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Agenda Package - Palm Desert City Council - Regular Meeting_Sep12_2024
PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, September 12, 2024 Closed Session 3:15 p.m.; Regular Session 4:00 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, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. 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: CityClerk@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 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 - 3:15 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: August 22, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: Portola Community Center, 45480 Portola Avenue Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: N/A Under Negotiation: Price and Terms 4.b.2 Property Description: 72-567 Highway 111 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Artists Council Under Negotiation: Price and Terms 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Councilmember Kelly 7.INSPIRATION Mayor Quintanilla 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 Agenda September 12, 2024 2 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 19 RECOMMENDATION: Approve the Minutes of July 18, 2024, and August 22, 2024. 13.b APPROVAL OF WARRANT REGISTERS 41 RECOMMENDATION: Approve the warrant registers issued for the period 8/15/2024 to 8/26/2024. 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES 71 RECOMMENDATION: Receive and file applications for Alcoholic Beverage Licenses for: Palm Desert Local Mart, Inc., - 45200 Avenue 321, Palm Desert1. Petrie and Friends, LLC (Black Cat Pizza) - 72795 HWY 111 Suite G2, Palm Desert 2. La Quinta Brewing Company, LLC (La Quinta Brewing Co) - 747147 Technology Drive, Palm Desert 3. The Cheese Shop on El Paseo - 73280 El Paseo Suite 1, Palm Desert 4. Shake Shack California, LLC (Shake Shack #1529) - 73199 El Paseo Suite A, Palm Desert 5. APalmDesert, LLC (Dennys 9377) - 42455 Washington Street, Palm Desert 6. City Council Meeting Agenda September 12, 2024 3 13.d 2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT 95 RECOMMENDATION: Receive and file the 2024 Local Agency Biennial Notice.1. Direct staff to promulgate the necessary amendments and return to the City Council in December 2024 for adoption pursuant to the Political Reform Act. 2. 13.e APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT WITH KAM SANG COMPANIES, INC., FOR SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY PROPERTIES LOCATED AT DESERT WILLOW GOLF RESORT 99 RECOMMENDATION: Approve an Exclusive Negotiation Agreement (ENA) with Kam Sang Company, Inc., for acquisition of Lots C and D at Desert Willow Golf Resort. 1. Authorize the City Attorney to make any necessary nonmonetary changes to the ENA. 2. Authorize the City Manager to execute the ENA and any other documents necessary to effectuate this action. 3. 13.f APPROVE CHANGE ORDER NO. 3 FOR CONTRACT NO. C44200B TO AMERICAN LANDSCAPE, INC., OF CANOGA PARK, CALIFORNIA, FOR THE GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF RESORT (PROJECT NO. MLS00005) 127 RECOMMENDATION: Approve Change Order No. 3 to Contract No. C44200B with American Landscape, Inc., of Canoga Park, California, for the Firecliff Golf Course Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort (DWGR) in the amount of $395,901, plus a $40,000 contingency. 1. Appropriate $443,570 from the unobligated Desert Willow Capital Fund Balance to Account No. 4414195-4809200, DWGR Capital. 2. Authorize the City Attorney to make any necessary non-monetary changes to the change order. 3. Authorize the City Manager to execute the change order and to approve additional written contract change orders requests up to the contingency amount per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and authorize the City Clerk to file the NOC upon satisfactory completion of the project. 5. City Council Meeting Agenda September 12, 2024 4 13.g APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44470 WITH THE CHRISTMAS KINGS, INC., DBA SOUTHERN CALIFORNIA LIGHTING, INC., FOR ADDITIONAL SEASONAL LIGHTING (PROJECT NO. MLS00033) 157 RECOMMENDATION: Approve Change Order No. 1 to Contract No. C44470 with The Christmas Kings, Inc., dba Southern California Lighting, Inc., of Lake Elsinore, California, in the cumulative amount of $122,000, plus an annual contingency amount of $50,000 for additional areas. 1. Authorize extra work in the annual amount of $25,000 for unforeseen conditions and repairs. 2. Authorize the City Manager to execute the agreement, change orders, amendments, and any other documents necessary to effectuate these actions. 3. 13.h APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM SONSRAY MACHINERY 203 RECOMMENDATION: Approve the purchase of a 580 SN BACKHOE from Sonsray Machinery in the amount of $154,264.73, plus $5,000 in contingency for unforeseen costs. 1. Authorize the City Manager to execute all documents necessary to effectuate this action. 2. 13.i AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC. (CONTRACT NO. C48230) 209 RECOMMENDATION: Authorize the purchase of bench and waste bin replacements for El Paseo from Outdoor Creations, Inc., in the amount of $212,095.10. (Contract No. C48230) 1. Authorize appropriation in the total amount of $212,095.10 from Reallocated Capital Improvement Bond Proceed Funds to Account Number 4514679-5000102. 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action. 4. City Council Meeting Agenda September 12, 2024 5 13.j AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 3 (PROJECT NO. CLS00001) 233 RECOMMENDATION: Award Contract No. C47810 to Superb Engineering, Inc., of Banning, California, in the amount of $1,031,528.03, plus a $200,000 contingency, for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3. 1. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 2. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. 4. 13.k AMENDMENT NO. 4 TO CONTRACT NO. C28880 WITH BEST BEST & KRIEGER LLP FOR CITY ATTORNEY SERVICES, EXTENDING THE TERM TO AUGUST 31, 2025 293 RECOMMENDATION: Approve Amendment No. 4 to Contract No. C28880 with Best Best & Krieger LLP for City Attorney Services, extending the term to August 31, 2025. 1. Authorize the City Attorney to make necessary nonmonetary changes to the Agreement. 2. Authorize the Mayor to execute the Agreement.3. 13.l CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE BLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO 311 RECOMMENDATION: Approve construction of a new breeze block garden wall exhibit at a city- owned property at 72861 El Paseo. 13.m RATIFY A LETTER OF SUPPORT TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ ACCESS INDIAN CANYON DRIVE PROJECT 353 RECOMMENDATION: Ratify a letter of support to the U.S. Department of Transportation for the Coachella Valley Association of Governments’ ACCESS Indian Canyon Drive Project. City Council Meeting Agenda September 12, 2024 6 13.n RECEIVE AND FILE INFORMATIONAL REPORT ON ROAD CLOSURES SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL YEAR 2024-25 ROUTINE SPECIAL EVENTS 357 RECOMMENDATION: Receive and file informational report on road closures scheduled to occur on El Paseo associated with Fiscal Year 2024-25 routine special events: Desert Cancer Foundation’s Paint El Paseo Pink – October 19, 2024 1. Palm Desert Area Chamber of Commerce’s Golf Cart Parade – October 27, 2024 2. Martha’s Village and Kitchen’s Thanksgiving 5K – November 28, 2024 3. Palm Desert Charter Middle School Foundation’s Panther 5K – January 26, 2025 4. 13.o RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN STAUBER FROM THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS 359 RECOMMENDATION: Thank Susan Stauber for her many years of service on the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors. 1. Acknowledge the automatic removal of Susan Stauber from the EPPBID Board of Directors in accordance with Palm Desert Municipal Code Section 3.40.070(F). 2. 13.p RESOLUTION NO. 2024-068: SUPPORT FOR PROPOSITION 36, MODIFYING EXISTING LAWS RELATED TO PUNISHMENT OF THEFT AND DRUG CRIMES 367 RECOMMENDATION: Adopt Resolution No. 2024-068 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PROPOSITION 36, WHICH MODIFIES EXISTING LAWS RELATED TO PUNISHMENT FOR THEFT AND DRUG CRIMES BY CREATING INCENTIVES FOR ADDICTION TREATMENT, TREATING FENTANYL LIKE OTHER DANGEROUS DRUGS, AND DISCOURAGING RETAIL THEFT.” City Council Meeting Agenda September 12, 2024 7 13.q AWARD CONTRACT NO. C48320 TO UNITED STORM WATER INC., FOR THE ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM (PROJECT NO. MDR00004) 375 RECOMMENDATION: Award Contract No. C48320 to United Storm Water, Inc., for the On-Call Catch Basin and Drain Cleaning Program in an amount not to exceed $309,317 for the first year and $175,321 annually thereafter for a three-year term, with two one-year extensions. 1. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 2. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 3. 13.r AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE FEES TO BE PAID BY CUSTOMER 423 RECOMMENDATION: Amend the Electronic Payment Policy (Policy FIN-001) allowing convenience fees to be paid by customer. 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 DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING 425 RECOMMENDATION: Provide direction on whether to support or oppose the resolution proposed for the upcoming League of California Cities’ General Assembly Meeting. 14.b APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED DEVELOPMENT CODE 451 RECOMMENDATION: Appoint two members of the City Council to an Ad Hoc Subcommittee on the Unified Development Code. City Council Meeting Agenda September 12, 2024 8 14.c CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE PALM SPRINGS IN COACHELLA VALLEY 453 RECOMMENDATION: Approve a community event sponsorship in the amount of $30,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk. 1. Approve waiver of permit fees associated with event in an amount not to exceed $800. 2. Appropriate $30,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201. 3. 15.PUBLIC HEARINGS None. 16.INFORMATION ITEMS None. 17.ADJOURNMENT City Council Meeting Agenda September 12, 2024 9 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, CMC Assistant City Clerk City Council Meeting Agenda September 12, 2024 10 From:City Hall Mail To:Níamh Ortega Cc:Anthony Mejia Subject:FW: We Stand With Mayor Quintanilla Date:Thursday, September 5, 2024 7:41:13 AM Attachments:image.png From: Maliha Williamson Sent: Wednesday, September 4, 2024 9:15 PM To: City Hall Mail <cityhall@palmdesert.gov> Subject: We Stand With Mayor Quintanilla To Whom It May Concern, We are writing in strong support of Mayor Quintanilla and we strongly condemn the recent attacks on her and her integrity. Mayor Quintanilla has an exemplary record of staying engaged with her community and in uplifting and creating pathways for people to attain higher education and have access to quality healthcare. It is disheartening to hear the attacks against her, specifically the death threats. This is not something to be taken lightly. And, the City of Palm Desert needs to do better in stepping up and being more vocal about protecting their elected officials, against all threats. With Regards, Maliha Williamson President of Riverside County NOW (National Org. for Women) (951) 768-9885 11 From:City Hall Mail To:Níamh Ortega Cc:Anthony Mejia Subject:FW: Death Threats against Mayor Quintanilla Date:Thursday, September 5, 2024 7:41:42 AM From: Cassandra Madison Sent: Wednesday, September 4, 2024 10:18 PM To: City Hall Mail <cityhall@palmdesert.gov> Subject: Death Threats against Mayor Quintanilla To Whom It May Concern, We are writing in strong support of Mayor Quintanilla and we strongly condemn the recent attacks on her and her integrity. Mayor Quintanilla has an exemplary record of staying engaged with her community and in uplifting and creating pathways for people to attain higher education and have access to quality healthcare. It is disheartening to hear the attacks against her, specifically the death threats. This is not something to be taken lightly. And, the City of Palm Desert needs to do better in stepping up and being more vocal about protecting their elected officials against all threats. We urge the City of Palm Desert to take immediate action to address these threats and ensure the safety and well-being of Mayor Quintanilla. 