City. 13.7 Construction of Agreement. This Agreement shall be construed without regard to the identity of the person who drafted it. The Parties agree that any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 13.8 Authority. City and HOA represent and warrant that they have the authority to execute and enter into this Agreement without the need to obtain any other approvals prior to or subsequent to the execution of this Agreement. 13.9 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Agreement and the other provisions shall remain in full force and effect. Page 155 of 382 72500.00001\42096514.2 13.10 Counterparts. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective date written above. CITY OF PALM DESERT DATE:______________________ BY:____________________________ Todd Hileman City Manager ATTEST:______________________________ MILLENNIUM PALM DESERT HOA, INC. DBA GENESIS DATE:______________________ BY:____________________________ Stephen Nelson Chairman and President ATTEST:______________________________ Page 156 of 382 72500.00001\42096514.2 EXHIBIT A Landscape Plans – Omitted Tree Locations Page 157 of 382 72500.00001\42096514.2 Page 158 of 382 72500.00001\42096514.2 Page 159 of 382 72500.00001\42096514.2 Page 160 of 382 72500.00001\42096514.2 Page 161 of 382 72500.00001\42096514.2 Page 162 of 382 72500.00001\42096514.2 Page 163 of 382 72500.00001\42096514.2 Page 164 of 382 72500.00001\42096514.2 Page 165 of 382 72500.00001\42096514.2 Page 166 of 382 72500.00001\42096514.2 Page 167 of 382 72500.00001\42096514.2 Page 168 of 382 72500.00001\42096514.2 Page 169 of 382 72500.00001\42096514.2 Page 170 of 382 72500.00001\42096514.2 Page 171 of 382 72500.00001\42096514.2 Page 172 of 382 72500.00001\42096514.2 Page 173 of 382 72500.00001\42096514.2 Page 174 of 382 72500.00001\42096514.2 Page 175 of 382 72500.00001\42096514.2 Page 176 of 382 72500.00001\42096514.2 Page 177 of 382 72500.00001\42096514.2 Page 178 of 382 72500.00001\42096514.2 Page 179 of 382 72500.00001\42096514.2 Page 180 of 382 72500.00001\42096514.2 Page 181 of 382 72500.00001\42096514.2 Page 182 of 382 72500.00001\42096514.2 Page 183 of 382 72500.00001\42096514.2 Page 184 of 382 72500.00001\42096514.2 Page 185 of 382 72500.00001\42096514.2 Page 186 of 382 72500.00001\42096514.2 Page 187 of 382 72500.00001\42096514.2 Page 188 of 382 72500.00001\42096514.2 Page 189 of 382 72500.00001\42096514.2 EXHIBIT B – Proposal for Landscape Improvements Page 190 of 382 72500.00001\42096514.2 Page 191 of 382 Page 192 of 382 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: REJECT THE PROPOSAL TO PURCHASE OF A DIESEL STREET SWEEPER AND APPROVE THE PROPOSAL TO PURCHASE OF CNG STREET SWEEPER FROM PB LOADER CORPORATION TO IMPROVE CITYWIDE ROADWAY AND PARKING LOT MAINTENANCE RECOMMENDATION: 1. Reject previous request to purchase an Elgin Broom Bear Diesel Street Sweeper from Haaker Equipment Company of La Verne, California. 2. Authorize the purchase of a CNG Powered Street Chassis with XBroom (Street Sweeper) from PB Loader Corporation of Fresno, California, in the amount of $624,527.35. 3. Authorize the Director of Finance to set aside a contingency of $25,000 for any unforeseen fees and ancillary equipment. 4. Authorize the Finance Director to appropriate additional funds in the amount of $170,333.08 from unobligated Equipment Replacement Fund Balance to Account No. 5304310-4403000. 5. Authorize City Manager to approve the use of the contingency and any documents necessary to effectuate actions taken herewith. BACKGROUND/ANALYSIS: The City of Palm Desert has faced increasing windborne sand events, necessitati ng improved roadway and parking lot sweeping maintenance. Initially, in response to this challenge, the City brought forth a proposal for the purchase of a diesel street sweeper, which was approved by the City Council on February 15, 2024. W hile compliant with emission standards set by the California Air Resources Board (CARB), upon further review, it was discovered that the diesel street sweeper did not meet the emission standards mandated by the South Coast Air Quality Management District (AQMD) under Rule 1186, rendering it ineligible for purchase. Alternatively, a Compressed Natural Gas (CNG) street sweeper is proposed for Council approval. CNG street sweepers are powered by compressed natural gas, which is a cleaner burning fuel compared to diesel. They produce lower emissions, contributing to improved air quality and environmental sustainability. Additionally, CNG is cost -effective and readily available within a third of a mile radius, making it a viable alternative for street sweeping operations. Staff contacted PB Loader Corporation (Vendor) to request quotes for different equipment types. This Vendor provides pricing pursuant to a cooperative purchasing agreement through Sourcewell. By utilizing this cooperative pricing schedule, the City is assured of the best pricing on quality products. Thus, procurement requirements have been satisfied as another public agency conducted public bidding, pursuant to Palm Desert Municipal Code Section 3.30.160(E). Page 193 of 382 City of Palm Desert CNG Street Sweeper Page 2 of 2 Staff recommends the purchase of a CNG Powered Street Chassis with XBroom from PB Loader Corporation from Fresno, California, in the amount of $624,527.35. The recommendation also incorporates a contingency of an additional $25,000 for brooms and unforeseen fees. If approved, the sweeper would be delivered in October 2024. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The approved Capital Improvement Project (CIP) List for Fiscal Year 2023/24 includes a total of $480,000 for the purchase of various equipment as follows: Account / Equipment Budget Actual Cost Estimated Cost Balance EV Carpools $150,000 Pending $100,000 Graffiti Truck $110,000 Pending $150,000 Concrete Truck $100,000 $124,138.36 Dump Trailer $20,000 $15,201.65 Mini Excavator $60,000 $54,537.01 Utility Golf Cart $40,000 $33,560.82 Cost Total $227,437.84 $250,000 FY 23/24 Total $480,000 $477,437.84 $2,562.16 02/15/24 Diesel Street Sweeper Appropriation $479,194.27 03/28/24 CNG Street Sweeper Additional Appropriation $170,333.08 Account Total $652,089.51 The acquisition of the Compressed Natural Gas (CNG) street sweeper in lieu of the Diesel sweeper requires an additional appropriation totaling $170,333.08 as detailed below: Appropriation Necessary Unit Price $628,842.00 Government Discount (Sourcewell) ($49,244.00) Sales Tax (7.75%) & CA Tire Recycling Fee $44,929.35 Total Purchase Price: $624,527.35 Contingency $ 25,000.00 Total Request: $649,527.35 Appropriation Request of 02/15/24: ($479,194.27) ADDITIONAL APPROPRIATION REQUEST: $170,333.08 ATTACHMENTS: 1. Vendor Quote 2. Staff Report (February 15, 2024) Page 194 of 382 Page 195 of 382 Page 196 of 382 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 15, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: PURCHASE AND APPROPRIATION FOR A STREET SWEEPER.DOCX RECOMMENDATION: 1. Authorize the purchase of an Elgin Broom Bear Street Sweeper from Haaker Equipment Company from La Verne, California, in the amount of $454,194.27. 2. Authorize the Director of Finance to set aside a contingency of $25,000 for any unforeseen fees and ancillary equipment. 3. Authorize the Finance Director to appropriate funds in the amount $479,194.27 from unobligated Equipment Replacement Fund to Account No. 5304310-4403000. 4. Authorize City Manager or designee to approve the use of the contingency and any documents necessary to effectuate actions taken herewith. BACKGROUND/ANALYSIS: Summary: Over recent years, Palm Desert has received numerous occurrences of windborne sand events and a corresponding rise in demands for improved roadway and parking lot sweeping maintenance. As a result, staff reviewed its street sweeping operations, including the current outsourced level of service, and best practices. After review, staff recommends purchasing a diesel street sweeper, which is readily available today (no lead time) with approval of this item. Issue: Windborne sand events have been increasing over the years, leading to an increase in requests for street sweeping services. Consequently, the City's street sweeping operations have been unable to keep up with desired service levels. The necessity for maintaining clean and debris- free streets has emerged as a priority for the City’s ongoing development and maintenance efforts, as well as the need for continual emergency preparation. Existing Operations: To effectively remove windborne sand from roadways, a combination of proactive measures and responsive cleaning techniques are employed. The City implements regular street sweeping, dust control measures, vegetation plantation, and barrier installation. Contracted sweeping services include: Page 197 of 382 City of Palm Desert Authorize Purchase of Street Sweeper Page 2 of 4 • Regular Street Sweeping Services (Bi-weekly): The City contracts with a vendor for arterial and parking lot sweeping for $230,000 annually until June 30, 2028. This covers all costs for bi-weekly sweeping, and the vendor's performance has been satisfactory. • CVAG Sweeping Services (Bi-weekly): CVAG's sweeping vendor, funded through AB2766, sweeps major arterials in Palm Desert (Attachment A). However, they fall short of the City's standards due to traffic volume, sand accumulation, and other reasons. Despite outreach, issues persist. The City allocates $60,000 annually for this service. Staff have reached out for quotes for additional sweeping and are awaiting a response. • Additional Sweeping Services (As-needed): The City contracts with its vendor for extra services during severe weather. The City recently spent $22,000 on rental equipment in June and July 2023 and invested $100,000 post-Hilary Storm. Securing a street sweeper during emergencies took around 30 days in the latest event, impacting prompt response. Street Sweeper Cost Analysis Description Annual Cost Rented Street Sweeper ($14,000 / month): $168,000 Major One-time Event (per year): $50,000 Annual Rental Total: $218,000 Average Lifespan (4 to 8 years): 5 Rental Cost / Additional Emergency Sweeping (5 years): $1,090,000 Purchase New Street Sweeper: $480,000 Equipment Comparison: Staff contacted Haaker Equipment Company to request quotes for different equipment types. This company provides pricing pursuant to a cooperative purchasing agreement through Sourcewell. By utilizing this cooperative pricing schedule, the City is assured of the best pricing on quality products. Accordingly, staff dispensed further bidding pursuant to Palm Desert Municipal Code Section 3.30.160(E). The table below assumes purchasing a mechanical broom street sweeper with the capacity of over four-cubic yards, which aligns with best practices. The table is also categorized by power source, delivery time and contract price. Please note that the contract prices cover direct costs (e.g., equipment and initial training) but not indirect costs (e.g., maintenance and spare parts). Equipment Comparison Power Source Delivery Time Contract Price Electric 12 Months $ 974,850.89 CNG 12-18 Months $ 573,395.94 Diesel Immediately $ 454,194.27 Equipment Comparison: Page 198 of 382 City of Palm Desert Authorize Purchase of Street Sweeper Page 3 of 4 Staff recommends the purchase of an Elgin Broom Bear Street Sweeper (diesel) from Haaker Equipment Company in an amount totaling $454,194.27. The recommendation also incorporates a contingency of $25,000 for additional brooms and unforeseen fees. The recommendation of this model is based upon several factors including: • Immediate Availability: The street sweeper is readily available for purchase with no lead time, ensuring swift deployment to address occurrences of windborne sand events. In fact, this is the last remaining diesel street sweeper inventory, and newer model diesel street sweepers are prohibited for municipal fleet sale in California beginning 2024. • Reduced Upfront Expenses: As displayed, the diesel street sweeper has significantly lower upfront expenses compared to electric and CNG alternatives. • Reliability in Emergency Situations: In emergency situations, a diesel-powered sweeper is more reliable than electric and CNG alternatives. It can operate independently during grid failures or prolonged operations, ensuring continued functionality. • Proven Suitability for Desert Communities: Mechanical broom sweepers are suited for desert communities like Palm Desert. They are designed to effectively clean and remove sand and debris, addressing the unique challenges posed by windborne sand events. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The approved Capital Improvement Project (CIP) List for Fiscal Year 2023/24 includes a total of $480,000 for the purchase of various equipment as follows: Account / Equipment Budget Actual Cost Estimated Cost Balance EV Carpools $150,000 Pending $100,000 Graffiti Truck $110,000 Pending $150,000 Concrete Truck $100,000 $124,138.36 Dump Trailer $20,000 $15,201.65 Mini Excavator $60,000 $54,537.01 Utility Golf Cart $40,000 $33,560.82 Cost Total $227,437.84 $250,000 FY 23/24 Total $480,000 $477,437.84 $2,562.16 Street Sweeper Appropriation $479,194.27 Account Total $481,756.43 Staff requests an appropriation to Account No. 5304310-4403000 to cover the cost of the sweeper. Page 199 of 382 City of Palm Desert Authorize Purchase of Street Sweeper Page 4 of 4 Appropriation Necessary Unit Price $428,712.00 Government Discount (Sourcewell) ($ 7,186.00) Sales Tax (7.75%) $ 32,668.27 Total Purchase Price: $454,194.27 Contingency $ 25,000.00 Total Appropriation Request: $479,194.27 ATTACHMENTS: 1. CVAG Vendor Routes (Bi-weekly) 2. Product Information 3. Vendor Quote Page 200 of 382 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Sarah Castro, Finance Administrative Assistant REQUEST: RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the Finance Department pursuant to California Government Code Section 34090. BACKGROUND/ANALYSIS: Government Code Section 34090 permits the destruction of City records with the written consent of the City Attorney and approval by the City Council. The City’s records retention program, adopted on December 15th, 2022, by Resolution No. 2022-98, established retention periods for all City records and provides for the systematic destruction of obsolete records. In accordance with the Retention Program, attached is Exhibit “A” the Records Destruction Certificate, which lists the records submitted for destruction. The Certificate will be reviewed and signed by the City Attorney as well as the City Clerk prior to destruction of all records. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: Destroying obsolete records reduces the cost asso ciated with offsite document storage and records management. ATTACHMENTS: 1. Resolution 2. Records Destruction Certificate – Exhibit “A” Page 201 of 382 Page 202 of 382 Form RS-2/2023 C:\Program Files\eSCRIBE\TEMP\17551698405\17551698405,,,01 Resolution - Obselete Records.doc Thursday, March 21, 2024 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE FINANCE DEPARTMENT, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022). RECORDS FROM 1988-2018 (EXHIBIT A) WHEREAS, the Finance Department of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2022-98; and WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter. Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit “A,” attached hereto, which have met or exceeded their retention period. Section 3. That the reports mentioned on Exhibit “A” for the Finance Department from 1988 to 2018 have exceeded their retention period. Both paper and digital records will be destroyed. ADOPTED ON _________, 2024. ____________________________ KARINA QUINTANILLA MAYOR ATTEST: ________________________________ ANTHONY J. MEJIA CITY CLERK Page 203 of 382 RESOLUTION NO. 2024- March 21, 2024 Page 2 of 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-___ 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 ______, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEROF, I have hereunto set my hand and affixed the offic ial seal of the City of Palm Desert, California, on __________________, 2023. ________________________________ ANTHONY J. MEJIA CITY CLERK Page 204 of 382 Citywide Records Management Policy Resolution No. 2022-98 Administrative Procedures Manual CLRK-001 EXHIBIT A Request to Destroy Obsolete Records CITY OF PALM DESERT AUTHORITY TO DESTROY OBSOLETE RECORDS Dept. Retention No. Description of Record Years Covered Retention Period Shred or Discard Finance/ General FN-027 MuniFinancial Arbitrage Rebate Calculation Reports & Audit Reports 1988-2000 5 years Shred/ Destroy electronic records Finance/ Admin FN-001 Community Facilities Districts (Uni. Park 2005-1) – Request for Repayment & Financial Records 2004-2009 5 years Shred/ Destroy electronic records Assessment Districts (87- 1)(94-1 1997) – Financial Records 1988,1999-2000 Finance/ Admin FN-007 Fixed Assets-Inventory Backups, Journal Backups, Purchase Agreements 2017-2018 5 years Shred/ Destroy electronic records Finance/ Accounting FN-015 Accounts Payable (Wires, Bond Payments) 2017-2018 5 years Shred/ Destroy electronic records Finance/ Accounting FN-016 Accounts Receivable / TOT 2015-2018 5 years Shred/ Destroy electronic records Finance/ Accounting FN-017 Bank Statements and Trustee Statements, Fiscal Agent Statements, Investment Account Statements, Bank Reconciliations, Bank Deposits, Bank Transmittal Advice Bank Receipts, Trustee Statements, NSF 2017 7 years Shred/ Destroy electronic records Finance/ Accounting FN-021 Cash Receipts / Daily Cash Summaries / Cashiers Reports / Treasurers Receipts (TRs) 1979-1889, 2000, 2015-2018 5 years Shred/ Destroy electronic records Page 205 of 382 Administrative Procedures Manual CLRK-001 Citywide Records Management Policy Resolution No. 2022-98 I consent to the destruction of these obsolete records according to accepted policies and procedures. City Clerk Date City Attorney Date Approved by City Council: Original: City Clerk’s Office Copy: Department Finance/ Accounting FN-022 Warrant Register 2004-2014 10 years Shred/ Destroy electronic records Finance/ Accounting FN-026 Treasurer's Reports/ Investment Reports 2001-2018 5 years Shred/ Destroy electronic records Finance/ Accounting FN-028 Journal Entries/ Journal Vouchers 1998, 2016-2018 5 years Shred/ Destroy electronic records Finance/ Accounting FN-030 State Controller's Report 2014-2018 5 years Shred/ Destroy electronic records Page 206 of 382 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Ryan Lamb, Senior Project Manager REQUEST: APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027) RECOMMENDATION: 1. Award a contract to Richärd Kennedy Architects for Conceptual Design of New Library Facility in an amount not to exceed $514,865 ($499,865 Basic Services + $15,000 reimbursables). 