12 13 From:City Hall Mail To:Níamh Ortega Cc:Anthony Mejia Subject:FW: Mayor Quintanilla Date:Monday, September 9, 2024 8:07:38 AM From: Lisa Marquise Sent: Friday, September 6, 2024 10:44 PM To: City Hall Mail <cityhall@palmdesert.gov> Subject: Mayor Quintanilla To Whom It May Concern, I support Mayor Quintanilla. The negative attacks and threats made against her are unacceptable and action must be taken. She’s a community leader, who’s helped people get access to healthcare, and education. I personally find the death threats especially troubling. Nobody should be expected to live in fear, and perpetrators who intend to pressure our public servants, or even do worse harm, shouldn’t be rewarded with anything less than a strong response from our City officials. Please take action to protect her. Lisa Marquise 14 From:Erika Castellano To:Níamh Ortega Cc:Anthony Mejia Subject:Andi Denney - 2024-09-10 Date:Tuesday, September 10, 2024 11:45:40 AM Attachments:civicacademy 405e0822-c73e-4284-8aa3-2db49044ae45.png Andi Denney - 2024-09-10.pdf Hi Niamh, This letter was received at City Hall. Thank you, Erika Castellano Management Specialist City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 ecastellano@palmdesert.gov | 760.776.6315 | www.palmdesert.gov Non-Agenda Public Comment 2-1 15 Non-Agenda Public Comment 2-2 16 Non-Agenda Public Comment 2-3 17 From:Keith Coleman To:CouncilMeeting Comments Subject:Mayor Quintanilla Date:Wednesday, September 11, 2024 11:32:15 AM I stand with the Mayor for her right to free speech. And I heartily agree with her comment. A one-sided political souvenir store makes El Paseo look trashy. What kind of people are you attracting or turning away? You should have learned that lesson with Denise Roberge and her hate-filled, crazed shop window. She does not need to feel threatened in her position and nobody should be carrying a gun during any city function. Keith Coleman. Non-Agenda Public Comment 2-4 18 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes July 18, 2024, 3:00 p.m. Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Evan Trubee Absent: Councilmember Gina Nestande 1. CALL TO ORDER A Special Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, July 18, 2024, at 3:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. ACTION CALENDAR 3.a ADOPTION OF A RESOLUTION NO. 2024-057 AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25 Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Adopt Resolution No. 2024-057 entitled “RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25.” Motion Carried (4 to 0) 3.b ADOPTION OF A RESOLUTION NO. 2024-058 AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25 Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Adopt a Resolution No. 2024-058 entitled “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25.” Motion Carried (4 to 0) 19 Palm Desert City Council Special Meeting Minutes July 18, 2024 2 4. ADJOURNMENT The City Council adjourned at 3:03 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 20 1 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes August 22, 2024, 2:45 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, August 22, 2024, at 2:49 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: PROPOSED TEXT AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 8.36, REGULATION AND PROHIBITION OF SMOKING Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries. 2.b STUDY SESSION: REGULATIONS FOR EXTERIOR LIGHTING AND ILLUMINATION ON COMMERCIAL BUILDINGS Scott Burke, Palm Desert business owner, shared his position on his property's compliance with the current ordinance, and requested clarification on the proposed changes to the ordinance. Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:31 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 21 22 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes August 22, 2024, 3:15 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla 1. CALL TO ORDER - CLOSED SESSION - 3:15 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, August 22, 2024, at 3:31 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. 3. RECESS TO CLOSED SESSION Mayor Quintanilla adjourned to Closed Session at 3:32 p.m. 4. CLOSED SESSION AGENDA The following items were considered in closed session: 4.a Closed Session Meeting Minutes: July 11, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: Approximately 30+ acres of undeveloped land near the intersection of Desert Willow Drive and Willow Ridge 4.c Public Employee Performance Evaluation pursuant to Government Code Section 54957 5. ROLL CALL - REGULAR MEETING Mayor Quintanilla reconvened the regular meeting at 4:06 p.m. 6. PLEDGE OF ALLEGIANCE Mayor Quintanilla led the Pledge of Allegiance. 7. INSPIRATION Mayor Pro Tem Harnik provided words of inspiration. 23 Palm Desert City Council Meeting Minutes August 22, 2024 2 8. REPORT OF CLOSED SESSION City Clerk Mejia noted that the City Council directed staff to prepare a one-year extension to the contract with Best, Best & Krieger, LLP, to provide legal services. The contract will be presented to the City Council for consideration at the next regular City Council meeting. 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a PROCLAMATION: FIND FOOD BANK - HUNGER ACTION MONTH Mayor Quintanilla presented a proclamation to FIND Food Bank. 9.b PRESENTATION: FASHION WEEK FOOD & WINE RECAP - PALM SPRINGS LIFE City Clerk Mejia displayed video presentations summarizing the Fashion Week and Food & Wine events. Palm Springs Life representative Paulina Larson provided a verbal update on the events, and responded to City Council inquiries. 9.c UPDATE: PALM DESERT IHUB California State University San Bernardino - School of Entrepreneurship Development Director Dr. Ezequiel Bonillas narrated a PowerPoint presentation and responded to City Council inquiries. 10. CITY MANAGER COMMENTS 10.a SHERIFF DEPARTMENT UPDATE Lt. Porras provided an update and responded to City Council inquiries. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION The City Council reported on their attendance at various meetings and events. 12. NON-AGENDA PUBLIC COMMENTS The following individuals expressed their disappointment regarding Mayor Quintanilla's August 10, 2024, Facebook post regarding the Patriot Store on El Paseo, and called upon her to apologize and/or resign: • Mike Morsch • Terry Krogen • John Newcaster • Sandra Schultz • Velma Hagar • Thomas V. Bruno • Karen Van Der Ahe • Dan Flores • Lin Russo • Mary CH • Storm Jenkins • Ruth Hill 24 Palm Desert City Council Meeting Minutes August 22, 2024 3 Susie Houser, noted the Mayor's right to free speech, and requested the City make a statement noting the Mayor's remarks do not represent the views of the City Council as a whole. Miguel Sanchez, expressed his opposition to extremism, division, and the Patriot Store, and opined that patriotism is inclusive. Mike Piontkowski, Palm Desert resident, voiced his concerns relative to Monterey Country Club traffic signal. Lin Russo, expressed concern regarding the amount of housing construction in the area of Gerald Ford and Portola Avenue. Thomas Franke, Development Director at the Inland Empire's Ronald McDonald House, shared information about their facility and families that they are able to assist. Anne Piller, Ronald McDonald House Chairman of the Board, invited the City Council and the public to their gala to be held September 27, 2024. Jim Wilk, Monarch Technologies owner, shared information about his banking and payment processing system for cannabis businesses. 13. CONSENT CALENDAR Clerk's Note: The calendar attachment to Item 13.e incorrectly noted August 21, 2025, as a regular City Council meeting date. The adopted meeting schedule has been revised to reflect the corrected date of August 28, 2025. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande To approve the consent calendar, excluding Items a, b, j, and t. Motion Carried (5 to 0) 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Received and file application for alcoholic beverage license for: Eat Wonder, LLC 74275 Hwy 111, Palm Desert, California 92260-4117 Motion Carried 25 Palm Desert City Council Meeting Minutes August 22, 2024 4 13.d ACCEPT CONTRACT No. C43210 FOR CONSTRUCTION OF THE CIVIC CENTER PARK FITNESS, SHADE AND FURNISHINGS IMPROVEMENTS AS COMPLETE Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Accept Contract No. C43210 with PS Commercial Play, Inc., for the Civic Center Park Fitness, Shade and Furnishings Improvements Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. Motion Carried 13.e RESOLUTION NO. 2024-059 SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2025 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. 2024-059 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2025.” Motion Carried 13.f RESOLUTION NO. 2024-060 APPROVING THE LIBRARY SERVICES’ INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. 2024-060 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING LIBRARY SERVICES’ INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES.” Motion Carried 26 Palm Desert City Council Meeting Minutes August 22, 2024 5 13.g APPROVE THE PURCHASE OF TWO SCULPTURES FROM THE 2023/24 EL PASEO SCULPTURE EXHIBITION (CONTRACT NOS. C48210 AND C48220) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Approve the purchase of The Seeker (Contract No. C48210) by Delos Van Earl in the amount of $12,000, and SWIRLY GIRL (Female Superhero) (Contract No. C48220) by Karen & Tony Barone in the amount of $17,700 from the 2023/24 El Paseo Sculpture Exhibition for inclusion in the City of Palm Desert’s permanent public art collection. 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried 13.h APPROVE THE PURCHASE OF 19 TRAFFIC SIGNAL CABINETS FOR TRAFFIC SIGNAL HARDWARE UPGRADES (PROJECT NO. MTS00003) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Approve the purchase of 19 traffic signal cabinets for Traffic Signal Hardware Upgrades to Econolite Control Products, Inc., in the amount of $381,718.67. 2. Authorize the City Manager to execute all documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried 13.i APPROVE THE RELOCATION OF RECYCLE BY JOHN BRANSTETTER Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve the relocation of Recycle sculpture by John Branstetter, currently located on El Paseo, to the Burrtec Waste Management Recycle Center on Corporate Way. Motion Carried 27 Palm Desert City Council Meeting Minutes August 22, 2024 6 13.k AUTHORIZE OUT-OF-STATE TRAVEL FOR TWO PROJECT MANAGERS TO ATTEND THE AMERICAN PUBLIC WORKS ASSOCIATION CONFERENCE IN ATLANTA, GEORGIA Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Authorize out-of-state travel for two project managers to attend the American Public Works Association Conference on September 8 -11, 2024, in Atlanta, Georgia. Motion Carried 13.l RESOLUTION NO. 2024-061 TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM DEVELOPMENT SERVICES DEPARTMENT, CODE COMPLIANCE DIVISION Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. 2024-061 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 DEVELOPMENT SERVICES – CODE COMPLIANCE DIVISION, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022); RECORDS FROM 2017 THROUGH 2019 (EXHIBIT A).” Motion Carried 13.m FIRST AMENDMENT TO GERALD FORD APARTMENTS, LP HOUSING AGREEMENT TO DELINEATE THE NUMBER OF 2-BEDROOM AND 3- BEDROOM UNITS Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Approve Amendment No. 1 by and between the City of Palm Desert and Gerald Ford Apartments, a California Limited Partnership (“Owner”), in accordance with the conditions of approval of the development of 150 units known as Gerald Ford Apartments, a multifamily rental housing projected located at 75580 Gerald Ford Drive, Palm Desert, California (“Project”). 2. Authorize the Mayor and/or City Manager to execute Amendment No. 1 and authorize the City Clerk to record Amendment No. 1. Motion Carried 28 Palm Desert City Council Meeting Minutes August 22, 2024 7 13.n AWARD CONTRACT NO. C47800 TO PAVEWEST, INC., FOR THE PARKING LOT REHABILITATION AND MAINTENANCE PROGRAM (PROJECT NO. MPL00002) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Award Contract No. C47800 to PaveWest, Inc., for the Parking Lot Rehabilitation and Maintenance Program in an amount not to exceed $368,000 for the first year and $500,000 annually thereafter for a one-year term with four one-year extensions. 2. Appropriate $97,742 from Presidents’ Plaza III – Parking Lot Maintenance Reserve Fund to Account No. 2824373-4332100. 3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 4. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried 13.o RESOLUTION NO. 2024-062 APPROVING ADMINISTRATIVE POLICY REGARDING THE USE OF OTHER POWER-DRIVEN MOBILITY DEVICES Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. 2024-062 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY REGARDING THE USE OF OTHER POWER- DRIVEN MOBILITY DEVICES.” Motion Carried 13.p OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO ATTEND THE LAS VEGAS SOUVENIR & RESORT GIFT SHOW Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve out-of-state travel for the Public Affairs Manager to attend the Las Vegas Souvenir & Resort Gift Show from September 17-20, 2024. Motion Carried 29 Palm Desert City Council Meeting Minutes August 22, 2024 8 13.q APPOINTMENTS TO THE MOBILE HOME PARK RENT REVIEW BOARD Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Appoint Jann Buller, Andrew Firestine, and John Greenwood to the Mobile Home Park Rent Review Board for a one-year term, ending June 30, 2025. Motion Carried 13.r RESOLUTION NO. 2024-063 DESIGNATING AUTHORIZED AGENTS FOR APPLYING FOR THE YOUTH COMMUNITY ACCESS GRANT Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. 2024-063 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, AND CITY TREASURER AS AUTHORIZED AGENTS APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS GRANT PROGRAM.” Motion Carried 13.s ORDINANCE NO. 1416 TO AMEND MULTIPLE SECTIONS OF TITLE 25 OF THE PALM DESERT MUNICIPAL CODE AND FINDING THE ACTION EXEMPT PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Ordinance No. 1416 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT FOR SECTIONS 25.16.030, 25.18.040, 25.28.070, 25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).” Motion Carried 30 Palm Desert City Council Meeting Minutes August 22, 2024 9 13.u AWARD CONTRACT C47630 TO ECONOLITE SYSTEMS, INC. OF ANAHEIM, CALIFORNIA, FOR THE TRAFFIC SIGNAL HARDWARE UPGRADES (PROJECT NO. MTS00003) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Award Contract No. C47630 to Econolite Systems, Inc., of Anaheim, California, for the Traffic Signal Hardware Upgrades in the amount of $211,487.75, plus a contingency of $30,000 for unforeseen conditions. 2. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. Motion Carried 13.v RESOLUTION NO. 2024-065 AMENDING THE PET REIMBURSEMENT POLICY TO INCLUDE MICROCHIPPING AND INCREASE THE REIMBURSEMENT AMOUNT FOR SPAYING AND NEUTERING Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. 2024-065 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PET REIMBURSEMENT POLICY FOR THE CITY OF PALM DESERT.” Motion Carried 13.w ACCEPT CONTRACT NO. C46270 FOR CONSTRUCTION OF THE PALM DESERT AQUATIC CENTER AND FREEDOM PARK SHADE IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Accept Contract No. C46270 with USA Shade and Fabric Structures (USA Shade) for the Palm Desert Aquatic Center and Freedom Park Shade Improvements Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. Motion Carried 31 Palm Desert City Council Meeting Minutes August 22, 2024 10 13.x REDUCTION OF THE SUBDIVISION FAITHFUL PERFORMANCE BOND, AND RELEASE OF THE SURVEY MONUMENTS BOND, AND THE ROUGH GRADING BOND FOR TRACT MAP NO. 37506-2, UNIVERSITY PARK PHASE II Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Authorize the City Engineer to reduce Subdivision Faithful Performance Bond No. 800134560 for Tract Map No. 37506-2 to $1,462,430. 2. Authorize the City Engineer to release Survey Monuments Bond No. 800134560 for Tract Map No. 37506-2. 3. Authorize the City Engineer to release Grading Bond No. 800134559 for Tract Map No. 37506-2. Motion Carried 13.y AWARD CONTRACT C47860 TO ALL AMERICAN ASPHALT FOR THE HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS PROJECT, PROJECT NO. CST00006 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Award a Contract C47860 with All American Asphalt, of Corona, CA, in the amount of $551,177, plus a 10% contingency, for the Haystack Road Traffic Calming and Safety Improvements Project, Project No. CST00006. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion. Motion Carried 32 Palm Desert City Council Meeting Minutes August 22, 2024 11 13.z AWARD CONTRACT C47830 TO GRANITE CONSTRUCTION COMPANY FOR THE PD LINK PHASE 2 PROJECT, PROJECT NO. CST00005 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Award Contract C47830 with Granite Construction Company of Indio, CA, in the amount of $1,166,000, plus a 10% contingency, for the PD Link Phase 2 Project, Project No. CST00005. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion. Motion Carried 13.aa AWARD CONTRACT NO. 48240 FOR THE ON-CALL CITYWIDE ADA CURB RAMP MODIFICATIONS AND SIDEWALK REPLACEMENT PROGRAM (PROJECT NO. MST00013) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Award Contract No. C48240 to We R Builders, Inc., for the On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program in an annual amount not to exceed $600,000, for a three-year term with the option of two one-year extensions. 2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and to review and approve written contract amendment requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried 33 Palm Desert City Council Meeting Minutes August 22, 2024 12 13.ab REVISE FISCAL YEAR 2024-25 ALLOCATION OF PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FUNDS PURSUANT TO CONDITIONAL AWARD LETTER IN THE AMOUNT OF $439,873 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Authorize Director of Finance to reduce Fiscal Year 2024-25 Permanent Local Housing Allocation (PLHA) Grant Revenue Account No. 2250000- 3340000 in the amount of $521,016, to reflect revised award in the amount of $439,873. 2. Authorize Director of Finance to reduce PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-3910000 in the amount of $165,000 for a restated Transfer Out from PLHA of $100,000 in accordance with revised award from PLHA. 3. Authorize Director of Finance to increase PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-391000 in the amount of $141,873 to reimburse costs associated with prior year FY 2023-24 expenditures. Motion Carried CONSENT ITEMS HELD OVER 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve the Minutes of July 11, 2024. Motion Carried (5 to 0) 13.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve the warrant registers issued for the period 7/10/2024 to 8/09/2024. Motion Carried (5 to 0) 34 Palm Desert City Council Meeting Minutes August 22, 2024 13 13.j AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC. (CONTRACT NO. C48230) Deputy Director of Economic Development Lawrence responded to City Council inquiries. Motion by: Mayor Pro Tem Harnik Seconded by: Mayor Quintanilla Continue the item to the September 12, 2024, meeting. Motion Carried (5 to 0) 13.t RESOLUTION NO. 2024-064 APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS Senior Project Manager Gerry and Jennie Grover, Disability Access Consultant, responded to City Council inquiries. Raven Weiss expressed her dissatisfaction with the policy as presented, and shared her negative experience while attending a Palm Desert restaurant with her service animal. Following discussion, the City Council directed staff to amend the language to remove ambiguity regarding service animal access. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Adopt Resolution No. 2024-064 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS”, as amended. Motion Carried (5 to 0) 14. ACTION CALENDAR 14.a RESOLUTION NO. 2024-066 APPROVING FINAL TRACT MAP NO. 38434-1 AND GRADING, SUBDIVISION IMPROVEMENT, AND MAINTENANCE AND EASEMENT AGREEMENTS Councilmember Nestande recused herself due to the proximity of her residence to the project, and left the Council Chamber. Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. 35 Palm Desert City Council Meeting Minutes August 22, 2024 14 The following individuals expressed opposition to the approval of a final tract map: • Jana Koroczynsky • Peter Koroczynsky • Eric Livingstone • Liz Bower • Linda Candler James Vaughn, Land Use Counsel representing Pulte Homes, expressed that all conditions for approval have been met, and noted that based on the California Map Act, City Council approval is ministerial in nature. Tim Jonasson, HR Green representative and project consultant, responded to City Council inquiries relative to grading and retention basin ongoing maintenance. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Adopt Resolution No. 2024-066 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP NO. 38431-1.” 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreements related to grading and subdivision improvement. 4. Authorize the Mayor to execute an agreement for the construction and maintenance of a portion of public right-of-way. NOES (1): Mayor Quintanilla RECUSED (1): Councilmember Nestande Motion Carried (3 to 1) 36 Palm Desert City Council Meeting Minutes August 22, 2024 15 14.b PROPOSAL FOR A FARMERS’ MARKET ON EL PASEO Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries. Brian Boyce, Palm Desert business owner, expressed his support of staff's recommendation to reject the proposal as presented. Christiana Green, Applicant, shared her responses to concerns expressed in the survey relative to trash, portable restrooms, demographics and shopper profiles, and shared her proposed steps to uphold the caliber of the market. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Reject the proposal to hold a Farmers’ Market on El Paseo every Saturday from 8 a.m. to 1 p.m. from October through May. Motion Carried (5 to 0) 14.c ADOPT THE UPDATED MILLS ACT PROGRAM APPLICATION MANUAL Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Nestande Adopt the updated Mills Act Program Application Manual, as amended. Motion Carried (5 to 0) 14.d CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE PALM SPRINGS IN COACHELLA VALLEY Economic Development Deputy Director Lawrence presented a staff report and responded to City Council inquiries. Tour de Palm Springs representatives Tim Esser and Cody Shelton shared additional information on the event and its beneficiaries. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Direct staff to bring the item back for consideration at the September 12, 2024, City Council meeting once additional requested information has been received and reviewed by staff. Motion Carried (5 to 0) 37 Palm Desert City Council Meeting Minutes August 22, 2024 16 14.e ESTABLISH THE PALM DESERT CITY FOUNDATION, A 501(C)(3) NONPROFIT PUBLIC BENEFIT CORPORATION, DETERMINE BOARD STRUCTURE, AND APPROVE DRAFT DOCUMENTS Assistant Director of Library Services Vonnegut narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Authorize the City Manager to form a 501(c)(3) organization, named “Palm Desert City Foundation”, to support fundraising, initially for the library, with the ability to expand for other civic needs as they arise. 2. Authorize the City Manager to execute all necessary documents and make any non-substantive changes necessary to effectuate this action. Motion Carried (5 to 0) 14.f THIRD AMENDMENT TO THE SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Approve the Third Amendment to the Second Revised and Restated Disposition and Development Agreement between the City of Palm Desert and Desert Wave Ventures, LLC. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement. Motion Carried (5 to 0) 15. PUBLIC HEARINGS 15.a ESTABLISHMENT OF ANNUAL LEASE RATE FOR DINING DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS Motion by: Mayor Pro Tem Harnik Seconded by: Mayor Quintanilla Continue the Public Hearing to a date uncertain. Motion Carried (5 to 0) 38 Palm Desert City Council Meeting Minutes August 22, 2024 17 15.b RESOLUTION NO. 2024-067 UPDATING THE FEES FOR DOG LICENSES Mayor Quintanilla opened the public hearing. Director of Development Services Cannone narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak. Mayor Quintanilla expressed concern that the requested fee schedule has not been received from the County of Riverside staff. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Adopt Resolution No. 2024-067 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE FEES FOR DOG LICENSES.” Motion Carried (5 to 0) 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 8:31 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 39 40 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/15/2024 - 8/15/2024 City of Palm Desert Account Number 08/15/202400002466 County of Riverside SheriffW1 5/30-6/30 Law Enforcement Svc43040001104210 SH0000046342 1,666,065.58 08/15/202400002467 KIMLEY-HORN AND ASSOCIATES INC.W1 TRAFFIC OPERATION - AMEND 250009072134250 099802003-0624 4,220.46 08/15/202400002467 KIMLEY-HORN AND ASSOCIATES INC.W1 AMEND 3 - EXTEND TERM/INCREASE50009072134250 099802003-0624 40,619.54 08/15/202400002468 MARIPOSA LANDSCAPES INCW1 WEED ABATEMENT - TAMARISK ROW43320001104310 108855 1,034.00 08/15/202400002468 MARIPOSA LANDSCAPES INCW1 WEED ABATEMENT - SHADOW LAKE43320001104310 108856 2,120.00 08/15/202400002468 MARIPOSA LANDSCAPES INCW1 WEED ABATEMENT - COUNTRY CLUB43320001104310 108857 1,696.00 08/15/202400002468 MARIPOSA LANDSCAPES INCW1 WEED ABATEMENT - COOK BRIDGE43320001104310 108858 6,280.00 08/15/202400002468 MARIPOSA LANDSCAPES INCW1 WEED ABATEMENT - HOVLEY LN43320001104310 108859 1,696.00 08/15/202400002468 MARIPOSA LANDSCAPES INCW1 WEED ABATEMENT - MONTEREY AVE43320001104310 108860 2,413.44 08/15/202400002469 PFM ASSET MANAGEMENT LLCW1 Investment Mgmt JUN2443090001104159 14318869 4,103.97 08/15/202400002470 PUB Construction IncW1 TO006151-PDAC-CFA00009-43311012424549 305297 20,007.00 08/15/202400002470 PUB Construction IncW1 TO007136-Corp Yard-CFA00016-44001004004330 305299 113,689.00 08/15/202400002471 SACRAMENTO METROPOLITANW1 FY21/22 Admin/Host GEMT43045002304220 2000010040 2,323.09 08/15/202400002471 SACRAMENTO METROPOLITANW1 FY19/20 Admin/Host GEMT43045002304220 2000008158 2,006.54 08/15/202400002471 SACRAMENTO METROPOLITANW1 FY20/21 Admin/Host GEMT43045002304220 2000009056 2,901.50 08/15/202400002472 STAPLES BUSINESS ADVANTAGEW1 BACK CUSHION42110001104470 3555374101 53.86 08/15/202402003867 ANSER ADVISORY MANAGEMENT LLCW1 TO008802-City Hall Charging44045005304310 25543 2,180.00 08/15/202402003868 CASH, PETTYW1 Aromely Scent Kit44040002524662 G.SHAF 7.18.24 31.48 08/15/202402003868 CASH, PETTYW1 Aromely 500 ML Scent44040002524662 G.SHAF 07.18.24 64.80 08/15/202402003869 COACHELLA VALLEY ASSOCIATIONW1 FY23/24 4th Quarter AB276643630002384515 CV24320-24 13,184.42 08/15/202402003870 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Mtr Sears43510004254430 800645741286JU24 115.01 08/15/202402003871 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - HISTORICAL SOCIETY43310001104340 250614 8,931.00 08/15/202402003872 DESERT DISCOUNT CLEANERS LLCW1 COPS Uniform Cleaners Jul2414301001100000 08.01.24 45.90 08/15/202402003872 DESERT DISCOUNT CLEANERS LLCW1 COPS Uniform Cleaners AP/JU2443060011104211 08.01.24 202.90 08/15/202402003873 DESERT RECREATION DISTRICTW1 JN24 PARKS/REC SRVS-PORTOLA CC43090001104344 3724 9,124.76 08/15/202402003873 DESERT RECREATION DISTRICTW1 JUN24 PARK SRVS - CC PARK43092001104610 3723 44,378.10 08/15/202402003874 HERMANN DESIGN GROUP INCW1 DESIGN SERVICES - DW GREENS48092004414195 24071707 14,155.00 08/15/2024Report Date 1Page City and Housing Docusign Envelope ID: DD91172E-3D37-4B6D-A030-C4883B269BFE 41 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/15/2024 - 8/15/2024 City of Palm Desert Account Number 08/15/202402003874 HERMANN DESIGN GROUP INCW1 AMEND NO. 1 - ADD SRVS48092004414195 24071708 5,462.50 08/15/202402003875 J.L. 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8/16/2024 City of Palm Desert Account Number 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 10560 HAYSTACK43510002764374 330551849952JL24 4,617.79 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 10561 HAYSTACK43510002764374 330559849954JL24 3,428.84 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (3) 1056 Presidents Plaza43510002774373 315185847712JL24 1,026.91 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (5) 1056 Presidents Plaza43510002774373 315185847712JL24 672.04 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (1) 1056 Vineyards43510002784374 315185847712JL24 40.28 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (7) 1056 Vineyards43510002784374 315185847712JL24 115.31 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (4) 1056 The Grove43510002814374 315185847712JL24 553.72 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (2) 1056 Presidents Plaza 343510002824373 315185847712JL24 145.89 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (8) 1056 Presidents Plaza 343510002824373 315185847712JL24 56.27 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (6) 1056 Portola Place43510002834374 315185847712JL24 53.81 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 C. 1088 K/B (Heatherwood)43510002854374 315237847764JL24 57.33 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates I43510002874374 315237847764JL24 128.94 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders (Shepherd43510002874680 315237847764JL24 63.48 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W (Kokopelli)43510002874681 315237847764JL24 85.62 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 1 (Petun43510002874682 315237847764JL24 72.84 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. (Shepherd43510002874683 315237847764JL24 673.69 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 G. 1088 College View Estates I43510002874684 315237847764JL24 162.15 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (1) 1161 - 73710 FW43696015104195 652499886934JL24 97.82 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (3) 1161 - 73710 FW FP43696015104195 652499886934JL24 86.99 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (2) 1161 - 73720 FW43696025104195 652499886934JL24 71.72 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (4) 1161 - 72559 Hwy 11143698005104195 652499886934JL24 69.26 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 (5) 1161 - 72559 Hwy 111 FP43698005104195 652499886934JL24 40.65 08/16/202402003893 COACHELLA VALLEY WATER DIST.W1 248 RAC WELL RMT BY LAKE43510001104610 332429853174JL24 2,447.48 08/16/202402003894 County of Riverside SheriffW1 FY 24/25 RSO Facility Billing,43092051104210 SH0000046308 50,615.00 08/16/202402003895 COUNTY OF RIVERSIDE SHERIFFW1 24/25 MOTOR FUEL RSO42170001104210 SH0000046367 868.20 08/16/202402003895 COUNTY OF RIVERSIDE SHERIFFW1 24/25 MOTOR FUEL RSO42170001104210 SH0000046366 1,017.47 08/16/202402003896 DESERT SANDS UNIFIEDW1 DSUSD Crossing Guard Reimb43092011104211 2024/2064 47,927.52 08/16/2024Report Date 4Page City and Housing Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 46 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/16/2024 - 8/16/2024 City of Palm Desert Account Number 08/16/202402003897 GOODWIN, SHELBYW1 JULY 4 SUPPLIES43061011104416 JULY 4 SUPPLIES 1,823.13 08/16/202402003898 HARNIK, JAN C.W1 Harnik Mileage 07.202443115001104110 JH MILEAGE 7.24 54.14 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Shopper43514001104250 50087402-JL24 35.50 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087411-JL24 35.35 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 72800 Dinah Shore Drive43514001104250 50087423-JL24 67.34 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterrey43514001104250 50087432-JL24 80.22 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterey43514001104250 50087443-JL24 36.30 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087452-JL24 72.19 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 37998 Gerald Ford Dr43514001104250 50514026-JL24 37.59 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 37996 Gerald Ford Dr Signal LT43514001104250 50514028-JL24 64.95 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 75396 Frank Sinatra Dr43514001104250 50540835-JL24 39.20 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 75394 Frank Sinatra Dr St Ligh43514001104250 50540839-JL24 28.43 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 75398 Frank Sinatra Dr43514001104250 50540840-JL24 51.91 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 33108 Mont Safety Lt (Prv5065043514001104250 50887764-JL24 104.71 08/16/202402003899 IMPERIAL IRRIGATION DISTRICTW1 34249 Monterey Ave43514001104614 50488446-JL24 12.34 08/16/202402003900 J.L. ENDICOTT INCW1 Name plates 12.13.2342190001104154 10194-206.64 08/16/202402003900 J.L. 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8/16/2024 City of Palm Desert Account Number 08/16/202402003905 PALM DESERT ACE HARDWAREW1 NUTS AND BOLTS42190001104340 246760 48.52 08/16/202402003905 PALM DESERT ACE HARDWAREW1 NUTS AND BOLTS42190001104340 246764 40.04 08/16/202402003905 PALM DESERT ACE HARDWAREW1 R/M WALLAROO BLDG43310001104340 246901 133.97 08/16/202402003905 PALM DESERT ACE HARDWAREW1 TOOLS42190001104611 246850 39.86 08/16/202402003905 PALM DESERT ACE HARDWAREW1 TOOLS42190001104611 246844 30.16 08/16/202402003905 PALM DESERT ACE HARDWAREW1 R/M PLUMBING43310001104611 246883 40.65 08/16/202402003906 PALMER ELECTRICW1 Lib- Relocate/cap electrical43321002524662 5739 119.92 08/16/202402003907 PARKHOUSE TIRE INC.W1 NEW TIRES #03 CITY OWNED43340001104331 2030238573 1,090.94 08/16/202402003908 PORTOLA PALMS HOMEOWNERSW1 JULY24 HOA FEES PORTOLA PALM43370008734195 JUL24-1922815 363.00 08/16/202402003909 PORTOLA PALMS HOMEOWNERSW1 JULY24 HOA FEES PORTOLA PALM43370008734195 JUL24-1922585 363.00 08/16/202402003910 POWERSTRIDE BATTERY COMPANY INCW1 STORAGE BATTERY - MONT/DS43325001104250 711914 799.89 08/16/202402003911 QUALITY CODE PUBLISHING LLCW1 Municipal Code Printing Servic43090001104111 PG000037170 3,081.00 08/16/202402003912 QUINTANILLA, KARINAW1 K.Quint Mileage 7.202443115001104110 KQ MILEAGE 7.24 164.55 08/16/202402003913 REBECCA BARRETT DESIGNW1 Map Design43092004364650 3894 825.00 08/16/202402003914 RIVERSIDE COUNTY DEPARTMENT OFW1 CORPYARD GENERATOR FEES 24-2543640001104330 IN1010237 1,928.00 08/16/202402003914 RIVERSIDE COUNTY DEPARTMENT OFW1 FREEDOM SNACK BAR PERMIT 24-2543310001104611 IN1001437 159.00 08/16/202402003915 RIVERSIDE COUNTY FIRE DEPT.W1 July 4 event Fire Dept43061011104416 INV-00288453 368.00 08/16/202402003916 SOUTH COAST AQMDW1 I C E(50-500 HP) ElecGenDiesel43640001104330 4391767 541.04 08/16/202402003916 SOUTH COAST AQMDW1 AQMD FLAT FEE FOR FY24/2543640001104330 4393221 165.96 08/16/202402003917 SOUTHERN CALIFORNIA EDISONW1 Street lites LS-343514001104250 600001510277AG24 4,577.33 08/16/202402003917 SOUTHERN CALIFORNIA EDISONW1 35981 1/2 - 7600 1/2 COLLEGE43514001104611 700871754303AG24 129.43 08/16/202402003917 SOUTHERN CALIFORNIA EDISONW1 Street Power PEDESTALS43514001104614 700019019320JL24 3,224.20 08/16/202402003917 SOUTHERN CALIFORNIA EDISONW1 Street Power PEDEST- late fee43514001104614 700019019320JL24 18.59 08/16/202402003917 SOUTHERN CALIFORNIA EDISONW1 iHUBJLY2443950004254430 700423102627JY24 4,323.84 08/16/202402003918 SUPERIOR READY MIX CONCRETEW1 R/M HANDICAP RAMP - MAG FALLS43320001104310 439315 939.59 08/16/202402003919 WHITE CAP LPW1 R/M HANDICAP RAMP - MAG FALLS43320001104310 50027647458 1,565.94 08/16/202402003919 WHITE CAP LPW1 SUPPLIES42190001104610 50027592226 35.87 08/16/2024Report Date 6Page City and Housing Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 48 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/16/2024 - 8/16/2024 City of Palm Desert Account Number 08/16/202402003920 XEROX FINANCIAL SERVICESW1 LIBR XEROX LEASE 7/14-8/1343420002524662 6059214 424.07 Examined and Approved Total For Bank ID - W1 544,378.82City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 08/16/2024Report Date 7Page City and Housing Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 49 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/16/2024 - 8/16/2024 City of Palm Desert Account Number 08/16/202400002544 IS PALM DESERT LPW3 August 2024 Sewer Rent Payment43740007034121 AUG2024 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 08/16/2024Report Date 8Page Successor Agency Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 50 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/19/2024 - 8/19/2024 City of Palm Desert Account Number 08/19/202400002495 PYE BAKERW1 R/M ALARM - CITY HALL43310001104340 4954925 154.00 08/19/202400002495 PYE BAKERW1 ALARM MONITORING - iHUB43950004254430 4529077 144.00 08/19/202400002495 PYE BAKERW1 R/M ALARM - IHUB43950004254430 4820052 164.78 08/19/202400002496 HR GREEN PACIFIC INCW1 Engr Services & Land JUNE 202443011501104130 177624 37,624.06 08/19/202400002496 HR GREEN PACIFIC INCW1 Engr & Land Dev Refuge MAY202443011501104130 176446 14,764.50 08/19/202400002496 HR GREEN PACIFIC INCW1 Engr & Land Dev Refuge JUN202443011501104130 177623 21,349.94 08/19/202400002497 IMPRESSION DESIGNW1 PW EMPLOYEE APPAREL42140001104310 15629 986.66 08/19/202400002498 MARIPOSA LANDSCAPES INCW1 EXTRA WORK - ENTRADA DEL PASEO43921011104614 108906 5,196.47 08/19/202400002499 OTIS ELEVATOR COW1 FUEL IMPACT FEE - SUBSTATION43695005104195 F10000198808 95.00 08/19/202400002500 PUB Construction IncW1 TO005318-PDAC-CFA00009ADABENCH43311012424549 305374 1,887.20 08/19/202400002500 