2. Authorize the Director of Finance to set aside a contingency amount of $128,000 for unforeseen circumstances. 3. Authorize the Director of Finance to set aside $157,135 for pre-construction services by other consultants still to be determined. 4. Authorize the Director of Finance to appropriate funds in the amount of $800,000 from Uncommitted General Fund Reserves to Account Number 1104199-4501000 Inter-Fund Transfers Out. 5. Authorize the Director of Finance to transfer funds to the Library Transfer-In Account No. 4520000-391000 and appropriate expenditure of funds to Capital Projects Account No. 4524136-4400100 for this purpose. 6. Authorize the City Manager to review and approve written contract change orders requests per Section 3.30.170 of the Palm Desert Municipal Code. 7. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 8. Authorize the City Manager to execute the agreement and any doc uments necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: On October 12, 2023, the City Council voted to withdraw from the Riverside County Library System so that the City may operate it as a municipal library, effective July 1, 2024. The City will operate from this facility beginning on July 1, 2024, until a new facility can be designed, constructed, and outfitted on city-owned land. The City has entered into a 5-year lease with the Desert Community College District on the existing library, which should be sufficient time to design and fully construct the new City library. This initial design effort will be for Richärd Kennedy Architects to finalize a building program, then develop 3 budget-tiered conceptual designs, low/middle/high. Concept designs, cost estimates, and Library Taskforce recommendation will be presented to City Council for approval. The architect will then complete Schematic Design of the approved concept. Programming through Schematic Design is anticipated to take approximately 7 months. Following the completion of Schematic Design, City Staff Page 207 of 382 City of Palm Desert Transfer Funds for New Library Facility Project and Award Architect Contract Page 2 of 3 will solicit Bids for Design-Build services. Along with the architect’s design services, other pre- construction services will include, but are not limited to, site surveys and analyses, soils report, and cost estimating services. Legal Review: This report has been reviewed by the City Attorney’s office. Staff Recommendation: A subcommittee of City staff evaluated qualifications and proposals from 16 architecture firms.  Gary Shaffer, Director of Library Services  Jess Culpeper, Director of Capital Projects  Rosie Lua, Deputy Director of Development Services  Martin Alvarez, Director of Public W orks  Eric Ceja, Director of Economic Development  John Ramont, Deputy Director of Finance  Ryan Lamb, Senior Project Manager Evaluation criteria for the RFP included the firm’s proposed fee, firm and team member experience and performance, content of proposal and proposed work plan and schedule. The top five (5) architecture firms identified through the RFP evaluation process were interviewed by the subcommittee. Each firm was given 45 minutes to present and respond to 4 standard questions related to their design process, designing for Palm Desert’s climate, approach to delivering 3 budget-tiered concept designs, and determine if there would be ways to expedite the design process without sacrificing quality of work. Upon the completion of the evaluation and interview process, Richärd Kennedy Architects has subsequently been identified as the top firm and the recommended firm to be awarded. Evaluation Report and Selection Summary attached for reference. FINANCIAL IMP ACT: The New Library Facility Project was not included in the City’s approved Capital Improvement Project (CIP) List for FY 2023-24. As part of the separation agreement with the County, the City will receive $4,000,000 to use toward capital projects. Fun ds will be received no later than June 30, 2024. Upon receipt, the funds will be deposited into the Library Capital Project Fund to offset costs absorbed by the General Fund. In the interim, an appropriation of $800,000 for conceptual design and other p reconstruction services is necessary from Undesignated General Fund Reserves to the General Fund Transfer Out Account No. 1104199-4501000 and then transferred to the Library Capital Projects Account No. 4524136-4400100. Funds for future construction and project-related services will be budgeted during the City’s annual budget process. Richärd Kennedy Architects (Basic Services + Reimbursables) $ 514,865 Richärd Kennedy Architects (Contingency) $ 128,000 Other Pre-construction Services $ 157,135 Total: $ 800,000 Page 208 of 382 City of Palm Desert Transfer Funds for New Library Facility Project and Award Architect Contract Page 3 of 3 ATTACHMENTS: 1. Richärd Kennedy Architects’ Proposal 2. RFP Evaluation Report 3. Architect Selection Summary Page 209 of 382 Page 210 of 382 S C O P E O F S E R V I C E S L E T T E R CLIENT City of Palm Desert PROJECT NAME Conceptual Design of Municipal Library DATE 02/13/2024 Ms. Melanie Perry Mr. John Ramont Senior Management Analyst Deputy Director, Finance 73510 Fred Waring Dr 73510 Fred Waring Dr Palm Desert, CA 92260 Palm Desert, CA 92260 Direct: (760) 776-6450 Direct: (760) 776-6308 e-mail: MRamirez@PalmDesert.gov e-mail: JRamont@PalmDesert.gov Thank you for considering Richärd Kennedy Architects (RKA) for the conceptual and schematic design of the new Palm Desert Municipal Library. We are excited about this opportunity to work with the City of Palm Desert and project stakeholders and we are pleased to offer our services for this significant project. This scope of services letter, the associated fee proposal, and project schedule are based on the previously provided request for proposal (RFP) materials and addenda, published City of Palm Desert standards and requirements, and the pre-proposal site visit held on Tuesday January 23rd, 2024. PROJECT DESCRIPTION Richärd Kennedy Architects (RKA) will provide professional design services through the Schematic Design phase for a new 20,000 to 25,000 square foot full-service library to be located along Fred Waring Drive in Palm Desert, California on an existing City of Palm Desert-owned parcel. The total project budget for design and construction has not been established. It is anticipated that this project will be delivered in a future phase utilizing a Design-Builder procured through a competitive public RFP process administered by the City of Palm Desert. PROJECT PHASES & DELIVERABLES Project phasing is proposed to follow the Project Schedule and durations attached to this correspondence. Project phases and anticipated activities and deliverables shall be per the outline below. PREDESIGN • Communication Plan • Design Schedule Review • Goal Setting & Visioning o New Palm Desert Municipal Library: Vision, Mission, & Values o Sustainability Goals o Library Community Survey Outcomes • Data Collection o Zoning Code: height, setbacks, lot coverage, parking requirements, o Building Code o Accessibility, Environmental & Conservation Requirements o Plat definition: easements, restrictions o Library Service Area & Demographics • Existing Site Conditions: Metes & Bounds, Topography, Utilities • Site Analysis: Viewsheds, Climate Data, Solar Path, Wind Rose, Surrounding Context, Roadways, Public Transportation, Vehicular & Pedestrian Access, Fire Access, Site Photography • Facilities & Maintenance Requirements • Program Clarification & Refinement o Community, Technology Space(s), Library Services, Adult Program + Collection, Young Adult, Youth Services, Volunteers, Staff/Workplace, Building Services o Room Data Sheets: Size, Program adjacencies, Furniture, Fixtures & Equipment (FFE), Technology, Lighting, Acoustics, Concept Images • Program Component Cost Modeling by Space Type Page 211 of 382 DESIGN CHARRETTE • Goals l Facts l Needs – Overview • Area Gaming: o Youth + Young Adult o Adult o Flexible Technology Spaces o Staff + Work Areas o Service • Library + Site Gaming • Civil + Landscape Workshop • Engineering Systems Workshop • Design Team Working Sessions • Design Team “Office Hours” for additional “drop-in” interaction with City staff THREE CONCEPTS DESIGN • Develop three conceptual (low/middle/high) approaches to the library design • Deliverable: 3 Concepts Report; included for each concept: o Site Plan o Floor Plans o Renderings: Exterior & Interior o Material Palette o Cost Estimate o Predicted Energy Usage Intensity (pEUI) o Predicted Operational & Maintenance Cost o Predicted Embodied Carbon • Qualitative assessment relative to project Goals & Vision • 3 Concepts Presentation to Library & City Leadership • Public Presentation (if requested by City of Palm Desert) • City of Palm Desert – Owner Feedback • Review & Resolution of City comments • City of Palm Desert - Selection of Preferred Concept SCHEMATIC DESIGN • Develop Preferred Concept for formal Schematic Design submittal • Deliverable: Schematic Design package o Civil o Landscape o Architecture + Interior Design o FFE o Material Palette o Structural o Mechanical + Plumbing o Electrical o AV/IT + Security o Acoustics o QAQC Review • City of Palm Desert – Owner Feedback • Review & Resolution of Library Task Force Comments • Review & Resolution of Planning Department Comments FINAL DELIVERABLES • Incorporate Schematic Design resolutions into final deliverable • Final Deliverable – Final Schematic Design Package & Material Boards GRANT WRITING & FUNDRAISING CONTENT ASSISTANCE • On-call services: Visuals & Technical Writing to support City grant writing & fundraising efforts Page 212 of 382 PROJECT TEAM Richärd Kennedy Architects (RKA) will hold the primary design services contract with the City of Palm Desert for this effort. We will utilize an experienced team of professional consultants to perform the work, as follows: Design Team Member Discipline(s) Richärd Kennedy Architects Library Programming and Planning + Architecture Interior Design + FFE + Project Management Kimley Horn Civil + Structural + MPE Colwell Shelor Landscape Architecture NV5 Lighting Design + AV/IT + Security + Acoustics Abacus Cost Estimating PROPOSAL OF FEE / TERMS The Richärd Kennedy Architects (RKA) team has prepared our fee proposal for professional design services based upon this “Scope of Services Letter” and “Project Schedule.” This fee proposal is based upon the anticipated hourly labor required to complete the scope of services within the scheduled phase durations. Our proposal assumes that the Owner is responsible for providing the followings information to the design team: Geotechnical Report, Site Survey (including boundary, topographic, & utility information), however we have provided allowances for these scopes below should the City of Palm Desert elect to have our team perform these services for the project. Basic Design Services Civil Engineering $29,900 Landscape Architecture $22,000 Architecture & Project Management $278,000 Library Programming & Interior Design & FFE $48,000 Structural Engineering $23,000 MPE Engineering $26,000 Lighting & AV/IT & Security & Acoustics $29,950 Cost Estimating $43,015 Basic Services Subtotal $499,865 Allowances for Additional Design Services per City of Palm Desert Scoping Review Geotechnical Report $5,800 Site Survey $4,700 Preliminary Water Quality Management Plan $4,900 Preliminary Hydrology Analysis Report & Calculations $4,900 Preliminary Fine Grading & Drainage Plan $4,300 Preliminary Wet Utility Plan $3,900 Grant Writing & Fundraising $9,980 Allowances for Authorized Reimbursable Expenses Air Travel (per round trip occurrence) $250 Lodging (per diem) $175 Mileage (per mile) $0.67 Direct Expenses for Material Boards $1,200 Page 213 of 382 Upon City of Palm Desert written request, Additional Services shall be provided by the design team at the hourly rates provided in the table below. Richärd Kennedy Architects $/hr Lead Designer $376.80 Lead Technical Architect $376.80 Lead Interior Designer $180.00 Sr. Project Manager $208.01 Sr. Library Programmer + Planner $203.46 Sr. Project Architect $203.46 Project Architect $162.77 BIM/Visualization $143.18 Sr. Designer $143.18 Designer $97.97 Jr. Designer $91.95 Job Captain $103.99 Sr. Interior Designer $144.68 Jr. Interior Designer $85.90 Construction Administrator/Specifier $192.93 Administrative $90.58 Kimley Horn $/hr Analyst I $130.00 - $160.00 Analyst II $170.00 - $200.00 Professional $195.00 - $230.00 Senior Professional I $245.00 - $315.00 Senior Professional II $340.00 - $410.00 Senior Technical Support $115.00 - $290.00 Technical Support $105.00 - $165.00 Support Staff $85.00 - $145.00 Colwell Shelor $/hr Principal Landscape Architect $200.00 Project Landscape Architect $175.00 Project Manager $150.00 Designer $110.00 Technical $95.00 Administrative $75.00 NV5 $/hr Principal-In-Charge $250.00 Principal Designer $230.00 Associate Principal $210.00 Project Consultant / Technology Planner $195.00 Software Developer / Specialist $195.00 Designer $195.00 Asst Designer $135.00 Project Coordinator $135.00 Graphic Artist $135.00 Sr. BIM Modeler / CAD Specialist $115.00 BIM Modeler / CAD Specialist $100.00 Administration $65.00 Abacus $/hr Principal $203.67 Project Director $181.40 Sr. Cost Estimator $165.48 Cost Estimator (incl MEP) $149.57 Administrative Asst I $71.07 Administrative Asst II $76.38 Page 214 of 382 NEXT STEPS If you have additional questions, please contact me directly via e-mail (jkotter@rkarch.com) or my mobile phone (480) 371-8686 at any time. We are excited to work with the City of Palm Desert on the conceptual and schematic design of the new Municipal Library and look forward to our upcoming collaboration. Best Regards, Jeremy TS Kotter, AIA Principal, Richärd Kennedy Architects _______________________________________ Jeremy Kotter, AIA 02.13.2024 Page 215 of 382 ID Task Name Duration Start Finish1Receipt of Proposals0 daysTue 2/13/24Tue 2/13/242Notice of Intent to Award0 daysThu 3/14/24Thu 3/14/243AE Fee Proposal & Scoping Review with CoPD0 daysTue 3/19/24Tue 3/19/244AE Design Fee Approval16 daysWed 3/20/24Thu 4/11/245AE Update Fee per Scoping Review (as needed)5 daysWed 3/20/24Tue 3/26/246CoPD Review & Comments 5 daysWed 3/27/24Tue 4/2/247AE Proposal Clarifications & Revisions3 daysWed 4/3/24Fri 4/5/248City Council Approval0 daysThu 4/11/24Thu 4/11/249Predesign30 daysMon 5/6/24Fri 6/14/2410Predesign Work Period20 daysMon 5/6/24Fri 5/31/2411Predesign Workshop in Palm Desert2 daysTue 5/14/24Wed 5/15/2412Programming Report0 daysFri 5/31/24Fri 5/31/2413CoPD Review & AE Resolution 5 daysMon 6/3/24Fri 6/7/2414Design Charette5 daysMon 6/10/24Fri 6/14/2415Design Charette in Palm Desert5 daysMon 6/10/24Fri 6/14/2416Three Concepts Design40 daysMon 6/17/24Fri 8/9/2417Three Concepts Design Work Period35 daysMon 6/17/24Fri 8/2/2418Three Concepts Design Presentation0 daysMon 8/5/24Mon 8/5/2419Public Presentation0 daysTue 8/6/24Tue 8/6/2420CoPD Review & AE Resolution5 daysMon 8/5/24Fri 8/9/2421Preferred Concept Selection0 daysFri 8/9/24Fri 8/9/2422Schematic Design (15%)70 daysMon 8/12/24Fri 11/15/2423Schematic Design Work Period45 daysMon 8/12/24Fri 10/11/2424Schematic Design QAQC5 daysMon 10/14/24Fri 10/18/2425CoPD Review & AE Resolution10 daysMon 10/21/24Fri 11/1/2426Schematic Design Final Deliverable Work Period10 daysMon 11/4/24Fri 11/15/2427Final Schematic Design Package & Material Boards0 daysFri 11/15/24Fri 11/15/2428Grant Writing & Fundraising Content Assistance0 daysMon 11/18/24Mon 11/18/2429On-call Services to Support CoPD0 daysMon 11/18/24Mon 11/18/242/133/143/194/115/318/58/68/911/1511/1811/18111825310172431714212851219262916233071421284111825181522296132027310172418152229Feb '24Mar '24Apr '24May '24Jun '24Jul '24Aug '24Sep '24Oct '24Nov '24Dec '24Jan '25TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: City of Palm DesertDate: Mon 2/12/24PROJECT SCHEDULE - RICHARD KENNEDY ARCHITECTS - CITY OF PALM DESERT - CONCEPTUAL DESIGN OF MUNICIPAL LIBRARY02/13/2024Page 216 of 382 City of Palm Desert PW - Capital Improvement Projects Jess Culpeper, Director of Capital Projects 73-510 Fred Waring Drive, Palm Desert, CA 92260 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library RESPONSE DEADLINE: February 13, 2024 at 2:00 pm Report Generated: Thursday, February 22, 2024 PHASE 1 EVALUATION CRITERIA Criteria Scoring Method Weight (Points) Clarity and conformance of proposal to the RFP 0-5 Points 10 (10% of Total) Description: Criteria Scoring Method Weight (Points) Content of the proposal, including work plan 0-5 Points 25 (25% of Total) Description: Criteria Scoring Method Weight (Points) Firm experience and performance 0-5 Points 35 (35% of Total) Description: Page 217 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 2 Criteria Scoring Method Weight (Points) Team members' experience and performance 0-5 Points 20 (20% of Total) Description: Criteria Scoring Method Weight (Points) Comments by References 0-5 Points 5 (5% of Total) Description: Criteria Scoring Method Weight (Points) Fee Proposal 0-5 Points 5 (5% of Total) Description: AGGREGATE SCORES SUMMARY Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Evaluator 5 Evaluator 6 Evaluator 7 Evaluator 8 Total Score (Max Score 100) Richärd Kennedy Architects - - 93 99 - 97 95 95 95.8 Johnson Favaro - - 99 96 - 96 96 82 93.8 MSR Design - - 91 88 - 91 96 88 90.8 Gensler - - 97 89 - 91 89 76 88.4 Page 218 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 3 Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Evaluator 5 Evaluator 6 Evaluator 7 Evaluator 8 Total Score (Max Score 100) LPA, Inc. - - 95 80 - 84 85 73 83.4 CannonDesign - - 93 92 - 93 66 55 79.8 Group 4 Architecture, Research + Planning, Inc. - - 67 75 - 86 73 63 72.8 The Miller Hull Partnership, LLP - - 67 74 - 83 51 60 67 KFA Architecture - - 68 75 - 70 56 64 66.6 Ferguson Pape Baldwin Architects - - 80 63 - 65 79 34 64.2 Stayner Architects - - 62 65 - 61 46 69 60.6 LEVER Architecture - - 58 58 - 53 