PUB Construction IncW1 TO009004-Corp Yard Office44001004004330 305373 10,976.00 08/19/202400002500 PUB Construction IncW1 TO009030-Corp Yard Restrooms44001004004330 305376 5,980.00 08/19/202400002500 PUB Construction IncW1 TO008251-CorpYardRESTROOM44001004004330 305377 29,720.00 08/19/202400002500 PUB Construction IncW1 TO005939- Parkview-MFA0000244001005104361 305375 15,680.00 08/19/202400002501 Q3 CONSULTINGW1 N. PD CITY LIMIT IMPRV JUN202442191001104159 32381 13,301.00 08/19/202400002502 USA SHADE & FABRIC STRUCTURES INCW1 August '23 Weather Event: Park42191001104159 1342291 94,168.82 08/19/202400002503 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - PARKS43320011104611 233577 6,237.50 08/19/202402003921 AT&TW1 Sheriff LEA Track T24099010143042001104210 517624 375.00 08/19/202402003922 CASH, PETTY-W1 Library Indr AQ Monitor44040002524662 06302024GS 73.69 08/19/202402003923 COUNTY OF RIVERSIDE SHERIFFW1 FY 23/24 BSU Fuel - MY2442170001104210 SH0000046420 458.87 08/19/202402003923 COUNTY OF RIVERSIDE SHERIFFW1 FY23/24 Police Motor Fuel MY2442170001104210 SH0000046412 2,019.30 08/19/202402003924 DEPARTMENT OF INDUSTRIALW1 06-24 BLUE SLIDE INSPECTIONFEE43640002424549 P 2074318 SN 292.50 08/19/202402003924 DEPARTMENT OF INDUSTRIALW1 06-24 WHITE SLIDE INSPCTIONFEE43640002424549 P 2074321 SN 390.00 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 R/M HVAC - DESERT WILLOW48092004414195 251962 38,029.00 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 R/M HVAC - DESERT WILLOW48092004414195 251963 22,658.00 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 R/M HVAC - HISTORICAL SOCIETY43310001104340 250968 4,641.00 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 R/M HVAC - CITY HALL43310001104340 251013 547.11 08/19/2024Report Date 1Page City and Housing Docusign Envelope ID: D742A303-88D2-428C-B5AC-05B7F126EC54 51 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/19/2024 - 8/19/2024 City of Palm Desert Account Number 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 R/M HVAC - CITY HALL43310001104340 251019 3,771.45 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 HVAC SRVS - FS #7143310002304220 250980 118.00 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 HVAC PM - CORPORATION YARD43310001104330 250983 1,949.00 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 HVAC PM - FIRE STATION 67 / 7143310002304220 250983 1,097.00 08/19/202402003925 DESERT AIR CONDITIONING INC.W1 HVAC PM - iHUB BUILDING43950004254430 250983 1,608.00 08/19/202402003926 DESERT ARCW1 CDBG FY22/2343880002204800 CDBGFY2223FY2324 80,000.00 08/19/202402003926 DESERT ARCW1 CDBG FY232443880002204800 CDBGFY2223FY2324 29,895.00 08/19/202402003927 DOKKEN ENGINEERINGW1 JUN24 SVCS44001002134359 46733 2,265.00 08/19/202402003928 Empower Retirement LLCW1 401a Quarterly Fee 01-03/202443090001104159 400320 250.00 08/19/202402003928 Empower Retirement LLCW1 457b Quarterly Fee 01-03/202443090001104159 400362 250.00 08/19/202402003928 Empower Retirement LLCW1 457b Quarterly Fee 04-06/202443090001104159 408017 250.00 08/19/202402003928 Empower Retirement LLCW1 401a Quarterly Fee 04-06/202443090001104159 407496 250.00 08/19/202402003929 ETCH THIS AND THATW1 Mel Mason BCC Clock43063001104111 10812 102.20 08/19/202402003930 EXCEL LANDSCAPE INCW1 TO006638-Citywide Storm Hilary42191001104159 109113 1,016.58 08/19/202402003931 GERALD FORD PARENT TEACHERW1 OA 23/2443881001104800 Y23/24 C45560F 2,500.00 08/19/202402003932 GLOBAL CTI GROUP INC.W1 Mitel Maintenance 2/1543360001104190 169599 75.00 08/19/202402003933 HORIZON LIGHTING INC.W1 R/M ELECT / LIGHT - CITY HALL43310001104340 357628 586.75 08/19/202402003934 KINCAID INDUSTRIES INCW1 Lib. Repairs restrm 6/12, 6/1344001004524136 5531 1,598.25 08/19/202402003934 KINCAID INDUSTRIES INCW1 Lib Explore leak 6/20,25,2644001004524136 5533 1,770.00 08/19/202402003935 KOA CORPORATIONW1 ENG SVS HAYSTAC 05/25-06/28/2450009032134327 JC22036-27 12,927.30 08/19/202402003936 MARGARET SULLIVAN STUDIOW1 Library Consult Fee 100%43090001104159 50275 17,600.00 08/19/202402003936 MARGARET SULLIVAN STUDIOW1 Library Consult Fee 100%43090001104159 50275 7,312.50 08/19/202402003936 MARGARET SULLIVAN STUDIOW1 Reimbursable Exp thru 10/27/2343090001104159 50194 4,901.09 08/19/202402003936 MARGARET SULLIVAN STUDIOW1 Reimbursable Exp thru 1/12/2443090001104159 50231 1,403.46 08/19/202402003936 MARGARET SULLIVAN STUDIOW1 Reimbursable Exp FINAL INVOICE43090001104159 50226 15,505.68 08/19/202402003937 MILLENNIUM PALM DESERT HOA INCW1 REIMB LNDSCP INSTALL - C4733043093001104159 REIMB-233076 20,265.00 08/19/202402003938 PACIFIC TRUCK EQUIPMENT INCW1 R/M TAILGATE VEHICLE #6343340001104331 77200 2,285.87 08/19/2024Report Date 2Page City and Housing Docusign Envelope ID: D742A303-88D2-428C-B5AC-05B7F126EC54 52 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/19/2024 - 8/19/2024 City of Palm Desert Account Number 08/19/202402003939 PALMER ELECTRICW1 Lib- Electrical 6/28/2444001004524136 5734 568.45 08/19/202402003939 PALMER ELECTRICW1 Lib- Elect. repr/relocte/cover44001004524136 5730 2,030.05 08/19/202402003940 PLAZA TOWINGW1 Sheriff Towing - T24166004043042001104210 24-0614-32065 240.00 08/19/202402003940 PLAZA TOWINGW1 Sheriff Towing-T24145001143042001104210 24-0524-31731 360.00 08/19/202402003941 SUNLINE TRANSIT AGENCYW1 24 STUDENT ART SPONSORSHIP43223002384515 24BUSWRAPSPONSOR 7,000.00 08/19/202402003942 T-MOBILE USA INCW1 Sheriff Timing Ad. T24166001143042001104210 9572751027 50.00 08/19/202402003943 UNITED STATES TREASURYW1 2% LATE PENALTY ON TAX DEPOSIT21601001100000 CP161 1,300.82 08/19/202402003943 UNITED STATES TREASURYW1 Dec 31, 2023-form 941 adjstmnt21601001100000 CP220 1,337.46 08/19/202402003943 UNITED STATES TREASURYW1 2% LATE PENALTY MEDI DEPOSIT21603001100000 CP161 38.85 08/19/202402003943 UNITED STATES TREASURYW1 Dec 31, 2023-form 941 adjstmnt21603001100000 CP220 52.83 08/19/202402003944 VONNEGUT, SHANNONW1 ALA -Hotel Reimbrsmt only43120002524662 ALA VONNEGUT-2 303.23 Examined and Approved Total For Bank ID - W1 552,749.22City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 08/19/2024Report Date 3Page City and Housing Docusign Envelope ID: D742A303-88D2-428C-B5AC-05B7F126EC54 53 54 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/22/2024 - 8/22/2024 City of Palm Desert Account Number 08/22/202400002504 ALLIANT INSURANCE SERVICES INCW1 Insurance 7/4/24 event43061011104416 2714196 3,158.00 08/22/202400002505 Amazon Capital Services Inc.W1 Sign Holder-ACR42110001104111 1417-WQVP-6NRJ 81.89 08/22/202400002505 Amazon Capital Services Inc.W1 Avery A-Z Tabs42110001104111 1NWX-1LWG-7CP1 26.48 08/22/202400002505 Amazon Capital Services Inc.W1 Super & Bright Red Post-Its42110001104159 1W99-6647-4TLQ 23.26 08/22/202400002505 Amazon Capital Services Inc.W1 Mesa Safe for James' office44040001104159 1HHK-LJLW-DHWW 1,312.41 08/22/202400002506 AMERICAN LANDSCAPE INCW1 RTNT P116950/C44200B20600004410000 RTN-5247 -32,733.55 08/22/202400002506 AMERICAN LANDSCAPE INCW1 OVERPAYMENT INV 523820600004410000 INV 5238-OPC 2,375.00 08/22/202400002506 AMERICAN LANDSCAPE INCW1 DW GREENS/TEE BOX RENO / TURF48092004414195 5247 654,671.13 08/22/202400002506 AMERICAN LANDSCAPE INCW1 OVERPAYMENT INV 523848092004414195 INV 5238-OPC -47,500.01 08/22/202400002506 AMERICAN LANDSCAPE INCW1 OVERPAYMENT CORRECTION $0.0348092004414195 INV 5239-OPC -0.03 08/22/202400002507 BRAINFUSE LLCW1 FY 24/25 BRAINFUSE43620012524662 2012622 6,875.00 08/22/202400002508 CDW LLCW1 Belkin 12ft Coil Handset Cord42120001104190 AA1L58X 50.16 08/22/202400002508 CDW LLCW1 R-Dell Computers44040005304190 ST02272 10,395.49 08/22/202400002508 CDW LLCW1 FY24/25 ADOBE RENEWAL43620011104190 SQ25173 16,617.26 08/22/202400002509 DESERT PUBLICATIONS INCW1 The Guide/Annual Desert Living43221001104417 56513 4,950.00 08/22/202400002509 DESERT PUBLICATIONS INCW1 City Advertorial Vision 4 pg43221001104417 56512 4,200.00 08/22/202400002510 ENTERPRISE FM TRUSTW1 234LD4 MAINTENANCE43340001104331 FBN5087754 136.25 08/22/202400002510 ENTERPRISE FM TRUSTW1 22V3PJ MAINTENANCE43340001104331 FBN5087754 111.83 08/22/202400002510 ENTERPRISE FM TRUSTW1 22V3QC MAINTENANCE43340001104331 FBN5087754 110.20 08/22/202400002510 ENTERPRISE FM TRUSTW1 22V3RD MAINTENANCE43340001104331 FBN5087754 107.97 08/22/202400002510 ENTERPRISE FM TRUSTW1 22V458 MAINTENANCE43340001104331 FBN5087754 111.83 08/22/202400002510 ENTERPRISE FM TRUSTW1 22V3PN MAINTENANCE43340001104331 FBN5087754 111.83 08/22/202400002510 ENTERPRISE FM TRUSTW1 22V3S3 MAINTENANCE43340001104331 FBN5087754 121.08 08/22/202400002510 ENTERPRISE FM TRUSTW1 22V3PC MAINTENANCE43340001104331 FBN5087754 111.83 08/22/202400002510 ENTERPRISE FM TRUSTW1 22MTQF MAINTENANCE43340001104331 FBN5087754 103.00 08/22/202400002510 ENTERPRISE FM TRUSTW1 22MG3C MAINTENANCE43340001104331 FBN5087754 109.96 08/22/202400002510 ENTERPRISE FM TRUSTW1 22MG3H MAINTENANCE43340001104331 FBN5087754 109.96 08/22/2024Report Date 1Page City and Housing Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 55 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/22/2024 - 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8/22/2024 City of Palm Desert Account Number 08/22/202402003948 BEST SIGNS INC.W1 PUBLIC ART SIGNAGE CIVIC CNTR43092004364650 98306 4,880.88 08/22/202402003949 C V A GW1 FY24-25 MBRSHP Dues Assessmnt43630001104159 CV25009-24 78,433.00 08/22/202402003950 CALIFORNIA CITY MANAGEMENTW1 2024-2025 Mbrship C. Escobedo43630001104130 10060 400.00 08/22/202402003951 CBRE INCW1 Real Estate Brokerage, Advisor43090001104430 2023-273215-009 5,000.00 08/22/202402003952 CEJA, ERICW1 Mileage Reimbursement43115001104430 CEJAMILEMALLMTG 176.45 08/22/202402003953 CHAD VAN HORNW1 Photography43092004364650 38824 250.00 08/22/202402003954 CLIENTFIRST TECHNOLOGY CONSULTINGW1 Telecom Consulting JUNE-JULY2443090001104190 17010 1,435.00 08/22/202402003955 DANIEL HURTADOW1 Mileage 7/9 -7/11/24 CERTHurta43115001104211 CERTMILE07.09.24 223.91 08/22/202402003956 DAVID REYES JR.W1 24-08BOOTREIM-DR43915001104300 24-08BOOTREIM-DR 250.00 08/22/202402003957 DESERT VALLEYS BUILDERSW1 DVBA August Networking Event43125001104430 1122048 90.00 08/22/202402003958 ENGINEERING RESOURCESW1 JULY 2024 SVCS50004544204370 60563 12,990.50 08/22/202402003958 ENGINEERING RESOURCESW1 JULY 2024 SVCS44001002354270 60605 5,566.70 08/22/202402003959 GILBERT, LANAW1 Reimb for overpayment TOT31883301100000 016477-REIMB 52.80 08/22/202402003960 GLS USW1 Jacobsson/PBK Arch Contracts43660001104111 5346200 9.74 08/22/202402003961 GOGOVAPPSW1 Gogov Renewal FY25/2614301001100000 24-409 5,400.00 08/22/202402003961 GOGOVAPPSW1 Gogov Renewal FY24/2543620011104190 24-409 16,200.00 08/22/202402003962 I I M CW1 Castellano IIMC Mem Dues43630001104111 IIMC E.CAST MEM 125.00 08/22/202402003963 JACOBSSON ENGINEERINGW1 RTNT P116750/C4631020600004410000 348-005-RTNT -268.80 08/22/202402003963 JACOBSSON ENGINEERINGW1 Correction for PO P11675048092004414195 348-002-CRA -214,570.00 08/22/202402003963 JACOBSSON ENGINEERINGW1 DW PARKING IMPROVEMENTS48092004414195 348-002-CRB 176,450.00 08/22/202402003963 JACOBSSON ENGINEERINGW1 CO#1 - DW PARKING LOT48092004414195 348-002-CRB 21,298.00 08/22/202402003963 JACOBSSON ENGINEERINGW1 CO#2 DW PARKING LOT48092004414195 348-002-CRB 16,822.00 08/22/202402003963 JACOBSSON ENGINEERINGW1 DW PARKING IMPROVEMENTS48092004414195 348-005 5,376.00 08/22/202402003964 LEADERSHIP COACHELLA VALLEYW1 2024-2025 Tuition M. de Vera43090001104154 563 1,400.00 08/22/202402003965 M & M SWEEPING INC.W1 JL24 CITYWIDE STREET SWEEPING43320001104310 67540 16,604.50 08/22/202402003965 M & M SWEEPING INC.W1 JL24 PARKING LOT SWEEPING - CY43310001104330 67540 355.25 08/22/202402003965 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - CC PARK43321001104610 67540 798.00 08/22/2024Report Date 9Page City and Housing Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 63 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/22/2024 - 8/22/2024 City of Palm Desert Account Number 08/22/202402003965 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PARKS43325011104611 67540 643.50 08/22/202402003965 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - ENTRADA43921011104614 67540 258.00 08/22/202402003965 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PDAC43311012424549 67540 146.25 08/22/202402003965 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PP E/W43091032774373 67540 619.50 08/22/202402003965 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PP III43091032824373 67540 478.50 08/22/202402003965 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PARKVIE43696015104195 67540 