50 60 55.8 RIOS Inc. - - 73 62 - 61 39 43 55.6 TSK Architects - - 67 50 - 55 35 44 50.2 Aaron Neubert Architects, Inc - - 72 50 - 53 38 36 49.8 STK Architecture, Inc. - - 56 28 - 29 27 25 33 Page 219 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 4 VENDOR SCORES BY EVALUATION CRITERIA Vendor Clarity and conformance of proposal to the RFP 0-5 Points 10 Points (10%) Content of the proposal, including work plan 0-5 Points 25 Points (25%) Firm experience and performance 0-5 Points 35 Points (35%) Team members' experience and performance 0-5 Points 20 Points (20%) Comments by References 0-5 Points 5 Points (5%) Fee Proposal 0-5 Points 5 Points (5%) Total Score (Max Score 100) Richärd Kennedy Architects 5 4.8 5 4.6 4.8 3.6 95.8 Johnson Favaro 4.6 4.6 5 5 5 1.6 93.8 MSR Design 4.8 4.4 5 4.4 4.6 2 90.8 Gensler 4.2 4.4 4.6 4.8 4.8 1.8 88.4 LPA, Inc. 4.2 3.8 4.4 4.2 4.4 4 83.4 CannonDesign 4.2 3.8 4.2 4 4.2 2.8 79.8 Group 4 Architecture, Research + Planning, Inc. 3.6 2.8 4 3.8 4.8 3.6 72.8 The Miller Hull Partnership, LLP 3.6 2.8 3.6 3.4 4.2 2.8 67 KFA Architecture 3.8 3.6 3.4 2.4 4.2 3.4 66.6 Ferguson Pape Baldwin Architects 3.4 2.8 3.4 3.2 4.6 2.2 64.2 Stayner Architects 3.8 3.8 2.6 2 3.8 4 60.6 LEVER Architecture 4 2.4 2.6 2.6 4 3.2 55.8 RIOS Inc. 3.4 3 2.8 2.2 3.8 1.6 55.6 Page 220 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 5 Vendor Clarity and conformance of proposal to the RFP 0-5 Points 10 Points (10%) Content of the proposal, including work plan 0-5 Points 25 Points (25%) Firm experience and performance 0-5 Points 35 Points (35%) Team members' experience and performance 0-5 Points 20 Points (20%) Comments by References 0-5 Points 5 Points (5%) Fee Proposal 0-5 Points 5 Points (5%) Total Score (Max Score 100) TSK Architects 3.2 2.6 2 2.4 3.8 3.4 50.2 Aaron Neubert Architects, Inc 2.8 2.6 2 2.4 3.8 3.8 49.8 STK Architecture, Inc. 2.6 1.4 1.4 1.4 3.4 2 33 INDIVIDUAL PROPOSAL SCORES Aaron Neubert Architects, Inc Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Conformed to RFP Requirements Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 4 Joint Venture proposal. ANX + MKE. Evaluator 7: 3 Page 221 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 6 Very general Evaluator 8: 1 Not clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 6-7month work plan. Seemed to identify major milestones Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Missing SD scope of work. 8 months schedule Evaluator 7: 3 Seemed very generic. Evaluator 8: 1 Workplan not thorough Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Good experience in desert climate and on libraries Page 222 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 7 Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 2 Only 1 Library reference project, and it's in design Evaluator 7: 1 Minimal relevant experience Evaluator 8: 1 Little Library experience Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Good subs Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 2 Proposed Architect team members lack Library experience Evaluator 7: 1 No clear experience for team members Evaluator 8: 3 Little Library, Arch. Exp. Page 223 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 8 Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Good Reference Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 1 Only had one library in the works. Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 under $300k but what about CDs? Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Page 224 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 9 $297,500 (incl. $20,000 reimb.) Missing scope of work. Evaluator 7: 5 Low cost. Evaluator 8: 5 Low Fee CannonDesign Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Conformed to RFP requirements. 6 months schedule Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 No comment. Evaluator 7: 4 Addressed the RFP Evaluator 8: 2 Not clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Page 225 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 10 Evaluator 1: - Evaluator 2: - Evaluator 3: 4 6 month schedule Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 Lots of Library Experience. Some durations of activities in schedule appear to be too short. Evaluator 7: 4 Complete Evaluator 8: 3 Nat'l firm/But is that exp. present here Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Lots of CV and Library Exp. Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Lots of Library experience. Page 226 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 11 Evaluator 7: 3 Clearly capable, but not a lot of municipal library experience--mostly education. Evaluator 8: 3 Riv. County Library, Little else Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 They identified a Library SME on the team.The subs, for landscape, are local Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Experienced team members, including Library Specialist Evaluator 7: 3 Deep bench strength Evaluator 8: 2 Some Lib Experience. Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Provided Page 227 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 12 Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 3 Decent reference list. Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Add ons Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 $604,099 ($0 reimb.) 5th highest. Evaluator 7: 2 Pricey Evaluator 8: 2 Moderately high Fee Page 228 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 13 Ferguson Pape Baldwin Architects Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conformed to RFP Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 No comments Evaluator 7: 3 Most elements addressed. Evaluator 8: 1 Not clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 9-month schedule Evaluator 4: 3 Page 229 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 14 See rating Evaluator 5: - Evaluator 6: 3 Architecture of reference projects not exciting. 8 month schedule. Missing Programming scope, only confirmation of MSS' progr am. Evaluator 7: 3 No programming included Evaluator 8: 2 Pedestrian Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 I love gabions. Good library experience examples seem to respect/source local materials Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Architecture of reference projects not exciting Evaluator 7: 5 Several community libraries Evaluator 8: 1 Exp. S.D. County Libs. Less exp. Firm Team members' experience and performance | 0-5 Points | 20 Points (20%) Page 230 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 15 Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Good staff/team, too many subs Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 No Library-specific staff or consultant. Evaluator 7: 4 Smaller firm Evaluator 8: 2 Some exp. & with libs, Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 El Centro Library too busy architecturally Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Page 231 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 16 Evaluator 7: 4 NA Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 2 over $500k Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 2 587,000 (incl. $10,300 reimb.) 6th highest. Missing scope of work Evaluator 7: 3 Upper-mid Evaluator 8: 2 Moderately high fee Gensler Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Page 232 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 17 Evaluator 2: - Evaluator 3: 4 Conforms Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 No comments Evaluator 7: 5 Experienced Evaluator 8: 3 Reasonably clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 A proposal that inlcudes taking us through permitting and construction start? - YES PLEASE! Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 7 month schedule Evaluator 7: 5 Page 233 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 18 Comprehensive Evaluator 8: 4 Seems thorough Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Deep bench Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Good Library experience. Evaluator 7: 4 Interiors are sterile Evaluator 8: 4 Library experience, MSS Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Depth Page 234 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 19 Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Hiring MSS as Library consultant. Evaluator 7: 5 Team members have library and public space experience Evaluator 8: 4 Architect Exp. Some Librar Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 fine Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 4 Good reference list Evaluator 8: 5 Acceptable Page 235 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 20 Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 over $700k Evaluator 4: 1 See rating Evaluator 5: - Evaluator 6: 1 $779,160 (incl. $12,000 reimb.) 2nd highest Evaluator 7: 2 Expensive Evaluator 8: 1 High Fee Group 4 Architecture, Research + Planning, Inc. Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conformed Evaluator 4: 4 See rating Page 236 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 21 Evaluator 5: - Evaluator 6: 4 No budgets provided for reference projects Evaluator 7: 3 Missing schematic design Evaluator 8: 3 not too clear. Pulled from RFP Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Previously worked on PD library. Too many conceptual project references. 6-month schedule Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Missing SD scope of work. Includes community engagement scope which was removed via Addendum #01. 7 months schedule Evaluator 7: 3 Missing schematic design Evaluator 8: 2 Left out lots of the scope Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Page 237 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 22 Evaluator 2: - Evaluator 3: 3 Too many conceptual drawings/references Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Good experience. Evaluator 7: 5 Lots of library experience Evaluator 8: 3 Competent Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Good experience Evaluator 7: 2 Page 238 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 23 Not clear for full team Evaluator 8: 4 Competent. Done Libs. Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 5 Lots of library experience Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 $340k+ Page 239 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 24 Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 $342,196 ($0 reimb.) Missing scope of work. Evaluator 7: 4 Low price, but missing key components Evaluator 8: 5 Low Fee Johnson Favaro Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Conformed Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 No comments Evaluator 7: 5 Comprehensive Page 240 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 25 Evaluator 8: 3 Clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Great approach Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Connection to Civic Center is high priority. Evaluator 7: 5 Impressive showcase of work Evaluator 8: 3 A bit cookie cutter Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Great experience. it's like all they do is libraries. 35+ years expereince. Evaluator 4: 5 See rating Page 241 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 26 Evaluator 5: - Evaluator 6: 5 Lots of Master Planning & Library experience. Evaluator 7: 5 Clear outlook and approach Evaluator 8: 5 Have the experience Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Best Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Proposed staff has lots Master Plan experience and good Library experience. Evaluator 7: 5 Balanced skills Evaluator 8: 5 Know libraries, no librarian experience per se. Comments by References | 0-5 Points | 5 Points (5%) Page 242 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 27 Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Higher end communities match PDs Brand. Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 5 Plenty of relevant references Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 $291K for conceptual - another $800 for schematic. Evaluator 4: 1 See rating Evaluator 5: - Evaluator 6: 1 $813,800 ($0 reimb.) Most expensive. Page 243 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 28 Evaluator 7: 1 Very expensive Evaluator 8: 1 Very high fee KFA Architecture Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conforms Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 No comments Evaluator 7: 3 Hard to read Evaluator 8: 3 Not too clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Page 244 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 29 Evaluator 2: - Evaluator 3: 4 Fine Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 Work Plan was more about what they've done, not what they're going to do for our project. Evaluator 7: 3 Seems light on effort. Evaluator 8: 3 Better than most Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Didnt highlight a lot of library items Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 Good Library experience Evaluator 7: 3 Page 245 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 30 Lots of discussion about library experience, but most of the examples were of schools and housing Evaluator 8: 3 Firm has done libs. but only 1 person Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Lacking Library experience Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 1 Proposed Architect team has barely any Library experience. Architect recommends keeping MSS under contract. Evaluator 7: 2 Did not include team member project experience. Evaluator 8: 3 One person was/is Tech advisor Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine Page 246 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 31 Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 3 Lots of discussion about library experience, but most of the examples were of schools and housing Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 $362k Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 $362,562 (incl. $5,000 reimb.) Recommend keeping MSS under contract Evaluator 7: 3 Does not seem adequate to produce a quality result. Evaluator 8: 5 Low Fee Page 247 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 32 LEVER Architecture Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 conforms Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 No comments Evaluator 7: 4 Response not as complete as others Evaluator 8: 4 Somewhat clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 2 Sub list is pretty weak. Evaluator 4: 2 See rating Page 248 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 33 Evaluator 5: - Evaluator 6: 3 Missing Programming scope Evaluator 7: 3 Outline is very generic Evaluator 8: 2 NW Aesthetic, Didn't follow guideline Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 PNW, respect for local material Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 2 Very little Library experience Evaluator 7: 2 Minimal library experience, no evidence of experience with desert climate. Seem to showcase innovative materials that are unt ested in this environment. Evaluator 8: 3 Not a ton of lib exp. Team members' experience and performance | 0-5 Points | 20 Points (20%) Page 249 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 34 Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Team members seem fine. I havent heard of their subs. Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 2 Very little Library experience Evaluator 7: 2 Minimal public library experience Evaluator 8: 3 No Desert exp. Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 fine Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Page 250 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 35 Evaluator 7: 2 Minimal public library examples Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 $409k Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 $409,000 ($0 reimb.) Missing scope of work Evaluator 7: 3 Lower end Evaluator 8: 4 Relatively high fee LPA, Inc. Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Page 251 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 36 Evaluator 2: - Evaluator 3: 5 Conforms Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 No comment Evaluator 7: 4 Good examples. Evaluator 8: 3 Not too clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 6=months and good approach Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 3 Missing Programming scope of work. MEP, Structural & Civil appear to be in house. Evaluator 7: 3 Page 252 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 37 No programming in proposal Evaluator 8: 4 Good Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Good and local examples Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Good Library experience Evaluator 7: 5 Good experience in region Evaluator 8: 3 Done Libraries - Concerns Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 I love gabions. COD library, moorpark looks great. Page 253 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 38 Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 Good Library experience Evaluator 7: 5 Good experience with libraries Evaluator 8: 4 Handful of Libs. None notable Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 fine Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 4 Good relevant examples Evaluator 8: 5 Acceptable Page 254 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 39 Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 $295k, schematic design? Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 3 $295,000 ($0 reimb.) Fee is based on an assumed construction budget of $20M. Missing scope of work Evaluator 7: 3 Low but missing components Evaluator 8: 5 Low Fee MSR Design Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conformed Evaluator 4: 5 See rating Page 255 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 40 Evaluator 5: - Evaluator 6: 5 No comment Evaluator 7: 5 Very comprehensive Evaluator 8: 5 Clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Good approach 6-month schedule Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 No consultant rate sheet. Evaluator 7: 5 Very comprehensive Evaluator 8: 4 Seems thorough, a bit cookie cut Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Page 256 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 41 Evaluator 2: - Evaluator 3: 5 Good library experience Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Lots of Library experience. Evaluator 7: 5 Demonstrated significant library design experience Evaluator 8: 5 Have the experience Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Good local subs, but the team is from upper midwest with limited desert climate experience Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Lots of Library experience. Evaluator 7: 5 Page 257 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 42 Complete and experienced. Evaluator 8: 4 Know libraries, no librarian consultant Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 4 Good reference list. Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 $750k Page 258 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 43 Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 1 Fee: $747,900 (incl. $30,000 reimb.) 3rd highest. Travel costs are reimbursable. Offices in Palm Springs & Minneapolis. Where is the team located? Evaluator 7: 2 Expensive. No rates for consultant partners Evaluator 8: 2 Relatively high fee Richärd Kennedy Architects Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Conformed Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 No comments. Evaluator 7: 5 Page 259 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 44 Very clear Evaluator 8: 5 Clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Pre-Design items are spot on. 9-month schedule Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Connection to Civic Center is high priority. Evaluator 7: 5 Very comprehensive Evaluator 8: 5 Exceptional Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Desert Climates, exciting design Page 260 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 45 Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Lots of Library experience Evaluator 7: 5 Connected with campus & desert environment Evaluator 8: 5 Appreciate Desert Experience Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Good experiecne and good subs. Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Lots of Library experience. Library Specialist on staff. Evaluator 7: 4 Team seems limited compared to other firms Evaluator 8: 4 Incred. Exp. No librarian consultant Page 261 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 46 Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine. Evaluator 4: 5 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 5 Great reference list for urban, desert libraries Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 $600k Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 2 Page 262 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 47 $499,865 ($0 reimb.)Travel costs are reimbursable. Office in Phoenix, AZ. Evaluator 7: 4 Comparatively reasonable Evaluator 8: 4 Modest Fee RIOS Inc. Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conformed Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 No comments. Evaluator 7: 2 Difficult to read Evaluator 8: 2 Not clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Page 263 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 48 Evaluator 1: - Evaluator 2: - Evaluator 3: 3 TMI and not applicable information Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 4 No cost provided for reference projects. No rate sheets. Evaluator 7: 3 Generic approach Evaluator 8: 2 Did desert park Out of box Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Big Projects, major metro how will this thinking fit to local PD. Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Not much built work. Lots of planning. Page 264 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 49 Evaluator 7: 2 Not a lot of relevant completed projects Evaluator 8: 2 Very little Lib Exp Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine. Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 1 Proposed team has almost no Library experience. The Library Consultant, AEA Consulting, also has almost no library experience. Evaluator 7: 1 Didn't connect relevant experience of the individual team members. Evaluator 8: 2 Their library expert is not a lib expert Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 fine, Joel Montalvo? Page 265 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 50 Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 1 Too many examples of submissions for design competitions or other plans not completed. Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 2 $440K - Schematics another $348k Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 1 $787,295.84 ($0 reimb.) 2nd highest. Evaluator 7: 1 Expensive Evaluator 8: 2 Fairly high fee Page 266 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 51 Stayner Architects Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conformed to RFP Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 No comments. Evaluator 7: 3 A little difficult to read with several examples that are not particularly relevant. Evaluator 8: 3 Clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 5 Great understanding of PD architecture. Interesting design concepts. 8-month timeline Evaluator 4: 4 Page 267 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 52 See rating Evaluator 5: - Evaluator 6: 4 Small firm (8 ppl) with limited capacity. 8 month schedule. Reference project budgets incomplete. Evaluator 7: 4 Comprehensive Evaluator 8: 2 A bit cookie cutter. Design heavy. Architect Exp? Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 2 They've only served as subs on these projects. Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 2 No library experience other than what MSS brings to the table. Evaluator 7: 1 Did not showcase relevant experience, especially in the unique desert environment. Evaluator 8: 5 Library expert MSS Team members' experience and performance | 0-5 Points | 20 Points (20%) Page 268 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 53 Evaluator 1: - Evaluator 2: - Evaluator 3: 2 See above - they subs Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 2 Christian Stayner is Principal of Stayner Architects and B-arn-S Architects. Proposed Architect team has no library experience. Hiring MSS as Library Consultant. Small team. Evaluator 7: 2 Hard to dig through bios to find relevant experience. Evaluator 8: 2 Newer firm. Principal at 2 firms? Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Limited Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Page 269 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 54 Haven't spoken to references. Evaluator 7: 2 Reference projects did not showcase library imagining in the desert setting. Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 $275k+ $10k reinbursements Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 4 Fee: $285,000 (incl. $10,000 reimb.) High rates for add services. Concerned about the low proposal fee. Evaluator 7: 3 Inexpensive, but incomplete. Evaluator 8: 5 Low fee STK Architecture, Inc. Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Page 270 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 55 Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conforms Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Graphs and chart illegible. Evaluator 7: 2 Didn't fully address the RFP Evaluator 8: 1 Not clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 2 Not the most professional looking proposal and light on content Evaluator 4: 1 See rating Evaluator 5: - Evaluator 6: 1 Page 271 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 56 Scope of services not in line with RFP. Multiple resumes missing. No rate sheets or schedule. One page references a 57 acre s chool project, instead of our Library. Work Plan unclear. Evaluator 7: 2 Seemed incomplete. Evaluator 8: 1 Could not make out Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Limited Evaluator 4: 1 See rating Evaluator 5: - Evaluator 6: 1 Only 1 Library reference project Evaluator 7: 1 Only one library. Did not demonstrate understanding of the context of our City library. Evaluator 8: 1 Limited. Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Page 272 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 57 Evaluator 3: 3 Camille has good experience not sure about the rest. Evaluator 4: 1 See rating Evaluator 5: - Evaluator 6: 1 Only the Principal has 1 library project for experience. No library experience by othe rteam members. Evaluator 7: 1 Limited relevant experience Evaluator 8: 1 Their aesthetic does Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 2 DHS, Firestations? Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 1 No library references Page 273 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 58 Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 $654k Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 2 Fee: $419,440 ($0 reimb.) Unclear if fee reflects required scope of services. Evaluator 7: 1 Expensive for listed services. Evaluator 8: 2 Relatively high fee The Miller Hull Partnership, LLP Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Page 274 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 59 conformed Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 No comments. Evaluator 7: 3 Very generic approach Evaluator 8: 2 not too clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Limited detail on scope and timelines Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Missing Programming Scope of work Evaluator 7: 2 Did not demonstrate significant creativity in reimagining library functions Evaluator 8: 3 Page 275 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 60 Lots of Wood. Cookie Cutter Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 Great Library experience - mostly PNW Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Lots of Library experience. Evaluator 7: 3 Appears to have significant experience, but none in low desert. Did not demonstrate understanding of our unique environment. Evaluator 8: 3 NW Lib experience Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine Evaluator 4: 4 See rating Page 276 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 61 Evaluator 5: - Evaluator 6: 4 Good Library experience Evaluator 7: 2 Not a lot of direct connections to relevant experience. Evaluator 8: 3 No Desert exp. Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 3 References were adequate Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Page 277 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 62 Evaluator 2: - Evaluator 3: 3 $420k+ Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 2 Fee: $427,770 (incl. $19,400 reimb.) Missing scope of work. Travel is reimbursable expense. San Diego & Seattle offices. Evaluator 7: 3 Reasonable, yet may be missing some requirements. Evaluator 8: 3 Middle road fee TSK Architects Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Conformed Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 5 Page 278 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 63 No comments. Evaluator 7: 3 Very generic submission Evaluator 8: 1 Not clear Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 short timeline - will we get what we need, plus no schematic proposal Evaluator 4: 3 See rating Evaluator 5: - Evaluator 6: 3 Missing SD scope of work. Evaluator 7: 2 No strong examples Evaluator 8: 2 Cookie Cutter Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: - Evaluator 2: - Page 279 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 64 Evaluator 3: 3 ok Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 2 Very little Library experience. Evaluator 7: 1 Minimal municipal library experience. Evaluator 8: 2 Limited. Subs have lib. Not principals Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Good Experience Evaluator 4: 2 See rating Evaluator 5: - Evaluator 6: 2 Very little Library experience. Evaluator 7: 2 Consultants show reasonable experience, but not the core team. Page 280 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 65 Evaluator 8: 2 Little lib. exp. No desert exp. Comments by References | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 4 Fine. Evaluator 4: 4 See rating Evaluator 5: - Evaluator 6: 5 Haven't spoken to references. Evaluator 7: 1 Minimal relevant examples. Evaluator 8: 5 Acceptable Fee Proposal | 0-5 Points | 5 Points (5%) Evaluator 1: - Evaluator 2: - Evaluator 3: 3 $210k schematic design missing? Evaluator 4: 3 See rating Page 281 of 382 EVALUATION TABULATION RFP No. 2023-RFP-225 Architectural Design Services - Conceptual Design of Municipal Library EVALUATION TABULATION Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library Page 66 Evaluator 5: - Evaluator 6: 3 Fee: $210,000 (incl. $10,000 reimb.) Missing scope of work. Travel is reimbursable expense. L.A. office. Evaluator 7: 3 Seems to be missing elements. Evaluator 8: 5 Low Fee Page 282 of 382 ArchitectLocation *All firms identified Travel costs as reimbursableFee ScheduleRFP Evaluation (1-100)Interview (1-40) CommentsRichard Kennedy ArchitectsPhoenix, AZ $499,865 (incl. $0 reimb.) 7 months 95.8 35.1Johnson FavaroCulver City, CA $813,800 (incl. $0 reimb.) 6 months 93.8 31.3MSR DesignMinneapolis, MN $747,900 (incl. $30,000 reimb.) 8 months 90.8 30.6GenslerLos Angeles, CA $779,160 (incl. $12,000 reimb.) 7 months 88.4 25.7Teaming w/ Margaret Sullivan Studios LPA, Inc.Irvine, CA $295,000 (incl. $0 reimb.) 4 months 83.4 24Programming scope not included in proposal New Library FacilityArchitect Selection Summary - Conceptual Design ServicesPage 283 of 382 Page 284 of 382 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: March 28, 2024 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of March 28, 2024 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 2b: STUDY SESSION: UPDATE ON ANIMAL SERVICES CONTRACT WITH RIVERSIDE COUNTY ANIMAL SERVICES Q1: Page 25. Is this for Palm Desert only? A1: Yes, these are the total number of animals (dogs, cats, birds, others) sheltered annually for the City of Palm Desert. Q2: Page 25. How is this calculated? Are these numbers only relative to the Thousand Palms location? A2: These numbers reflect the total number of dogs and cats, the overall number of days in the shelter, and the average. For example, from July – February of this fiscal year, there were a total of 145 dogs & cats sheltered for 670 days, with an average of 5 sheltered days per animal. Our contract stipulates that animals shall be housed at the Coachella Valley Animal Campus in Thousand Palms. The County does have the discretion to take animals to other county f acilities at their discretion e.g. no capacity at the time etc. Q3: Does the City pay per animal that is taken in, or does the City pay for euthanasia fees? A3: The City pays a daily sheltering rate of $34.10 per day plus a $10.44 charge per impound for each dog or cat. There are no additional costs for euthanasia fees, or spaying/neutering a stray before they are adopted. Q4: Page 31. Has there been any interest from the community in having these again (mobile clinic)? How were they advertised? A4: Staff is not aware of any interest from the community in hosting mobile clinics. In 2013, when the last mobile clinic was held it was advertised at the Shelter, in Brightside, and flyers at City Hall. Page 285 of 382 03/28/2024 Question & Answer Memo Page 2 of 4 ITEM 13e: AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES Q1: What is the breakdown of their justification to increase account services by nearly $2000? A1: With the renegotiation of the operational contract with the YMCA, greater emphasis has been placed on marketing the Aquatic Center. The enhanced scope of work required more hours over the second quarter of the year, which correlates to a higher fee for account services. Q2: How many billboards is the City getting for $10,500? What is the ROI on billboards? A2: Billboards are useful for brand-building and reaching new audiences with information about the Aquatic Center. They are part of the previously approved PDAC budget, and placement has been spread out over the fiscal year as part of Lamar's digital billboard program. This program provides tremendous flexibility in messaging and placement, when compared to a traditional static billboard that would have one location and one message for the duration of the contract. Q3: Where will they be placed? A3: These digital billboards are placed in 10 locations around the valley, and the PDAC slot rotates from board to board, allowing the messaging to be seen in multiple locations. Q4: What website enhancements are they planning to implement for a $3,000 increase? A4: This fee is for a complete website redesign, including new photography, an updated, more user- friendly design, new programming, and reservation portals. ITEM 13f: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES Q1: What services are listed in the original contract with FG Creative, C43370? A1: Below is the scope of services outlined in Contract C43370: • Develop an annual budget that includes a comprehensive, strategic and diversified media plan and account management that promotes El Paseo to its target audience, in accordance with direction provided by the Board. This media plan should demonstrate maximum efficiency of spend and a clear ability to measure return on investment (ROI).  Negotiate, schedule, and maintain media buys in accordance with the approved media plan. Please note that all buys performed on behalf of the EPPBID must be billed at net amounts.  Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials.  Develop and implement a monthly merchant outreach program.  Attend and present pertinent updates at the monthly EPPBID Board meetings.  Evaluate all media proposals submitted to the Board and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the Board.  Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work.  Submit detailed invoices to include the projects and services worked on or completed with supporting documentation for the previous month's activities.  Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan and all outbound marketing. To include but not limited to: digital, print, radio and collateral material, and other elements, as mandated by the media plan. Page 286 of 382 03/28/2024 Question & Answer Memo Page 3 of 4  Create a strategic Social Media Plan and manage all aspects of the EPPBID social media channels, including but not limited to Facebook, Instagram, and Twitter. • Organize and manage two Merchant meetings per year if viable (Pre-Season and Post-Season). • Manage Public Relations efforts as needed on behalf of the EPPBID.  Agency shall represent EPPBID's voice and vision when working with media partners, in the best interest of the “El Paseo" brand. Q2: How often has EPPBID had to tap into their reserves in the last 6 years? A2: Fortunately, staff is not aware of any time the EPPBID has had to tap into its reserves to cover a budget shortfall. Because EPPBID funds fluctuate depending on revenues collected from members of the district, the board's first pass at its annual budget is always conservative, based on an average of the previous six years' revenue. As the actual revenues accrue, the board then revisits marketing priorities based on actual funds available in excess of its reserves and makes a mid-year budget adjustment. This careful approach allows the board to maintain good stewardship over its constantly fluctuating and unpredictable resources. Q3: How much was taken from the reserve in 2020? A3: When the pandemic hit in early 2020, the EPPBID Board drastically cut its budget to conserve funds in light of a projected drastic drop in revenue. As it turned out, sales of luxury goods were especially strong during the pandemic, so the district finished the year with more funds than anticipated, and the board did not have to tap into its reserves. Q4: What are the merchant relations that need to be enhanced? A4: The Board has prioritized merchant relations over the past several years to achieve its goals of supporting small store owners while ensuring that it is representing its members well. The results were positive in terms of having an engaged and active membership. For FY 2023-2024, the board reluctantly reduced the budget spent on merchant relations in order to address other marketing priorities. When deciding on how to apply a mid-year budget adjustment this year, the board voted to bring that line item back up to what it has been in past fiscal years. Q5: Will merchant relations be uniform from Highway 74 to Portola? A5: Yes, the monthly report highlights that an equal amount of time is spent on each block of the district. Q6: What enhancements are going to be made? A6: The budget increase allows for more one-on-one marketing meetings, more store visits, and greater support during the summer months. ITEM 13k: APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027) Q1: Won't it make more sense to request this work after a decision is made about the new library site? Might the available footprint be a significant variable in the design work? A1: The Architect’s scope of work for Conceptual Design Services will be required regardless of site location. The anticipated building program is approximately 20,000 to 25,000 SF. All sites currently being considered will support the required footprint. Funds for other preconstruction services and architect contingency identified in the Staff Report will be utilized to analyze the other sites. Page 287 of 382 03/28/2024 Question & Answer Memo Page 4 of 4 ITEM 14d: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM Q1: If there is a desire to maintain a seniority-based rotation for the position of Mayor and Mayor Pro Tem, may ties be broken by mutual agreement? Are there any rules which can be imposed that if a member declines service it does not result in a disruption to the normal rotation? A1: Yes, if the City Council prefers a seniority-based rotation it is permissible to allow ties to be broken by mutual agreement. Under this rule, if two or more members are tied, they may come to a mutual agreement on the sequence of who will serve as Mayor Pro Tem. If mutual agreement is not reached, it is recommended that ties be broken by lot (such as a coin toss, drawing straws, or high card from a standard deck). Under the current resolution, if a member declines service as Mayor Pro Tem ther e is no mechanism to reset the member’s seniority since last serving as Mayor, if ever. This results in the member who declined maintaining their seniority and having preference to serve as Mayor Pro Tem in future years. A rule may be imposed that if a member declines to serve, then that member’s future placement in the rotation will be as if they served in the year for which service is waived. Furthermore, it is recommended that the priority be based on “the longest continuous service since last serving as Mayor or Mayor Pro Tem, if ever.” This will ensure that a member who served as Mayor Pro Tem but declines service as Mayor will have their seniority reset. Page 288 of 382 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: AWARD A CONTRACT TO CAL-STRIPE, INC., FOR ON-CALL CITYWIDE STREET AND BIKE LANE STRIPING IMPROVEMENTS IN AN ANNUAL AMOUNT NOT TO EXCEED $450,000 (MST00002) RECOMMENDATION: 1. Award a 27-month contract to Cal-Stripe, Inc. for On-call Citywide Street and Bike Lane Striping Improvements in an annual amount not to exceed $450,000, with the option of two, one-year extensions. 2. Authorize the City Manager to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 4. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: To ensure the safety and functionality of City roadways and parking lots, annual contracting for striping services remains an integral component of our infrastructure maintenance efforts. As part of this commitment, on January 24, 2024, the City released a Request For Proposal (RFP) for on-call striping services. This encompasses all public sites in Palm Desert needing new striping or re-striping, including bike lanes, roadways, and parking lots. The scope also incorporates repainting of red curbs throughout various streets citywide. While previous services have been on a project basis, the City is opting for an on-call basis to provide greater flexibility and efficiency. The City received three proposals from companies by the deadline of February 22, 2024. The companies submitting proposals include: Company Location Cal-Stripe, Inc. Colton, CA Superior Pavement Marking Inc. Cypress, CA PCI Azuza, CA A Selection Committee comprising of three staff members from the Public Works and Capital Projects Departments reviewed the proposals. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and perf ormance, comments by references, and fee proposal (range of costs). As demonstrated below, all three Page 289 of 382 City of Palm Desert (On-call Street and Bike Lane Striping) Page 2 of 3 companies provided the necessary information and satisfactorily fulfilled the essential criteria required in this RFP. Criteria Cal-Stripe Superior Pavement PCI Clarity and Conformance X X X Proposal Content X X X Experience and Performance X X X References X X X Fee Proposal X X X Following an evaluation, the Committee proposes awarding a contract to Cal-Stripe, Inc. for on- call services. Cal-Stripe, Inc. (Contractor) best demonstrated clarity and conformance and understood exactly the request of this RFP. Despite the pre-bid meeting being optional, the Contractor displayed their dedication by being the only contractor in attendance, underscori ng their commitment to understanding the project's scope. The Contractor also demonstrated extensive experience to further solidify the recommendation. Although pricing among companies were generally competitive, the Contractor offered many rates that are favorable when compared to the other companies. It's worth noting that effectively comparing costs presents challenges due to the contract's on -call nature rather than a low-bid structure, leading to fluctuations in line-item expenses. Notwithstanding, staff identified many line items as favorable, underscoring the contractor’s grasp of the service scope. For instance, given the significant upcoming red curb repainting, the Contractor offered the most favorable costs for preparation and painting. In addition, the Contractor offers free mobilization for work exceeding $5,000, a condition highly favorable for the City, considering that most work falls within this bracket. In contrast, other contractors do not offer this, with mobilization costs ranging from $1,250 to $4,750 (depending on the scope of service). The cost proposal displays the Contractor’s comprehension of the project, likely demonstrated by their attendance at the pre-proposal meeting. Lastly, the City conducted a thorough reference check on Contractor, receiving commendable feedback on their past performance, reliability, punctuality in project completion, delivery of high - quality work, and overall client satisfaction. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Funds in the amount of $300,000 are included in the approved Capital Improvement Project (CIP) List for Fiscal Year (FY) 2023-24 for the Citywide Street Striping and Lane Improvements Project. Funding for the Bike Lane Striping Project was included under Year 2 (FY 2024-25) of the CIP List; however, for economies of scale, the two projects were advertised as one project . Only funds available in this fiscal year will be encumbered at this time, so no appropriation is necessary. Staff will budget accordingly for future years during the annual budget approval process. Page 290 of 382 City of Palm Desert (On-call Street and Bike Lane Striping) Page 3 of 3 The Citywide Street and Bike Lane Improvements Project (MST00002) funding is as follows: Project Account FY 23/24 Budget FY 23/24 Cost Future Years Citywide Street Striping and Lane Improvements (MST00002) 2134315-4332000 $300,000 $300,000 $300,000 Bike Lane Striping (MST00004) 2134633-5000204 $0.00 $0.00 $150,000 Total $300,000 $300,000 $450,000 The project is funded under Measure A Funds; therefore, there is no financial impact on the general fund beyond project administrative costs. ATTACHMENTS: 1. Agreement 2. Bonds Page 291 of 382 Page 292 of 382 Contract No. ___________ 1 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 28th day of March, 2024, 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, (“City”) and Cal-Stripe, a Corporation, with its principal place of business at 2040 East Steel Road, Colton, CA 92324 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. The City is a public agency of the State of California and is in need of services for the following project: On-Call Citywide Street and Bike Lane Striping Project Project No. MST00002 (hereinafter referred to as “the Project”). 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from April 1, 2024, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one- year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Page 293 of 382 Contract No. ___________ 2 Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Bassam AL-Beitawi, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Adam Lippa, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services Page 294 of 382 Contract No. ___________ 3 in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub - subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. Page 295 of 382 Contract No. ___________ 4 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: Page 296 of 382 Contract No. ___________ 5 (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. [RESERVED] (F) Cyber Liability Insurance. [RESERVED] (G) 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. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall Page 297 of 382 Contract No. ___________ 6 contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City wi ll withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Page 298 of 382 Contract No. ___________ 7 (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to t he insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub- consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. Page 299 of 382 Contract No. ___________ 8 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. Page 300 of 382 Contract No. ___________ 9 No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the Page 301 of 382 Contract No. ___________ 10 replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total annual compensation shall not exceed FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) per Fiscal Year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged Page 302 of 382 Contract No. ___________ 11 failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Page 303 of 382 Contract No. ___________ 12 Contractor: CAL-STRIPE, INC. 2040 EAST STEEL ROAD Colton, CA 92324 COLTON, CA 92324 ATTN: ADAM LIPPA City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: BASSAM AL-BEITAWAI Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or Page 304 of 382 Contract No. ___________ 13 payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely Page 305 of 382 Contract No. ___________ 14 for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] Page 306 of 382 Contract No. ___________ Exhibit “C” SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND CAL-STRIPE, INC IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney CAL-STRIPE, A CORPORATION By: Rudy Zavalani President By: Its: General Manager Printed Name: Steve Fleener Contractor’s License Number and Classification DIR Registration Number (if applicable) QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds Page 307 of 382 Contract No. ___________ Exhibit “D” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES Page 308 of 382 Contract No. ___________ Exhibit “D” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “B” SCHEDULE OF SERVICES Page 309 of 382 Contract No. ___________ Exhibit “D” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “C” COMPENSATION Year 1  Services shall be rendered on a task order basis from April 1, 2024, to June 30, 2024.  Not to exceed $300,000 Year 2  Services shall be rendered on a task order basis from July 1, 2024, to June 30, 2025.  Not to exceed $450,000 Year 3  Services shall be rendered on a task order basis from July 1, 2025, to June 30, 2026.  Not to exceed $450,000 Page 310 of 382 4-24-2023-SF February 22, 2024 Introduction: Cal Stripe Inc. has been a California licensed contractor since 1994. During our time in business, we have maintained and performed all aspects of striping installation, removals as well as integrating the newest technology available within our trade. Once a designated scope of work is assigned, our project manager will provide a highlighted map of the area, as well as a budgetary number based on the unit pricing provided. This will give the city a better understanding of what can be accomplished as well as what will be included. We will assign one of our Superintendents, Dave Carter, or Rick Zamora to manage and oversee the project. Our Project Manager and Estimator, Adam Lippa will provide the budget, coinciding maps and consulting services. All their contact information is provided on our contact page. Page 1 of 7 2040 East Steel Road, Colton Ca 92324 Phone: (909) 884-7170 Fax (909) 884-7106 Cell: (909) 206-7206 General Engineering Class A CA # 685387 DIR# 1000001100 Signatory to Laborers Union Local 1184 ESTIMATOR / PM: Adam Lippa Email: alippa@calstripe.com Page 311 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA Experience and Technical Competence: Cal Stripe Inc. maintains a Class A, General Engineering License (#685387), since 1994, and expiring on 1/31/2026. This license allows us to provide a full and vast variety of striping, marking and sign contracting services, all in house, without any subcontractors. See a copy of the pocket version of the license provided. Cal Stripe Inc. has maintained a backlog of projects ranging from citywide restripes, to highway and freeway reconfigurations. Cal Stripe also serves as a backbone contractor within the airport and military contracting community providing airfield marking installation and removal services. All of our equipment is CARB compliant, and meets all of California requirements to be roadworthy, and dependable equipment. With a fleet of over 75 trucks and pieces of equipment, we supply our own back up if the equipment happens to be down for maintenance. Cal Stripe carries a bonding capacity of single limit of $20 million, and an aggregate limit of $50 million, through Liberty Mutual located in Orange, California. Cal Stripe also has a General Liability capacity of $5 million for various types of projects, both as a subcontractor and a prime contractor. Page 2 of 7 Page 312 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA Staffing / Key Personnel: Provided is a list of our Staff and Key Office Personnel that will assist in this type of project. 