196.50 08/22/202402003966 MARINA LANDSCAPE INCW1 RTNT P117085/C46310A20600004410000 152402-02R -99.00 08/22/202402003966 MARINA LANDSCAPE INCW1 JULY 2024 SVCS48092004414195 152402-02 1,980.00 08/22/202402003967 MELANIE SLATERW1 2024-07 ESRI MILAGE43115001104300 0724MS-ESRI 159.46 08/22/202402003967 MELANIE SLATERW1 2024-07 ESRI MEALS43120001104300 0724MS-ESRI 407.00 08/22/202402003967 MELANIE SLATERW1 2024-07 ESRI LODGING43120001104300 0724MS-ESRI 1,380.00 08/22/202402003967 MELANIE SLATERW1 2024-07 ESRI PARKING43120001104300 0724MS-ESRI 120.00 08/22/202402003967 MELANIE SLATERW1 2024-07 ESRI TRANSPORTAION43120001104300 0724MS-ESRI 32.73 08/22/202402003968 NEW WEST LANDSCAPEW1 PPMHP Landscape for #73 & #12943370008734195 202408-11 300.00 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 5738 1,000.30 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 5740 1,558.96 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 5806 1,248.90 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 5807 479.68 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 5813 275.49 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - JOEMANN PARK43325011104611 5757 359.76 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - CAHUILLA HILLS43325011104611 5759 839.44 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - JOEMANN PARK43325011104611 5772 942.76 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - JOEMANN PARK43325011104611 5781 260.88 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - UNIVERSITY PARK43325011104611 5789 119.92 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - UNIVERSITY PARK43325011104611 5790 261.59 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - MEDIANS43325011104614 5758 239.84 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - FS #6743310002304220 5794 526.99 08/22/2024Report Date 10Page City and Housing Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 64 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/22/2024 - 8/22/2024 City of Palm Desert Account Number 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - PDAC43311012424549 5748 599.60 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - PDAC43311012424549 5788 719.52 08/22/202402003969 PALMER ELECTRICW1 R/M ELECT - DESERT WILLOW43320004414195 5737 119.92 08/22/202402003970 PBK ARCHITECTS INCW1 JULY 2024 SVCS44001002354270 PP#14 9,441.14 08/22/202402003971 PLAY AND PARK STRUCTURESW1 AMEND #1 EXTEND TERM/ADD FUNDS44001001104618 PJI-0061669 17,252.00 08/22/202402003971 PLAY AND PARK STRUCTURESW1 FITNESS EQUIPMENT - CC PARK44001002334618 PJI-0057670 207,954.25 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: CC PARK43092001104610 313745 185.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: CAHUILLA HILLS43320011104611 313747 25.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: HOVELY PARK43320011104611 313749 38.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: IRONWOOD PARK43320011104611 313750 28.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: MAG FALLS43320011104611 313752 38.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: PALMA PARK43320011104611 313753 25.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: FREEDOM PARK43320011104611 313748 75.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: JOE MANN PARK43320011104611 313751 25.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: UNIVERSITY DOG PK43320011104611 313754 25.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: UNIVERSITY PARK43320011104611 313755 25.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: COMMUNITY GARDENS43910001104611 313746 25.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: ART CENTER43885001104800 311992 99.00 08/22/202402003972 POWERFUL PEST MANAGEMENTW1 JULY24 PEST: AQUATIC CTR43311012424549 312276 185.00 08/22/202402003973 PROPER SOLUTIONS INC.W1 Full Time Temporary Employee43003001104111 16211 1,401.20 08/22/202402003973 PROPER SOLUTIONS INC.W1 0719-Christine J. Admin Temp43003001104150 16165 1,706.40 08/22/202402003973 PROPER SOLUTIONS INC.W1 7/26- Christine J. Admin Temp43003001104150 16188 1,706.40 08/22/202402003973 PROPER SOLUTIONS INC.W1 8/9- Christine J. Admin Temp43003001104150 16237 1,365.12 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 PD Srv Area 19 LS-1-E43514001104250 700400365524JL24 2,934.31 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 Traffic lamps LS-243514001104250 700524045271JL24 340.02 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 42991 1/2 San Pablo43514001104250 700653799848JL24 117.33 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 73510 FW City Hall43514001104340 700116008610JL24 26,587.85 08/22/2024Report Date 11Page City and Housing Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 65 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/22/2024 - 8/22/2024 City of Palm Desert Account Number 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 45480 Portola CC43514001104344 700418878578JL24 2,967.43 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 73710 FW Pumpstation43514001104610 700169234934JL24 14,636.51 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 43980 1/2 San Pablo Rd43514001104614 700339281893JL24 11,987.66 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 43556 1/2 San Pablo43514001104614 700654070741JL24 206.86 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 73751 Magnesia Falls Dr POOL43514002424549 700019219986JL24 19,462.85 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (3) Desert Mirage (38601 Cook)43510002734680 700017585033JL24 19.34 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (4) Primrose (75530 Hovley)43510002734682 700017585033JL24 15.70 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (21) Monterey Meadows (73100 H43510002754680 700017585033JL24 15.69 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (20) The Glen (40730 M)43510002754681 700017585033JL24 15.92 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (18) Hovley Estates (40962 C /43510002754682 700017585033JL24 34.46 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (19) Sonata I (40794)43510002754683 700017585033JL24 16.16 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (5) Sonata II (73500 Hovley)43510002754684 700017585033JL24 17.09 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (7) Hovley Collection (73145 H43510002754685 700017585033JL24 31.84 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (8) La Paloma I (40970 A/7362543510002754686 700017585033JL24 31.84 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (10) La Paloma II (40970 Rosar43510002754687 700017585033JL24 15.92 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (14) La Paloma III (40741 Sola43510002754693 700017585033JL24 15.92 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (11) Sandpiper (40751 / 40972)43510002754694 700017585033JL24 31.84 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (12) Sandpiper West (40753 / 443510002754695 700017585033JL24 31.84 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (13) Hovley West (40762 Hov)43510002754696 700017585033JL24 14.98 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (1) Canyon Cove (Calliandra)43510002764374 700017585033JL24 39.85 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (22) Presidents Plaza E/W43514002774373 700017585033JL24 764.86 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (2) Vineyards (43430 Stony)43510002784374 700017585033JL24 15.69 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (6) The Grove (44225 Deep Cyn)43510002814374 700017585033JL24 27.14 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (15) Presidents Plaza III (73143514002824373 700017585033JL24 1,196.68 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (23) Presidents Plaza III (73143514002824373 700017585033JL24 70.95 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (17) Portola Place (44221)43510002834374 700017585033JL24 15.92 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (9) Kaufman/Broad (73502 FS)43510002854374 700017585033JL24 16.88 08/22/2024Report Date 12Page City and Housing Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 66 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/22/2024 - 8/22/2024 City of Palm Desert Account Number 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 (16) Palm Desert CC (77925 Sta43510002994374 700017585033JL24 23.23 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 73710 FW Dr Ste 11643514005104195 700339417188JL24 688.86 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 73720 FW STE 100A43514005104195 700066496069JL24 4,432.60 08/22/202402003974 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20043514005104195 700835292306JL24 2,535.01 08/22/202402003975 THE RETAIL COACH LLCW1 Professional Services for Reta43090001104430 5342 4,583.00 08/22/202402003976 VARES, TOBYW1 DUPLICATE JULY24 PAYMENT43630001104159 REFUND 1.67 08/22/202402003976 VARES, TOBYW1 DUPLICATE JULY24 PAYMENT22865006100000 REFUND 19.89 08/22/202402003977 XEROX FINANCIAL SERVICESW1 7/29-8/28 Copier Lease43420001104190 6088634 2,851.42 Examined and Approved Total For Bank ID - W1 1,930,714.28City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 08/22/2024Report Date 13Page City and Housing Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 67 68 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 8/26/2024 - 8/26/2024 City of Palm Desert Account Number 08/26/202402003978 U S POSTMASTERW1 BRIGHTSIDE POSTAGE FY24/2543026001104417 BRIGHTSIDE SEP24 7,653.45 Examined and Approved Total For Bank ID - W1 7,653.45City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 08/26/2024Report Date 1Page City and Housing Docusign Envelope ID: C1F1136D-EE89-4483-BA37-1561BB5C36B0 69 70 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION YURI CHAVEZ, CITY CLERK TEMP Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Palm Desert Local Mart Inc 45200 Portola Ave 321 Palm Desert, CA 92260-4431 Tuesday, August 6, 2024. July 30, 2024Building and Safety 4 July 30, 2024 71 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION YURI CHAVEZ, CITY CLERK TEMP Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Palm Desert Local Mart Inc 45200 Portola Ave 321 Palm Desert, CA 92260-4431 Tuesday, August 6, 2024. July 30, 2024 Zoning of site is Downtown (D). Allows "Liquor, beverage and food items shop" as a permitted use. Appliant must obtain business license. Development Services: Planning 4 4 July 30, 2024 72 73 74 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Black Cat Pizza (Petrie and Friends, LLC) 72795 Hwy 111 Ste G2 Palm Desert, CA 92260-3322 Tuesday, July 16, 2024. July 10, 2024Building and Safety 4 July 9, 2024 75 76 77 78 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION YURI CHAVEZ, CITY CLERK TEMP Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ La Quinta Brewing Co (La Quinta Brewing Company, LLC) 74714 Technology Dr Palm Desert, CA 92211 Tuesday, August 6, 2024. July 29, 2024Building and Safety 4 July 29, 2024 79 80 81 82 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ The Cheese Shop on El Paseo 73280 El Paseo Ste 1; Palm Desert, CA 92260 Friday, June 21, 2024. June 17, 2024Building and Safety June 14, 2024 83 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ The Cheese Shop on El Paseo 73280 El Paseo Ste 1; Palm Desert, CA 92260 Friday, June 21, 2024. August 14, 2024Development Services: Planning June 14, 2024 84 85 86 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Shake Shack #1529 73199 El Paseo Ste A Palm Desert, CA 92260-4230 Tuesday, June 25, 2024. June 18, 2024Building and Safety June 18, 2024 87 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Shake Shack #1529 73199 El Paseo Ste A Palm Desert, CA 92260-4230 Tuesday, June 25, 2024. August 14, 2024Development Services: Planning June 18, 2024 88 89 90 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Dennys 9377 (APalmDesert LLC) 42455 Washington St. Palm Desert, CA 92211-8803 Monday, September 2, 2024. August 27, 2024Building and Safety August 26, 2024 91 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION , CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date:_______________ Response: No comment – okay to present to City Council. Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Dennys 9377 (APalmDesert LLC) 42455 Washington St. Palm Desert, CA 92211-8803 Monday, September 2, 2024. August 26, 2024Development Services: Planning August 26, 2024 92 93 94 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: 2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT RECOMMENDATION: 1. Receive and file the 2024 Local Agency Biennial Notice. 