1) Dave Carter / Superintendent / 909-841-8110 / davemc@calstripe.com 2) Rick Zamora / Superintendent / 951-201-5523 / rzamora@calstripe.com 3) Joseph / Scheduler / 909-884-7170 / scheduler@calstripe.com 4) Lorraine Manzanares / Contracts Dept. / 909-884-7170 / lmanzanares@calstripe.com 5) Jane Toothman / Payroll / 909-884-7170 / jtoothman@calstripe.com 6) Adam Lippa / Estimator/ Project Manager / 909-884-7170 / alippa@calstripe.com 7) Bo Boisvert / Jr. Estimator / 909-856-9200 / bboisvert@calstripe.com 8) Steve Pierce / Operations Manager / 909-262-2144 / spierce@calstripe.com 9) Greg Works / General Operations / 909-841-8876 / gworks@calstripe.com 10) Norma Axel / Billing, General Information / 909 -884-7106 - naxel@calstripe.com Page 3 of 7 Page 313 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA Vendor References: 1. PPG / Ennis Flint, Inc. / Angela Flynt 4161 Piedmont Pkwy, Suite 370 Greensboro, NC 27410 (800) 331-8118 2. Traffic Logix / Jim Merrill 3 Harriett Lane Spring Valley, NY 10977 (866) 915-6449 3. RoadMax Road Products / Jason, Glen 14567 Rancho Vista Dr. Fontana, CA 92335 909-559-4134 4. Swarco Road Marking Systems 8637 SE Morrison Portland, OR 97216 503-421-5227 Page 4 of 7 Page 314 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA Completed Projects within the Last 3 Years: Project Owner: Contractor: Location / Name: Contact Number: Value: CALTRANS 06-0Q2804 Caltrans (Prime) RT.99 & 178 RECONSTRUCT LANES & SHOULDERS (925) 932-7900 (925) 932-0500 $2,253,000.00 City of Lancaster City of Lancaster (Prime) Slow Street Imps. (661) 723-6000 $153,000.00 City of San Bernardino City of San Bernardino (Prime) FY 2022-2023 Citywide Restriping (909) 384-5045 $270,000.00 Ontario Int. Airport Coffman Spec. Runway 8R/26L Rehab (858) 536-3100 $485,000.00 Riverside County Riverside County (Prime) County-Wide RPM Replacement (951) 955-6804 $180,000.00 City of Redlands Matich Corp. PMP 2022 Street Resurfacing (909) 382-7400 $425,000.00 City of Palm Desert Matich Corp. Fred Waring Street Rehab (909) 382-7400 $42,495.00 City of Laquinta / Indio (JV) PMI Slurry Seal of Jefferson St and Other Roads (760) 603-0961 $680,000.00 MCAS Miramar Romero Q4 Rubber Removal and Runway Restripe (760) 781-3646 $165,000.00 CVAG Ames Construction CV Link Segment 1 (602) 431-2111 $715,000.00 Page 5 of 7 Page 315 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA Subcontractors: - With Cal Stripe’s vast equipment and staff of over 50 Laborers, all signatory to LIUNA 1184, all services will be conducted with our own forces. Page 6 of 7 Page 316 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA Proposed Method of Work: • Once a segment of work is issued by the City of Palm Desert, Adam will provide a budgetary price, based on unit pricing per the RFP. Included with the price will be a map highlighting the area and scope of work to be performed. This will enable the city to follow our progress, and this will provide an on-track price for said scopes of work. A preconstruction meeting will always be welcomed and encouraged to ensure the city is receiving the management it needs to complete the project or task at hand. • A “Mobilization / Move-In” will only be applied to Work Order value of under $5000.00. • All units provided are considered to be restriping of existing stripe and or marking s. The city must determine whether it will be thermoplastic or traffic paint materials. • The current 6” details, per 2018 Caltrans Standards will be implemented. • A baseline schedule will be provided to allow the city to properly track and inspect the work, as needed. • All pricing provided is complete, in place, including equipment, materials, labor and taxes included. • When curb painting is required, Cal Stripe will clean prep and or scrape the existing loose flaking paint and dirt off the surface. Once it is cleaned, it will be repainted according to the city’s requirement. • The green preformed thermoplastic Bike Lane Markings will be per City Std 205 , following the manufacturer’s installation instructions. • The green preformed Sharrow marking will be per City Std. 205H , following the manufacturer’s instructions. • When the city requires removals, it will be required to determine the method. Either by grinding, or waterblasting. Since AQMD and Caltrans doesn’t allow dry sandblasting, this method will not be used, due to the silica sand content. o If Grinding is preferred, Cal Stripe will use a Shibeci Polyplaner and a street sweeper, with water to contain the debris. Once debris is contained, it will be properly disposed of at a local waste facility. o If the waterblasting method is preferred, Cal Stripe will use its Stripe Hog SH8000 Blaster Unit. The water must be disposed of in a washout pit or a clean sewer drain, and the solids will be disposed of at a local waste facility. o Neither method includes any hazardous testing and or disposal of any kind. o If the city cannot provide an area for dumping of solid grinding removal debris, the item for disposal will be applied. Page 7 of 7 Page 317 of 382 Page 318 of 382 4-24-2023-SF STRIPING RFP PROPOSAL February 22, 2024 BIDS ON: 2/22/2024 PROJECT DESCRIPTION: On-Call Citywide Roadway & Parking Lot Striping OWNER: City of Palm Desert CONTRACT / PROJECT NO: MST0000 (564-23) 1. If this proposal is accepted, it is to be incorporated as an exhibit to the Contract or purchase order. A signed purchase order, or subcontract, is required prior to commencement of any work associated with this proposal. A baseline schedule, complete set of plans and specs (includ ing special provisions) to be provided with the subcontract agreement. 2. The Owner is to provide monthly progress payments for all completed work in accordance with the bid pricing schedule. Monthly progress payments must be received in full by Cal Stripe no later than 10 calendar days after completion. Retention percentage on monthly progress payments to be no greater than the percentage retained by the Owner. Full retention to be released no later than thirty (30) days after completion of Cal Stripe’s stage, phase, or permanent work. 3. All changes to the original scope of work or proposed extra work must be directed by the Owner in writing prior to Cal Stripe performing this work. No additional work will be performed without written authorization. 4. All work must have an executed change order or P.O. prior to Cal Stripe scheduling the work. 5. Any required Testing, Engineering, Design, Permits, Licenses or Applications, COVID type and the like are to be provided by the Owner. 6. For the purpose of this Quotation, one (1) move-in is considered to be a period of consecutive eight (8) hour days of continuous work, not including holidays. Any discontinuities in this period, other than holidays, or for our own convenience, will be charged as an additional move-in at the additional move-in charge stated below. 7. Traffic control plans are not included. All plans are to be provided by the Owner. 8. Cal Stripe requires the work area to be unobstructed by other operations and or projects while stripe removal and or stripe installation is being performed. Additional Term(s): A. The following materials and services are included in this quote: Thermoplastic Stripe / Markings [YES] – Painted Stripe / Markings [YES] – Reflective / Non-Reflective Markers [YES] – Layout [YES] – Removals [YES] – Disposal of Solid Debris Only [YES] – Testing of Any Kind [NO] – Roadside Traffic Signs [YES] – Preformed Green Thermoplastic Markings [YES] B. A Minimum Call Out, Work Order or Task Order for Any Work of $5000.00 or less will require a “Mobilization / Move-In” Charge to be applied. C. Traffic control will be implemented as per the WATCH Manual. Traffic Control Plans are Not Included. D. CMS Boards, if required, are to be furnished and maintained by the Owner. E. A Task Order, Work Order or P.O. for work requested must be provided and executed prior to commencement of any work. Page 1 of 3 2040 East Steel Road, Colton Ca 92324 Phone: (909) 884-7170 Fax (909) 884-7106 Cell: (909) 206-7206 General Engineering Class A CA # 685387 DIR# 1000001100 Signatory to Laborers Union Local 1184 ESTIMATOR: Adam Lippa Estimators alippa@calstripe.com Page 319 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA PROJECT: On-Call Citywide Roadway & Parking Lot Striping BID DATE: 2/22/2024 ITEM QTY UNIT DESCRIPTION UNIT $TOTAL 1 1 EA Mobilization / Move-In (Only Applies If Work Order is Under $5000.00)$3,225.00 3,225.00$ 2 1 LF Layout of New Stripe or New Markings.$0.12 0.12$ 3 1 LF Removal of Existing Traffic Stripe by Grinding $0.55 0.55$ 4 1 SQFT Removal of Existing Pavement Marking / Legend by Grinding.$1.60 1.60$ 5 1 LF Removal of Existing Traffic Stripe by Waterblasting.$3.20 3.20$ 6 1 SQFT Removal of Existing Pavement Marking / Legend by Waterblasting.$1.07 1.07$ 7 1 EA Disposal of Solid Removal Debris.$2,675.00 2,675.00$ 6" DETAIL PAINT ITEMS: 8 1 LF Paint 12" Limit Line / Crosswalk.$2.25 2.25$ 9 1 EA Paint Stop Legend.$55.00 55.00$ 10 1 EA Paint Stop Ahead Legend.$135.00 135.00$ 11 1 EA Paint Signal Ahead Legend.$160.00 160.00$ 12 1 EA Paint Ped Xing Legend.$100.00 100.00$ 13 1 EA Paint Keep Clear.$160.00 160.00$ 14 1 EA Paint Type I (10') Arrow.$35.00 35.00$ 15 1 EA Paint Type III Arrow.$105.00 105.00$ 16 1 EA Paint Type IV Arrow $45.00 45.00$ 17 1 EA Paint Type VI Arrow.$105.00 105.00$ 18 1 EA Paint Type VII Arrow.$70.00 70.00$ 19 1 EA Paint Bike Lane Legend.$50.00 50.00$ 20 1 EA Paint Golf Cart Legend.$40.00 40.00$ 21 1 EA Paint Yield Legend.$60.00 60.00$ 22 1 EA Paint Yield Teeth Markings.$15.00 15.00$ 23 1 LF Paint Detail 1 (Yellow Skip) - 6" Detail $0.25 0.25$ 24 1 LF Paint Detail 8 (White Skip) - 6" Detail $0.25 0.25$ 25 1 LF Paint Detail 11 (White Skip) - 6" Detail $0.30 0.30$ 26 1 LF Paint Detail 24 (Yellow Solid) - 6" Detail $0.35 0.35$ 27 1 LF Paint Detail 27B (White Solid) - 6" Detail $0.35 0.35$ 28 1 LF Paint Detail 21 (Double Yellow) - 6" Detail $0.75 0.75$ 29 1 LF Paint Detail 28 (Double Yellow Median) - 6" Detail $1.50 1.50$ 30 1 LF Paint Detail 31 (2-Way Double Left) - 6" Detail $1.40 1.40$ 31 1 LF Paint Detail 37B (8" Lane Drop)$0.55 0.55$ 32 1 LF Paint Detail 38A (8" Channelizing Line)$0.55 0.55$ 33 1 LF Paint Detail 39A (Bike Lane Drop Line)$0.35 0.35$ 34 1 LF Paint Detail 39 (6" Solid Bike Lane)$0.35 0.35$ 35 1 LF Paint Detail 40 (White Intersection Line) - 6" Detail $1.50 1.50$ 36 1 LF Paint Detail 41 (Yellow Intersection Line) - 6" Detail $1.50 1.50$ 37 1 LF Paint Single Line Parking Stall.$1.75 1.75$ Page 2 of 3 Page 320 of 382 CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA ITEM QTY UNIT DESCRIPTION UNIT $TOTAL THERMOPLASTIC ITEMS: 38 1 LF Thermoplastic 12" Limit Line / Crosswalk.$3.50 3.50$ 39 1 EA Thermoplastic Stop Legend.$85.00 85.00$ 40 1 EA Thermoplastic Stop Ahead Legend.$210.00 210.00$ 41 1 EA Thermoplastic Signal Ahead Legend.$245.00 245.00$ 42 1 EA Thermoplastic Ped Xing Legend.$155.00 155.00$ 43 1 EA Thermoplastic Keep Clear.$245.00 245.00$ 44 1 EA Thermoplastic Type I (10') Arrow.$55.00 55.00$ 45 1 EA Thermoplastic Type III Arrow.$165.00 165.00$ 46 1 EA Thermoplastic Type IV Arrow $60.00 60.00$ 47 1 EA Thermoplastic Type VI Arrow.$165.00 165.00$ 48 1 EA Thermoplastic Type VII Arrow.$105.00 105.00$ 49 1 EA Thermoplastic Bike Lane Legend.$85.00 85.00$ 50 1 EA Thermoplastic Golf Cart Legend.$45.00 45.00$ 51 1 EA Thermoplastic Yield Legend.$90.00 90.00$ 52 1 EA Thermoplastic Yield Teeth Markings.$25.00 25.00$ 53 1 LF Thermoplastic Detail 1 (Yellow Skip) - 6" Detail $0.40 0.40$ 54 1 LF Thermoplastic Detail 8 (White Skip) - 6" Detail $0.40 0.40$ 55 1 LF Thermoplastic Detail 11 (White Skip) - 6" Detail $0.50 0.50$ 56 1 LF Thermoplastic Detail 24 (Yellow Solid) - 6" Detail $0.55 0.55$ 57 1 LF Thermoplastic Detail 27B (White Solid) - 6" Detail $0.55 0.55$ 58 1 LF Thermoplastic Detail 21 (Double Yellow) - 6" Detail $1.10 1.10$ 59 1 LF Thermoplastic Detail 28 (Double Yellow Median) - 6" Detail $2.20 2.20$ 60 1 LF Thermoplastic Detail 31 (2-Way Double Left) - 6" Detail $2.10 2.10$ 61 1 LF Thermoplastic Detail 37B (8" Lane Drop)$0.75 0.75$ 62 1 LF Thermoplastic Detail 38A (8" Channelizing Line)$0.85 0.85$ 63 1 LF Thermoplastic Detail 39A (Bike Lane Drop Line)$0.60 0.60$ 64 1 LF Thermoplastic Detail 39 (6" Solid Bike Lane)$0.60 0.60$ 65 1 LF Thermoplastic Detail 40 (White Intersection Line) - 6" Detail $1.75 1.75$ 66 1 LF Thermoplastic Detail 41 (Yellow Intersection Line) - 6" Detail $1.75 1.75$ 67 1 LF Thermoplastic Single Lined Parking Stall.$2.00 2.00$ MISC. ITEMS: 68 1 EA Furnish MUTCD Roadside Traffic Sign (Up to 30")$150.00 150.00$ 69 1 EA Furnish MUTCD Roadside Traffic Sign (36" to 48")$195.00 195.00$ 70 1 EA Furnish and Install City Approved Sign Post.$150.00 150.00$ 71 1 HR Street Sweeping Services.$195.00 195.00$ 72 1 LF Scrape, Clean and Repaint Existing Paint Curb.$2.20 2.20$ 73 1 EA Installation of Non-Reflective Pavement Marker.$4.15 4.15$ 74 1 EA Installation of Reflective Pavement Marker.$3.50 3.50$ 75 1 EA Furnish and Install Green Preformed Thermoplastic Bike Lane Legend per City STD 205 $1,995.00 1,995.00$ 76 1 EA Furnish and Install Green Preformed Thermoplastic Bike Lane Sharrow Marking per the City STD. 205H.$895.00 895.00$ 77 1 SQFT Install Green Preformed Thermoplastic Detail 39A Conflict Zone.$18.25 18.25$ Page 3 of 3 Page 321 of 382 Page 322 of 382 Contract No. ___________ Exhibit “C” PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Cal-Stripe Inc., (hereinafter referred to as the “Contractor”) an agreement for On-Call Citywide Roadway and Parking Lot Striping Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated April 1, 2024, (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, Cal-Stripe, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Four Hundred Fifty Thousand Dollars, ($450,000), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such Page 323 of 382 Contract No. ___________ 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 324 of 382 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By ________________________ Title_______________________________ (Corporate Seal) Surety By_________________________________ Title_______________________________ Attorney-in-Fact (Attach Attorney-in-Fact Certificate) 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 325 of 382 Contract No. ___________ 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 326 of 382 Contract No. ___________ 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 327 of 382 Contract No. ___________ PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed March 28, 2024, has awarded to Cal-Stripe, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: On-Call Citywide Roadway and Striping Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 1, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of Four Hundred Fifty Thousand Dollars, ($450,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or Page 328 of 382 Contract No. ___________ 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 329 of 382 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By ________________________ Title_______________________________ (Corporate Seal) Surety By __________________________________ Title_______________________________ Attorney-in-Fact (Attach Attorney-in-Fact Certificate) 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 330 of 382 Contract No. ___________ 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 331 of 382 Contract No. ___________ 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 332 of 382 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: APPROVE AN EMERGENCY GRANT PROGRAM IN AN AGGREGATE AMOUNT NOT TO EXCEED $1,500,000 FOR COMMERCIAL PROPERTY OWNERS AND HOMEOWNERS ASSOCIATIONS LOCATED ALONG INTERSTATE 10 AND AFFECTED BY TROPICAL STORM HILARY RECOMMENDATION: 1. Approve emergency grant program in an aggregate amount not to exceed $1,500,000 for commercial property owners and homeowners associations located along Interstate 10 and impacted by Tropical Storm Hilary. 2. Authorize the Finance Director to appropriate funds in the amount of $1,500,000 from General Fund Emergency Reserves to Account No. 1104159-4219100. 3. Authorize the City Attorney to prepare all necessary documents and make any non-monetary changes to the agreement. 4. Authorize City Manager to execute agreements and any documents necessary to effectuate actions taken herewith. BACKGROUND/ANALYSIS: On August 20, 2023, Tropical Storm Hilary brought unprecedented rain to Palm Desert. Flood waters and debris from the Morongo Valley basin overwhelmed the City’s storm drain system, catch basins, culverts, and other infrastructure used to convey flood water. Many of the storm channels were silted with over five feet of sediment and debris. The damage caused by the storm highlights the need for the City to prioritize infrastructure maintenance and preparedness to ensure public safety during severe weather events. In response to the aftermath of Tropical Storm Hilary, which inflicted significant damage to commercial property owners and homeowners associations (eligible properties) in north Palm Desert along the Interstate 10 corrido r, staff is proposing an implementation of $1,500,000 in emergency grants. Each grant, with a maximum allocation of $200,000 each, aim s to cover up to 35% of the costs for eligible properties' external cleanup, repair, and restoration efforts. For instance, if a property owner incurs about $572,000 in such expenses, they would be eligible for a reimbursement of up to $200,000, representing the maximum allocation per grant. The boundary extends 250 feet south of Interstate 10, between Miriam Way and Washington Street, effective the northern limits of Palm Desert The focus on the northern portion of Palm Desert for the Program is driven by the significant damage caused by Tropical Storm Hilary along the Interstate 10 corridor, necessitating urgent assistance for affected commercial property owners and homeowners associations. The proposed grant program (Program) underscores the City’s responsibility to promote the general welfare and address the collective needs and interests of its residents. Page 333 of 382 City of Palm Desert (Tropical Storm Hilary Grant Program) Page 2 of 2 The primary objective of these grants is threefold: to support property cleanup efforts, address damage incurred as a result of Tropical Storm Hilary, and ensure the proper functioning of the City’s integrated drainage systems within the affected area. To qualify, eligible properties must submit a formal cleanup plan outlining the scope of work to be undertaken prior to commencing work. That formal cleanup plan will be reviewed by City staff and then inspected at the end of the project to ensure that the agreed upon scope was satisfactorily performed prior to grant proceed disbursements. Note that use of grant funding by eligible properties is subject to State prevailing wage requirements. The Program focuses on assisting commercial property owners and homeowners associations because their properties play a significant role in serving broader public interests and needs. Individual homeowners and renters, as well as tenants on commercial properties are ineligible for the Program. Likewise, homeowners associations that have previously received funding are ineligible. Completed work is also excluded from eligibility. Furthermore, the disbursement of grant funds on a reimbursement basis will be subject to strict monitoring and auditing procedures. Grant funds may be reimbursed in stages as work progresses (completion points), including at 25%, 50%, 75%, and 100%. This approach ensures that funding reflects the extent of completed work. It is important to note the Program will remain in effect until funds are exhausted, with the possibility of reinstatement contingent upon continued funding approval by the City Council. This comprehensive approach aims to expedite the recovery process for affected properties and mitigate the long-term impact of Tropical Storm Hilary along Interstate 10. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The recommendation carries a fiscal impact of $1,500,000 from General Fund Emergency Reserves. The ultimate financial impact will depend on commercial property owners and homeowners associations’ requests for assistance and the advancement of the proposed cleanup and repair projects. In addition, the implementation of this recommendation may incur ancillary administrative costs related to monitoring, auditing, and oversight of grant disbursements, which will be managed within existing depa rtmental budgets. Where eligible, staff will attempt to procure Federal and/or State grant funds for all storm-related costs. ATTACHMENTS: 1. Grant Program Boundary Map 2. Program Guidelines Page 334 of 382 Page 335 of 382 Page 336 of 382 City of Palm Desert / Public Works Department Emergency Grant Program – Tropical Storm Hilary Program Guidelines 73-510 Fred Waring Drive • Palm Desert • California • 92260 • (760) 776-6450 Overview In response to the aftermath of Tropical Storm Hilary, which inflicted significant damage for commercial property owners and homeowners associations (Properties) in north Palm Desert along the Interstate 10 corridor, the City of Palm Desert (City) has created an Emergency Grant Program (Program) to offer financial relief to affected commercial properties that may still have cleanup efforts. The grants, with a maximum allocation of up to $200,000 each, aim to facilitate up to 35% of the external cleanup, repair, and restoration efforts for Properties. Note the eligible Properties shall be located within 250 feet south of Interstate 10, between Miriam Way and Washington Street. If you have any questions, please call (760) 776-6450 or email publicworks@palmdesert.gov. Eligibility & Criteria • Funds shall be used for external cleanup, repair, and restoration efforts of Properties affected by Tropical Storm Hilary, and ensure proper functioning of drainage systems in the affected area. • Properties shall be located in Palm Desert and within 250 feet south of Interstate 10, between Miriam Way and Washington Street. • Eligibility extends to homeowners associations and commercial property owners exclusively. • Request for completed work is ineligible as the Program is not retroactive. • Be in good standing with City and the Secretary of State. • Current City Business License at the time of application. • Only one-time grant per selected Property. • No employees, elected officials, agents, nor businesses that have an interest held by any of the aforementioned, nor those businesses currently under contract with the City of Palm Desert, may qualify. Approval & Submittal Process • Application to be accepted between April 8, 2024 (8:00 a.m.) and May 6, 2024 (5:00 p.m.). • Following the application period, a Committee will review applications based upon need and additional criteria, and make recommendations to the City Manager or designee for approval. • Application available at www.palmdesert.gov/connect/hurricane-hilary. Page 337 of 382 Emergency Grant Program Guidelines 2 | P a g e • A current business license, copy of most recent taxes, a W-9 and supporting documentation if established as a corporation (i.e. articles of incorporation or statement of information) must be provided at time of application; applications that do not provide all of the information requested will be rejected. • Approval of funding is at the sole discretion of the City of Palm Desert. Funding • Total available funds for Program: $1,500,000. • No minimum amount per grant; maximum amount not-to-exceed $200,000 per grant. • Grant funds shall cover up to 35% of the external cleanup, repair, and restoration costs. • Must submit a formal cleanup plan outlining the scope of work prior to commencing work . • Disbursement of grant funds will be subject to strict monitoring and auditing procedures. • Funding may be dispersed in stages as work progresses (25%, 50%, 75% and 100%) on a reimbursement basis. • Must provide support documentation sufficient for the City to receive reimbursement. Notice & Disclaimer • Use of grant funding is subject to State prevailing wage requirements. • The City makes no representations as to the tax implications of the loan program. • The Properties under the Program will receive an IRS Form 1099, if applicable, reporting the amount of payments as taxable income for federal and state income tax . • The Properties must provide a completed IRS Form W-9 showing the business social security number or federal taxpayer identification number before the loan payments can be made . • The City is unable to provide legal or tax advice to businesses and encourages you to seek appropriate professional advice on the federal and state tax implications of any funds received from the City under this program. • Applications are subject to the Public Records Act. • Incomplete applications will be rejected and will not qualify for funding. • The Properties shall indemnify the City of all damages related to Tropical Storm Hilary. Page 338 of 382 Proposed Grant Program March 28, 2024 Page 339 of 382 TROPICAL STORM HILARY Page 340 of 382 Storm Recovery: Spanish Walk •Performed about $175,000 of cleanup activities •FEMA did not cover private property damages •Most properties did not have flood insurance •Other commercial property owners & HOAs have requested similar assistance Page 341 of 382 •Repair drainage infrastructure & remove debris underway (North Palm Desert) •Work ongoing to drain & desilt basins east of Cook Street •Debris & silt still present on properties & drainage systems –why important? •Properties use basins & impact storm drains & channels if not maintained properly •Debris in storm drains limit the effectiveness of the City’s drain system & cause flooding Storm Recovery: Desilt Channels & Repair Basins Page 342 of 382 Storm Recovery: Proposed Grant Program •Purpose: •Assist with cleanup activities for storm drain systems & debris removal that serve broader public interests & needs •Total Program Budget: $1,500,000 •Award Per Property: •Up to $200,000 (35% match) •Reimbursement basis •Not retroactive •Prevailing wage (under $15,000 exempt) •Coverage Area: 250’ south of I-10 (Miriam Wy. to Washington St.) •Eligible Properties: •Commercial property owners •Homeowners associations (HOAs) •Ineligible Properties: •Residential property owners •Commercial property tenants •Previously assisted commercial properties & HOAs Page 343 of 382 Eligible Area Page 344 of 382 Recommendation APPROVE GRANT PROGRAM GUIDELINES APPROPRIATE $1,500,000 IN RESERVES FINALIZE APPLICATION PROCESS BEGIN APPLICATION PERIOD (APRIL 8TH) Page 345 of 382 Questions Page 346 of 382 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: APPROVE REPLACEMENT OF A BRONZE PLAQUE AT THE DESERT HOLOCAUST MEMORIAL RECOMMENDATION: Approve replacement of a bronze plaque at the Desert Holocaust Memorial. BACKGROUND/ANALYSIS: The Desert Holocaust Memorial by Dee Clements was paid for and donated to the City of Palm Desert by the Holocaust Survivors of the Desert in 1995. The memorial, located at the Civic Center Park, took years to plan and construct and was a thoughtful and collaborative process between the donor, the artist, and the City. It sees thousands of visitors each year, including students for educational tours and those gathering annually on Holocaust Remembrance Day. It was recently brought to the City’s attention that the wording used on one of the signs installed at the memorial contains a derogatory term commonly associated with those of Roma/Romani descent. Specifically, the sign describing each figure in the center of the memorial, under “The Dying Man” it references “gypsies” which carries negative connotations. Staff contacted CEO Alan Potash with Jewish Federation of the Desert to explore changing the language who offered to reach out to multiple people in the field of Holocaust education to get their opinion on updating the wording. Below is what was recommended. Current language: “Alone, silent, dying, his death represents the reality of bigotry, ignorance, and hatred that has taken him to its inevitable end. He represents the 11,000,000 million people who died in the Holocaust, Jews, Christians, Gypsies, Mentally Ill, Physically Handicapped, Homosexual and many others, that were killed in the name of Nazism and the sickness it stood for.” Proposed language: “Alone, silent, dying, his death represents the reality of bigotry, ignorance, and hatred that has taken him to its inevitable end. He represents the six million Jews and millions of others, including political opponents, homosexuals, disabled, Roma, and others who met their demise due to Nazi persecution and mass murder.” Legal Review: This report has been reviewed by the City Attorney’s office. Page 347 of 382 City of Palm Desert Approve replacement of a bronze plaque at the Desert Holocaust Memorial Page 2 of 2 FINANCIAL IMPACT: The cost to replace the sign to include installation should not exceed $3,500. Funding for this is available in the Public Art Fund. ATTACHMENT: Photo of the current sign at the Desert Holocaust Memorial. Page 348 of 382 Page 349 of 382 Page 350 of 382 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: APPROVE PLACEMENT OF PEACE POLE AT THE COMMUNITY ROSE GARDEN IN CIVIC CENTER PARK RECOMMENDATION: Approve Placement of Peace Pole at the Community Rose Garden in Civic Center Park. BACKGROUND/ANALYSIS: Mr. Tom Swann-Hernandez, Post Commander of Frank Moulton American Veterans (AMVETS) Post 66 of Palm Springs, has requested to place a “Peace Pole” at the Community Rose Garden at the Civic Center Park. The eight-foot-tall Peace Pole is made of upcycled white vinyl PVC and will have four panels with black lettering that reads: “May Peace Prevail on Earth” in four languages – English, Spanish, Hebrew, and Arabic, as well as a brass braille plate. AMVETS will provide the Peace Pole with a brass dedication plate that reads “PEACE POLE – DEDICATED ON (date) BY AMVETS POST 66”. Maintenance should be minimal and only include cleaning the PVC pole, which will be installed by the City in one of the planters onsite. AMVETS understands that the Peace Pole may deteriorate over time and it will either need to be replaced at their cost or removed to mai ntain the integrity of the Community Rose Garden and the park. The Peace Pole Project was started in Japan by Masahisa Goi (1916 -1980) who dedicated his life to spreading the message, May Peace Prevail on Earth, after the destruction caused by World War Il. The Peace Pole Project is a signature project of May Peace Prevail on Earth International inviting peace makers throughout the world to plant Peace Poles in their communities. It is estimated that there are over 200,000 Peace Poles in the world on ever y continent which have been planted over many decades. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: Funding for installation of the Peace Pole is estimated at $200 and is available in Public Works Account Number 1104611-4391000. ATTACHMENTS: 1. Written Request for Peace Pole Installation 2. Photos of Peace Poles 3. Photos of Community Rose Garden Page 351 of 382 Page 352 of 382 March 16, 2024 TO PALM DESERT CITY COUNCIL MEMBERS March 28, 2024 Council Meeting Dear City Council: Frank Moulton American Veterans (AMVETS) Post 66 of Palm Springs is a not-for-profit veteran service organization chartered by Congress. We have honored many local Holocaust Survivors at our annual Memorial Day Awards Luncheons. We sponsor the annual Veterans Day ceremony in Cathedral City. We present awards each year on September 21 which is International Day of Peace. We wish to install and dedicate a Peace Pole at the city Memorial Rose Garden. We believe this will be the first Peace Pole in Palm Desert. The Peace Pole will be a symbol of our desire for world peace. Peace Poles are the most widely known symbol of world peace and are located in over 180 countries around the world. The Peace Pole is vinyl and eight foot tall and says “May Peace Prevail on Earth” in four languages. Those languages are English, Spanish, Hebrew and Arabic. There will be a brass braille plate. We have previously dedicated Peace Poles outside of the Cathedral City Library. Also, at Saul Martinez Elementary School in Meca, Desert Mirage High School in Thermal, Desert Hot Springs High School, Shea’s Veteran Center in Desert Hot Springs, Turtle Island Joshua Tree and Congressional Cemetery in Washington D.C. There will be a brass dedication plate on the Peace Pole. It will say the following: PEACE POLE PALM DESERT COMMUNITY ROSE GARDEN DEDICATED ON _____(Date) BY AMVETS POST 66 Please do not hesitate to reach out to me. You can contact me at (760) 324-5670 or tomswannhernandez@earthlink.net Sincerely, Tom Swann Hernandez Founder and Commander AMVETS Post 66 151 Lincoln Downs Street Rancho Mirage, CA. 92270 (760) 324-5670 tomswannhernandez@earthlink.net Page 353 of 382 Page 354 of 382 Samples of Peace Poles Page 355 of 382 Samples of Peace Poles Page 356 of 382 Samples of Peace Poles Page 357 of 382 Samples of Peace Poles Page 358 of 382 Community Rose Garden at Civic Center Park Page 359 of 382 Page 360 of 382 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM.” BACKGROUND/ANALYSIS: On September 30, 2021, the City Council adopted Resolution No. 2021-61 establishing a policy for the selection of the Mayor and Mayor Pro Tem. This resolution established a seniority-based selection process with provisions addressing situations in which tw o or more members in the same district are sworn into office on the same day as well as when two or more members are sworn into office on the same day from different districts. These provisions no longer apply to a five-district electoral system; therefore, it is necessary to establish new procedures. On February 15, 2024, the City Council confirmed the appointment of Mayor Pro Tem Harnik and Mayor Quintanilla to a City Council Ad Hoc Committee on the selection procedures for the Mayor and Mayor Pro Tem. On March 11, 2024, the Ad Hoc Committee met with City staff to discuss potential options for the selection of the Mayor and Mayor Pro Tem. The Committee reviewed methods for selecting a Mayor and Mayor Pro Tem and has recommended adoption of the attached R esolution establishing a district-based rotation process. Procedure Highlights:  In December 2024, the Mayor Pro Tem shall succeed to the position of Mayor and the longest serving Councilmember, without having previously served as Mayor, shall be Mayor Pro Tem.  In December 2025, the Mayor Pro Tem shall succeed to the position of Mayor. To commence a district-based rotation, the Councilmember representing District 3 shall be appointed Mayor Pro Tem. o District 3 was selected to commence the district-based rotation because Karina Quintanilla, representing District 1, and Jan Harnik, residing in District 2, were the immediately preceding Mayors and Districts 4 and 5 have not yet been elected.  In December 2026 and thereafter, the Mayor Pro Tem shall succeed to the position of Mayor and the Councilmember representing the next sequential district shall be appointed Mayor Pro Tem. Page 361 of 382 City of Palm Desert Resolution – Selection of Mayor and Mayor Pro Tem Page 2 of 3  A Councilmember shall not serve as Mayor during their first year on the City Council.  The City Council by four-fifths (4/5th) vote may remove the Mayor or Mayor Pro Tem. Furthermore, this policy includes provisions addressing situations in which the current Mayor Pro Tem is not re-elected, a Councilmember would be serving as Mayor during their first year, resignation or inability to serve as Mayor or Mayor Pro Tem, partial terms, and declining to serve. If these procedures result in no Councilmember being eligible to fill either position, then the City Council may vote anyone of its members to serve in an open nomination process. Chart 1: Forecast of Mayor and Mayor Pro Tem Appointments Mayor Mayor Pro Tem Nov-2024 Election: Districts 1, 2, & 3 Dec-2024 Harnik Trubee Dec-2025 Trubee District 3 Nov-2026 Election: Districts 4 & 5 Dec-2026 District 3 District 4 Dec-2027 District 4 District 5 Nov-2028 Election: Districts 1, 2, & 3 Dec-2028 District 5 District 1 Dec-2029 District 1 District 2 Nov-2030 Election: Districts 4 & 5 Dec-2030 District 2 District 3 Dec-2031 District 3 District 4 Nov-2032 Election: Districts 1, 2, & 3 Dec-2032 District 4 District 5 Dec-2033 District 5 District 1 Nov-2034 Election: Districts 4 & 5 Dec-2034 District 1 District 2 Dec-2035 District 2 District 3 Nov-2036 Election: Districts 1, 2, & 3 Dec-2036 District 3 District 4 Dec-2037 District 4 District 5 Alternative Models: Seniority Based Rotation: Alternatively, the City Council could choose to select the Mayor and Mayor Pro Tem based on a seniority rotation and below listed are the procedural highlights:  A Councilmember must have one or two years of service on the City Council before being eligible for service as Mayor and/or Mayor Pro Tem.  The Mayor and Mayor Pro Tem shall be the most senior Councilmembers, who have not yet served or have not served in the role for the longest period.  If two or more Councilmembers have the same number of years on City Council, a tie shall be determined by the number of votes received at the last election or coin toss. Page 362 of 382 City of Palm Desert Resolution – Selection of Mayor and Mayor Pro Tem Page 3 of 3 Open Nominations: Multiple cities select a Mayor and Mayor Pro Tem utilizing a traditional nomination and voting procedure. Usually, these cities utilize an informal seniority -based system, such as the next senior member that has not yet served as Mayor Pro Tem and Mayor or have not served in the role for the longest period. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with the action. ATTACHMENT: 1. Draft Resolution Page 363 of 382 Page 364 of 382 RESOLUTION NO. 2024-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM WHEREAS, on January 25, 2024, the Palm Desert City Council adopted Ordinance No. 1406 establishing a five (5) district electoral system; and WHEREAS, the Mayor and Mayor Pro Tem are peers of, and serve at the pleasure of, the other Councilmembers; and WHEREAS, the purpose of this Resolution is to implement a district-based rotation for the appointment of Councilmembers to the honorary positions of Mayor and Mayor Pro Tem. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. At the first City Council meeting in December 2024 and at the first City Council meeting in December of each year thereafter, the City Council shall appoint a Councilmember to serve as Mayor and a Councilmember to serve as Mayor Pro Tem in accordance with the following: 1. In December 2024, the Mayor Pro Tem shall succeed to the position of Mayor and the longest serving Councilmember, without having previously served as Mayor, shall be Mayor Pro Tem. 2. In December 2025, the Mayor Pro Tem shall succeed to the position of Mayor. To commence a district-based rotation, the Councilmember representing District 3 shall be appointed Mayor Pro Tem. 3. In December 2026 and thereafter, the Mayor Pro Tem shall succeed to the position of Mayor and the Councilmember representing the next sequential district shall be appointed Mayor Pro Tem. 4. If the Mayor Pro Tem is not re-elected, the Councilmembers representing the next eligible sequential districts shall be appointed Mayor and Mayor Pro Tem, respectively. 