2. Direct staff to promulgate the necessary amendments and return to the City Council in December 2024 for adoption pursuant to the Political Reform Act. BACKGROUND/ANALYSIS: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. On June 13, 2024, the City Council adopted Resolution No. 2024 -026, directing staff to review the City's Conflict of Interest Code and file the requisite 2024 Biennial Notice. As the code reviewing body for the City of Palm Desert, the City Council is requested to receive and file the 2024 Local Agency Biennial Notice and direct staff to make appropriate amendments for City Council adoption prior to December 31, 2024, in compliance with the Political Reform Act. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. 2024 Local Agency Biennial Notice 95 96 2024 Local Agency Biennial Notice Name of Agency: City of Palm Desert Mailing Address: 73510 Fred Waring Drive, Palm Desert, CA 92260 Contact Person: Anthony Mejia, City Clerk Phone No. _7_6_0_-3_4_6_-_0_6_1_1 _____ _ Email: amejia@palmdesert.gov Alternate Email: cityclerk@palmdesert.gov Accurate disclosure Is essential to monitor whether officials have conflicts of interest and to help ensure public trust In government. The biennial review examines current programs to ensure that the agency"s code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): 0 An amendment is required. The following amendments are necessary: (Check all that apply.) IZI Include new positions □ Revise disclosure categories IZI Revise the titles of existing positions IZI Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions □ Other (describe) _______________________ _ 0 The code is currently under review by the code reviewing body. D No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed If no amendment Is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by thot holding designated positions are reported. The code includes all other provisions requilBd by Go e ode Section 87302. /, --~~1', ?oz '( • ature of Chief Executive Officer li5ale All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fppc.ca.gov FPPC Advice: advice@fppc.ca.g ov (866 .275.3772) Page 1 of 1 97 98 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT WITH KAM SANG COMPANIES, INC., FOR SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY (SARDA) PROPERTIES LOCATED AT DESERT WILLOW GOLF RESORT RECOMMENDATION: 1. Approve an Exclusive Negotiation Agreement (ENA) with Kam Sang Company, Inc., for acquisition of Lots C and D at Desert Willow Golf Resort. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the ENA. 3. Authorize the City Manager to execute the ENA and any other documents necessary to effectuate this action. BACKGROUND/ANALYSIS: As required by the State of California’s Surplus Land Act (SLA), the City provided a Notice of Availability (NOA) for certain parcels identified as Lots C, D, and E at the Desert Willow Golf Resort. Through negotiations of the parcels, and in consultation with the State Department of Housing and Community Development (HCD), the City expects to sell Lot E to Blieu, an affordable housing developer, and to sell Lots C and D outside of the SLA process. The City has received interest from Kam Sang Company, Inc. (Kam Sang), owners of the JW Desert Springs Marriott, for the acquisition of Lots C and D, and as such, would like to explore this opportunity. To initiate the exploratory process, the City and Kam Sang will need to enter into an ENA. The attached draft ENA identifies: The proposed development, A 6-month timetable to negotiate with the City/SARDA for the development and acquisition of Lots C and D, and A $15,000 “Good Faith Deposit” for City costs associated with the review. Lots C and D are controlled by SARDA, and as such, any negotiation for these parcels will include the sale of said parcels at fair market value. In addition, any future agreement to sell these parcels will require approval from the Riverside County Oversight Board (OB). Prior to County OB approval, a draft Purchase and Sales Agreement (PSA) and likely a Disposition and Development Agreement (DDA) will need to be prepared. The PSA/DDA will identify: Preparation and review of a development pro formas, The agreed-upon sales prices for the properties, and Development scope and milestones 99 City of Palm Desert ENA with Kam Sang Company Page 2 of 2 Conditions for sale Outline of any requirements for City assistance on the project (this may include a Transient Occupancy Reimbursement agreement). The preparation of these documents, as well as approval by the County OB, is estimated to take an additional 6-8 months. A draft of this ENA is provided for City Council review. If successful through the ENA process, the City/SARDA will need to draft the PSA for OB approval. Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: Successful acquisition will result in the development of a larger-scale resort at the Desert Willow Golf Resort and will support the following Strategic Plan Priorities: Economic Development Priority 1: “Expand job and business creation opportunities.” Land Use, Housing, and Open Space Priority 1: “Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses.” FINANCIAL IMPACT: Funds will be expended to obtain title reports and necessary property information. The Developer is required to provide a $15,000 deposit as part of the ENA to cover these City expenses and for City use of legal assistance. Language is provided in the ENA for the developer to replenish the deposit should City costs exceed the initial deposit amount. Therefore, there is no fiscal impact to the City’s General Fund. ATTACHMENTS: 1. Kam Sang Letter of Interest 2. Draft Exclusive Negotiation Agreement 3. Draft Right of Entry Agreement 100 101 102 1 EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT THIS EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (this “Agreement”) is entered into effective as of _____________, 2024 (“Effective Date”) by and between the City of Palm Desert, a California charter city (“City”) and Kam Sang Company, Inc., a California corporation (“Developer”). City and Developer are hereinafter referred to collectively as the “Parties.” R E C I T A L S A. The City serves as the Successor Agency to the Redevelopment Agency of the City of Palm Desert, a public agency (“SARDA”), pursuant to the redevelopment dissolution statutes, being Division 24, Part 1.85 of Health and Safety Code, commencing with Section 34170. B. SARDA is the owner of certain real property constituting approximately 34.11 acres, located within the City limits located north-easterly of the intersection of Desert Willow Drive and Market Place Drive, identified as Riverside County Assessor Parcel Numbers 620- 450-012, 620-450-013, 620-450-014, 620-450-016, 620-450-017, 620-450-018, and 620-450- 020, as more particularly described in Exhibit A attached hereto (the “Property”). The Property is vacant, unimproved land. B. SARDA has fulfilled its obligations under the Surplus Land Act, and the City, based on subsequent outreach, selected Developer as the entity with which to enter into exclusive negotiations for development of the Property. C. Developer has proposed to develop on the Property a W Branded Hotel & Residences comprised of 225 hotel rooms, 40 residential units for sale, three meal restaurant, specialty restaurant, full service spa and fitness center, and indoor and outdoor meeting spaces (the “Project”). Developer estimates total development, pre-construction and construction costs for this proposed project will be approximately One Hundred and Fifty Million Dollars ($150,000,000.00). D. The purpose of this Agreement is to establish the procedures and standards for the negotiation of a potential disposition and development agreement (“DDA”) that would address: (i) the disposition of the Property facilitated by the City, from SARDA to Developer, and (ii) Developer’s development of the Project on the Property. As more fully set forth below, this Agreement in itself does not obligate the City or the Developer to execute a DDA, or obligate SARDA to convey the Property, or any portion thereof, to Developer, nor does it grant Developer the right to develop the Project on the Property. 103 2 A G R E E M E N T NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth 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 into this Agreement as though set forth in full. 2. Good Faith Efforts to Negotiate. The Parties shall use their best efforts to negotiate a DDA that will describe the terms and conditions governing the conveyance of the Property by SARDA to Developer, or an Affiliate (as defined below) of Developer approved by SARDA and the City, and the development of the Project on the Property by an Affiliate of the Developer, approved by City. The Parties shall diligently and in good faith pursue such negotiations. This Agreement does not impose a binding obligation on SARDA to convey any portion of, or interest in, the Property to Developer, nor does it obligate City to grant any approvals or authorizations required for the Project (including the DDA). Without limiting the generality of the foregoing, Developer expressly acknowledges that any agreement(s) resulting from the negotiations contemplated hereby shall become effective only if the conveyance agreement is approved by the SARDA Board and the Countywide Oversight Board for the County of Riverside, and a development agreement is approved by the City Council following compliance with all applicable notice and hearing requirements of the City and compliance with all other applicable requirements of law, including without limitation the California Environmental Quality Act (“CEQA”). As used in this Agreement, an “Affiliate” of a person or entity shall mean an entity controlling, controlled by, or under common control with such person or entity, and shall include, but shall not be limited to a limited partnership in which the Developer is a member of a general partner of such limited partnership. The term “control” as used in the immediately preceding sentence shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the entity in question, whether through ownership, voting securities, contract, or otherwise. 3. Developer’s Exclusive Right to Negotiate with City. City agrees that it will not, during the Term of this Agreement (as defined below), directly or indirectly, through any officer, employee, agent, or otherwise, solicit, initiate or encourage the submission of bids, offers or proposals by any person or entity with respect to the acquisition of any interest in the Property or the development of the Property, and City shall not engage any broker, financial adviser or consultant to initiate or encourage proposals or offers from other parties with respect to the disposition or development of the Property or any portion thereof. Furthermore, City shall not, directly or indirectly, through any officer, employee, agent or otherwise, engage in negotiations concerning any such transaction with, or provide information to, any person other than Developer and its representatives with a view to engaging, or preparing to engage, that person with respect to the disposition or development of the Property or any portion thereof. The parties further agree and acknowledge that the City shall not facilitate the disposition or transfer of the Property to any third party during the Term. 104 3 4. Term. The Term shall commence on the Effective Date, and shall terminate six (6) months thereafter, unless extended or earlier terminated as provided herein (the “Term”). The Term may be extended for up to a maximum of one hundred eighty (180) additional days upon the mutual written agreement of Developer and City’s City Manager if the City Manager determines in his sole and absolute discretion that the Parties have made substantial progress in their negotiations to merit such extension. The Parties may, with City Council approval, agree to additional extensions. If a DDA has not been executed by the City and Developer (or an entity related to Developer and reasonably approved by the City) by the expiration of the Term (as the Term may have been extended pursuant to this Section), then this Agreement shall terminate, and neither Party shall have any further rights or obligations under this Agreement except such rights and obligations that expressly survive termination. If a DDA is executed by the City and the Developer (or an Affiliate of Developer approved by the City), this Agreement shall thereupon terminate, and all rights and obligations of the Parties shall be as set forth in the executed DDA. 5. Good Faith Deposit. In consideration for this Agreement, Developer has, prior to City’s execution of this Agreement, provided to City a cash deposit in the amount of Fifteen Thousand and 00/100 Dollars ($15,000.00) (the “Good Faith Deposit”). During the Term, City shall invest the Good Faith Deposit for purposes of earning interest thereon. If the Parties enter into a DDA, the Good Faith Deposit shall be disposed of as specified in the DDA. If this Agreement is terminated without execution of a DDA for any reason, then the Good Faith Deposit and any interest earned thereon, less any amounts expended to reimburse City for City Costs as provided in Section 6 below, shall be refunded promptly to Developer. If this Agreement is terminated as a result of an Event of Default, then the Good Faith Deposit and any interest earned thereon shall be disposed of as more fully provided in Section 12.4. If at any time prior to the Parties entering into a DDA, City Costs (as defined in Section 6) are incurred in an aggregate amount that equals or exceeds the amount of the original Good Faith Deposit, the Developer shall replenish the Good Faith Deposit with the amount necessary to cover the City Costs, and no further City Costs shall be expended until Developer provides City with a cash deposit to cover the amount of the City Costs. If Developer declines to provide such additional cash, within fifteen (15) business days of request therefore from the City, the City may elect to terminate this Agreement, and neither Party shall have any further rights or obligations under this Agreement except such rights and obligations that expressly survive termination. 