5. A Councilmember shall not serve as Mayor during their first year on the City Council. SECTION 2. In the event that a Councilmember would serve as Mayor during their first year on the City Council, that Councilmember shall forego their year of service as Mayor with a Councilmember representing the next sequential district eligible to serve as Mayor and the regular rotation shall resume. Page 365 of 382 Resolution No. 2024-011 P age 2 SECTION 3. If at any point in time a Councilmember serving as Mayor or Mayor Pro Tem resigns from the position or from the City Council, or otherwise is no longer able to continue serving in their capacity as Mayor or Mayor Pro Tem, the position shall be filled in the same manner as provided in these procedures. At the first City Council meeting in December thereafter, the process for selecting a new Mayor and Mayor Pro Tem shall be modified as follows: 1. If the Councilmember serving as Mayor served a partial term of six months or less, that Councilmember shall continue to serve as Mayor for an additional year. 2. If the Councilmember serving as Mayor Pro Tem served a partial term, that Councilmember shall continue to serve as Mayor Pro Tem unless there is an outgoing Mayor, in which case the Councilmember shall be appointed to serve as Mayor. SECTION 5. Notwithstanding any other provision of this section, a Councilmember may decline to serve as Mayor of Mayor Pro Tem. If a Councilmember declines to serve in either position, the selection of Mayor and Mayor Pro Tem shall continue as provided and the regular rotation shall resume. SECTION 6. Every District shall have an opportunity to serve as Mayor and Mayor Pro Tem every five (5) years unless a Councilmember declines their appointment. SECTION 7. In the event that these procedures for the appointment of Mayor and Mayor Pro Tem would result in no Councilmember being eligible to fill either position, then the City Council may vote to appoint anyone of its members to serve. SECTION 8. The City Council by a f our-fifths (4/5th) vote may remove the Mayor and/or Mayor Pro Tem. SECTION 9. The City Clerk of the City of Palm Desert shall certify the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City. ADOPTED ON MARCH 28, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Page 366 of 382 Resolution No. 2024-011 P age 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-011 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 March 28, 2024, by the following vote: AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA CITY CLERK Page 367 of 382 Page 368 of 382 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: March 28, 2024 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of March 28, 2024 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 2b: STUDY SESSION: UPDATE ON ANIMAL SERVICES CONTRACT WITH RIVERSIDE COUNTY ANIMAL SERVICES Q1: Page 25. Is this for Palm Desert only? A1: Yes, these are the total number of animals (dogs, cats, birds, others) sheltered annually for the City of Palm Desert. Q2: Page 25. How is this calculated? Are these numbers only relative to the Thousand Palms location? A2: These numbers reflect the total number of dogs and cats, the overall number of days in the shelter, and the average. For example, from July – February of this fiscal year, there were a total of 145 dogs & cats sheltered for 670 days, with an average of 5 sheltered days per animal. Our contract stipulates that animals shall be housed at the Coachella Valley Animal Campus in Thousand Palms. The County does have the discretion to take animals to other county f acilities at their discretion e.g. no capacity at the time etc. Q3: Does the City pay per animal that is taken in, or does the City pay for euthanasia fees? A3: The City pays a daily sheltering rate of $34.10 per day plus a $10.44 charge per impound for each dog or cat. There are no additional costs for euthanasia fees, or spaying/neutering a stray before they are adopted. Q4: Page 31. Has there been any interest from the community in having these again (mobile clinic)? How were they advertised? A4: Staff is not aware of any interest from the community in hosting mobile clinics. In 2013, when the last mobile clinic was held it was advertised at the Shelter, in Brightside, and flyers at City Hall. Page 369 of 382 03/28/2024 Question & Answer Memo Page 2 of 4 ITEM 13e: AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES Q1: What is the breakdown of their justification to increase account services by nearly $2000? A1: With the renegotiation of the operational contract with the YMCA, greater emphasis has been placed on marketing the Aquatic Center. The enhanced scope of work required more hours over the second quarter of the year, which correlates to a higher fee for account services. Q2: How many billboards is the City getting for $10,500? What is the ROI on billboards? A2: Billboards are useful for brand-building and reaching new audiences with information about the Aquatic Center. They are part of the previously approved PDAC budget, and placement has been spread out over the fiscal year as part of Lamar's digital billboard program. This program provides tremendous flexibility in messaging and placement, when compared to a traditional static billboard that would have one location and one message for the duration of the contract. Q3: Where will they be placed? A3: These digital billboards are placed in 10 locations around the valley, and the PDAC slot rotates from board to board, allowing the messaging to be seen in multiple locations. Q4: What website enhancements are they planning to implement for a $3,000 increase? A4: This fee is for a complete website redesign, including new photography, an updated, more user- friendly design, new programming, and reservation portals. ITEM 13f: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES Q1: What services are listed in the original contract with FG Creative, C43370? A1: Below is the scope of services outlined in Contract C43370: • Develop an annual budget that includes a comprehensive, strategic and diversified media plan and account management that promotes El Paseo to its target audience, in accordance with direction provided by the Board. This media plan should demonstrate maximum efficiency of spend and a clear ability to measure return on investment (ROI).  Negotiate, schedule, and maintain media buys in accordance with the approved media plan. Please note that all buys performed on behalf of the EPPBID must be billed at net amounts.  Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials.  Develop and implement a monthly merchant outreach program.  Attend and present pertinent updates at the monthly EPPBID Board meetings.  Evaluate all media proposals submitted to the Board and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the Board.  Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work.  Submit detailed invoices to include the projects and services worked on or completed with supporting documentation for the previous month's activities.  Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan and all outbound marketing. To include but not limited to: digital, print, radio and collateral material, and other elements, as mandated by the media plan. Page 370 of 382 03/28/2024 Question & Answer Memo Page 3 of 4  Create a strategic Social Media Plan and manage all aspects of the EPPBID social media channels, including but not limited to Facebook, Instagram, and Twitter. • Organize and manage two Merchant meetings per year if viable (Pre-Season and Post-Season). • Manage Public Relations efforts as needed on behalf of the EPPBID.  Agency shall represent EPPBID's voice and vision when working with media partners, in the best interest of the “El Paseo" brand. Q2: How often has EPPBID had to tap into their reserves in the last 6 years? A2: Fortunately, staff is not aware of any time the EPPBID has had to tap into its reserves to cover a budget shortfall. Because EPPBID funds fluctuate depending on revenues collected from members of the district, the board's first pass at its annual budget is always conservative, based on an average of the previous six years' revenue. As the actual revenues accrue, the board then revisits marketing priorities based on actual funds available in excess of its reserves and makes a mid-year budget adjustment. This careful approach allows the board to maintain good stewardship over its constantly fluctuating and unpredictable resources. Q3: How much was taken from the reserve in 2020? A3: When the pandemic hit in early 2020, the EPPBID Board drastically cut its budget to conserve funds in light of a projected drastic drop in revenue. As it turned out, sales of luxury goods were especially strong during the pandemic, so the district finished the year with more funds than anticipated, and the board did not have to tap into its reserves. Q4: What are the merchant relations that need to be enhanced? A4: The Board has prioritized merchant relations over the past several years to achieve its goals of supporting small store owners while ensuring that it is representing its members well. The results were positive in terms of having an engaged and active membership. For FY 2023-2024, the board reluctantly reduced the budget spent on merchant relations in order to address other marketing priorities. When deciding on how to apply a mid-year budget adjustment this year, the board voted to bring that line item back up to what it has been in past fiscal years. Q5: Will merchant relations be uniform from Highway 74 to Portola? A5: Yes, the monthly report highlights that an equal amount of time is spent on each block of the district. Q6: What enhancements are going to be made? A6: The budget increase allows for more one-on-one marketing meetings, more store visits, and greater support during the summer months. ITEM 13k: APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027) Q1: Won't it make more sense to request this work after a decision is made about the new library site? Might the available footprint be a significant variable in the design work? A1: The Architect’s scope of work for Conceptual Design Services will be required regardless of site location. The anticipated building program is approximately 20,000 to 25,000 SF. All sites currently being considered will support the required footprint. Funds for other preconstruction services and architect contingency identified in the Staff Report will be utilized to analyze the other sites. Page 371 of 382 03/28/2024 Question & Answer Memo Page 4 of 4 ITEM 14d: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM Q1: If there is a desire to maintain a seniority-based rotation for the position of Mayor and Mayor Pro Tem, may ties be broken by mutual agreement? Are there any rules which can be imposed that if a member declines service it does not result in a disruption to the normal rotation? A1: Yes, if the City Council prefers a seniority-based rotation it is permissible to allow ties to be broken by mutual agreement. Under this rule, if two or more members are tied, they may come to a mutual agreement on the sequence of who will serve as Mayor Pro Tem. If mutual agreement is not reached, it is recommended that ties be broken by lot (such as a coin toss, drawing straws, or high card from a standard deck). Under the current resolution, if a member declines service as Mayor Pro Tem ther e is no mechanism to reset the member’s seniority since last serving as Mayor, if ever. This results in the member who declined maintaining their seniority and having preference to serve as Mayor Pro Tem in future years. A rule may be imposed that if a member declines to serve, then that member’s future placement in the rotation will be as if they served in the year for which service is waived. Furthermore, it is recommended that the priority be based on “the longest continuous service since last serving as Mayor or Mayor Pro Tem, if ever.” This will ensure that a member who served as Mayor Pro Tem but declines service as Mayor will have their seniority reset. Page 372 of 382 PROCEDURES FOR SELECTION OF THE MAYOR & MAYOR PRO TEM City Council Meeting of March 28, 2024 Page 373 of 382 BACKGROUND February 15, 2024: Ad Hoc Committee Appointed March 11, 2024: Ad Hoc Committee Recommendation The City Council appointed Mayor Quintanilla and Mayor Pro Tem Harnik to an Ad Hoc Committee to review selection procedures for the positions of Mayor and Mayor Pro Tem. The Ad Hoc Committee met and considered seniority-based, district-based, and nomination-based options. The Committee recommended adoption of a district-based rotation. September 30, 2021: Current Procedures Adopted The City Council adopted Resolution No. 2021-61 establishing the current seniority-based rotation, adding provisions to address tie breakers when two or more members are in the same or different districts. Page 374 of 382 RESOLUTION NO. 2021-61 01 02 03 Seniority-Based Rotation: Members must have one year experience to serve as MPT and two years experience to serve as Mayor. Regular Rotation Same District Tie Breaker Different Districts Tie Breaker Priority shall be given to the Member with the longest continuous service since last serving as Mayor, if ever. When two or more Members are sworn into office the same day, the member with the highest number of votes shall be inserted first into the rotation. When two or more members are sworn in on the same day in different districts, ties shall be broken with a coin toss. Page 375 of 382 PROPOSED PROCEDURES In Dec. 2024, the MPT shall succeed to Mayor and the longest serving Member, without previous service as Mayor, shall be MPT. In Dec. 2025, the MPT shall succeed to Mayor. To commence a district-based rotation, the Member representing District 3 shall be MPT. Regular Rotation Minimum Exp. Removal Thereafter, the MPT shall succeed to Mayor and the member representing the next sequential district shall be MPT. A Member shall not serve as Mayor during their first year on City Council. The Mayor or MPT may be removed by 4/5ths vote of the City Council. MPT Not Re-Elected If the MPT is not re-elected, the newly- elected Member is not eligible to serve as Mayor. Therefore, the next eligible sequential district shall serve as Mayor and the regular rotation shall resume. Page 376 of 382 PROPOSED PROCEDURES (CONTINUED) Declining Service No Option A Member may decline to serve as Mayor or MPT. If declined, the next eligible sequential district shall fill the vacancy and the regular rotation shall continue. If these procedures result in no Member being eligible to serve in either position, then the City Council may appoint any of its members to serve. Resignation If the Mayor or MPT resigns, the next eligible sequential district shall fill the vacancy. If the new Mayor’s partial term is six months or less, that Member shall continue to serve as Mayor another year. Page 377 of 382 Hypothetical: Incoming Mayor Declines and Incumbent MPT Not Re-Elected Mayor MPT Dec. 2026 D-3 D-4 Dec. 2027 D-5 (D-4 Declines)D-1 Nov. 2028 Election: Districts 1, 2, and 3 Dec. 2028 D-2 (D-1 Not Re-Elected)D-3 Dec. 2029 D-3 D-4 Nov. 2030 Election: Districts 4 and 5 Dec. 2030 D-4 D-5 Dec. 2031 D-5 D-1 Nov. 2032 Election: Districts 1, 2, and 3 Dec. 2032 D-1 D-2 Regular Rotation Forecast Mayor MPT Dec. 2026 D-3 D-4 Dec. 2027 D-4 D-5 Nov. 2028 Election: Districts 1, 2, and 3 Dec. 2028 D-5 D-1 Dec. 2029 D-1 D-2 Nov. 2030 Election: Districts 4 and 5 Dec. 2030 D-2 D-3 Dec. 2031 D-3 D-4 Nov. 2032 Election: Districts 1, 2, and 3 Dec. 2032 D-4 D-5 Note: If an incumbent MPT is not re- elected, this will result in the next eligible sequential district serving as Mayor and forgoing their term as MPT fffdff Note: If an incoming Mayor declines service, this will result in the next eligible sequential district serving as Mayor and forgoing their term as MPT Page 378 of 382 ALTERNATIVE MODELS 01 02 03 Seniority-Based Rotation (Based on Existing Procedures): Members must have one year of experience to serve as MPT and two years of experience to serve as Mayor. Regular Rotation Tie Breaker Declining Service as MPT Priority shall be given to the Member with the longest continuous service since last serving as Mayor (or MPT), if ever. When two or more members are sworn in on the same day in different districts, ties shall be broken with a coin toss. If a Member declines service as MPT, that member shall retain their seniority and will have priority in subsequent years until such time as they decide to serve. Page 379 of 382 ALTERNATIVE MODELS 01 02 03 Seniority-Based Rotation (Based on Q&A Memo Response): Members must have one year of experience to serve as MPT and two years of experience to serve as Mayor. Regular Rotation Tie Breaker Declining Service as MPT Priority shall be given to the Member with the longest continuous service since last serving as Mayor or MPT, if ever. Mutual Agreement: It two or more members are tied, they may come to a mutual agreement on the sequence of serving as MPT. By Lot: If mutual agreement is not reached, ties will be broken by lot: coin toss, drawing straws, or high card from a standard deck. If a Member declines service as Mayor or MPT, then that member’s future placement in the rotation will be as if they served in the year for which service is waived. Page 380 of 382 ALTERNATIVE MODELS 01 02 03 Nomination-Based Rotation: Members will be solicited to nominate any eligible member to serve as Mayor or MPT. The City Council may impose minimum qualifications such as having served on City Council for a specified number of years in order to be eligible to serve as Mayor or Mayor Pro Tem. Floor Nominations Viva-Voce Election Majority Vote The presiding officer calls for nominations. A member may nominate any eligible member to the office. If there is more than one nominee, the candidates are voted upon in the order they were nominated. As soon as one of the nominees receives a majority vote, the candidate is declared elected. Page 381 of 382 QUESTIONS? Page 382 of 382