6. Costs and Expenses. City shall be entitled to draw upon the Good Faith Deposit and apply such draws to reasonable expenses incurred by the City during the Term. The Good Faith Deposit may be used to cover costs that City incurs in connection with the proposed Project and negotiation with Developer regarding agreements for development of the Property. Expenses shall be limited to third party vendors including without limitation, expenses incurred for financial feasibility studies, design analyses, appraisals, environmental analyses, title examination, reasonable legal fees, and consulting fees (collectively, “City Costs”). City shall notify Developer monthly in writing of the amount drawn by City to pay City Costs. The notice shall include copies of all invoices paid and accounting details from the Good Faith Deposit. 105 4 7. Termination. 7.1 Termination by Mutual Agreement. This Agreement may be terminated at any time by the mutual written consent of the Parties. In the event of such termination, subject to Section 7.4, neither Party shall have any further rights against or liability to the other under this Agreement. 7.2 Termination by City for Cause. City shall have the right to terminate this Agreement upon City’s good faith reasonable determination that Developer is not negotiating diligently and in good faith. City shall exercise such right by delivering not less than ten (10) business days’ advance written notice to Developer describing the nature of Developer’s default and the termination date. If Developer does not commence to cure the default and resume negotiations in good faith within such ten (10) business day period, as applicable, City may terminate this Agreement effective as of the termination date stated in the notice. In the event of termination by the City pursuant to this Section 7.2, subject to Section 7.4, neither Party shall have any further rights against or liability to the other under this Agreement. 7.3 Termination by Developer. Developer shall have the right to terminate this Agreement upon Developer’s good faith reasonable determination that City is not negotiating diligently and in good faith. Developer shall exercise such right by delivering not less than ten (10) business days’ advance written notice to City describing the nature of City’s default and the termination date. If City does not commence to cure the default and resume negotiations in good faith within such ten (10) business day period, Developer may terminate this Agreement effective as of the termination date stated in the notice. In addition, Developer shall have the right to terminate this Agreement, effective upon ten (10) days’ written notice to City, if Developer determines, in the exercise of Developer’s sole discretion, that the results of Developer’s investigation of the Property are unsatisfactory with respect to Developer’s desired development activities or if Developer is unable to obtain other necessary approvals, rights or interests. In the event of termination by the Developer pursuant to this Section 7.3, subject to Section 7.4, neither Party shall have any further rights against or liability to the other under this Agreement. Notwithstanding anything to the contrary contained herein, in the event Developer chooses to terminate this Agreement as the result of an uncured material default by the City where the City has acted in bad faith, the Developer shall be entitled to seek reimbursement of the Good Faith Deposit and any additions made by Developer or its Affiliate to the Good Faith Deposit prior to the date of the termination of this Agreement. 7.4 Effect of Termination. Upon the expiration of the Term as such may be extended, or upon the earlier termination of this Agreement, without the Parties having successfully negotiated and executed a DDA, this Agreement shall forthwith be void, and there shall be no further liability or obligation on the part of either of the Parties or their respective officers, employees, agents or other representatives; provided however, the provisions of Section 9.1 (Studies), Section 9.2 (Access; Indemnity), Section 10 (Confidentiality), Section 12.4 (Liquidated Damages), and Section 14.7 (Indemnification) shall survive such termination. In no event shall either Party have the right to seek an award of damages as a result of the termination of this Agreement. 106 5 8. Compliance with CEQA. The Parties acknowledge that the Project description set forth in this Agreement is preliminary in nature and shall be described in further detail in the DDA to be negotiated during the Term. The Parties acknowledge that development of the Property for the Project will require the grant of discretionary land use entitlements subject to the City’s normal review and approval process, that the Project must comply with CEQA, and that nothing in this Agreement is intended to or shall be interpreted as the grant of any approvals for development of the Project or the Property, or the modification or waiver of any City procedures or requirements. Without limiting the foregoing, the Parties acknowledge that the City retains discretion to (i) require modification of the Project as City may, in its discretion, determine to be reasonably necessary to comply with CEQA, (ii) select other feasible alternative and/or impose mitigation measures to avoid or minimize significant environmental impacts; (iii) balance the benefits of the Project against any significant environmental impacts prior to taking final action, if such impacts cannot otherwise be avoided; and/or (iv) determine not to proceed with the Project. The Parties acknowledge that nothing in this Agreement shall be deemed a commitment by the City to facilitate SARDA to enter into an agreement for conveyance of any interest in the Property or for the development of the Project. In addition, the Parties acknowledge that the final form of any agreement governing the development of the Property may contain matters not covered in this Agreement, and the provisions herein are not intended to exclude or preclude any other issues that may arise during negotiations. Developer acknowledges that the Project must be evaluated under CEQA, as required b y the terms of the City’s approval of the DDA. If City determines that CEQA compliance requires preparation of either a Mitigated Negative Declaration (“MND”) or an Environmental Impact Report (“EIR”) for the Project, then i) Developer will select the consultant for preparation of the MND/EIR, subject to the City’s reasonable approval; and ii) Developer will pay City’s costs for environmental review, including the cost of City’s MND/EIR consultant. Developer’s obligation to pay such costs shall be in addition to Developer’s obligation to pay City expenses pursuant to Section 6. Developer further acknowledges that SARDA owns the fee interest in the Property and the disposition of the Property is subject to the approval of the Countywide Oversight Board for the County of Riverside. 9. Developer’s Studies; Right of Access; Deliverables. 9.1 Developer’s Studies. During the Term of this Agreement, Developer may prepare, at Developer’s sole expense, any studies, surveys, plans, specifications and reports (“Developer’s Studies”) Developer deems necessary or desirable in Developer’s sole discretion, to determine the suitability of the Property for the Project. Such studies may include, without limitation, title investigation, relocation analyses, marketing, feasibility, soils, seismic and environmental studies, financial feasibility analyses, and design studies. Developer shall provide to City without representation or warranty, copies of all reports, test results, studies, analyses, cost estimates, and documents prepared by third-party consultants for or commissioned by Developer with respect to the Project or the Property within ten (10) business days following 107 6 their completion; provided however, Developer shall not be obligated to provide proprietary or financial information. Developer agrees to include in all contracts for the preparation of any of Developer’s Studies a provision that will permit City to have the right to use and rely upon each study and report. Developer’s obligation to provide reports and studies pursuant to this Section 9.1 shall survive the expiration or earlier termination of this Agreement. The City shall promptly deliver to Developer, upon Developer’s request, existing written information and plans regarding the Property in the City’s possession or immediate control. 9.2 Right of Access. City will use best efforts to procure from SARDA, concurrent with the execution of this Agreement, sufficient rights for Developer, including its employees, agents, assigns and contractors, to reasonably access the Property for the purposes of inspection, environmental assessments, soils testing, and similar work. Developer shall be responsible for obtaining any additional rights of access to the Property from third parties that may be necessary to prepare Developer’s Studies. SARDA may impose reasonable limitations on access to the Property, and may require Developer to provide SARDA with proof of insurance in compliance with SARDA’s requirements prior to performance of studies on the Property. SARDA’s advance written approval shall be required for any invasive testing. Developer agrees that unless SARDA agrees otherwise in writing, Developer shall repair, restore, and return the Property and all improvements located thereon to their condition immediately prior to any such testing at Developer’s sole cost and expense, excluding ordinary wear and tear or damage or destruction by acts of God. Developer shall at all times keep the Property free and clear of all liens and encumbrances related to Developer’s inspection activities on the Property or otherwise within Developer’s control. Developer shall indemnify, defend, and hold SARDA and the City and their respective elected and appointed officers, officials, employees, consultants, agents and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including without limitation reasonably attorney’s fees and of litigation) (all of the foregoing, collectively “Claims”) arising out of Developer’s and Developer’s agents, employees, consultants, representatives and contractor’s entry on the Property or otherwise arising out of the exercise of this right of access granted to Developer hereunder, provided that Developer shall have no obligation related to Claims resulting from the Indemnitees’ gross negligence or willful misconduct, or Developer’s mere discovery of information regarding the Property, or a pre-existing condition on the Property, as long as none of Developer’s or Developer’s agents, employees, consultants, representatives and contractor’s actions or omissions cause an exacerbation of such pre-existing condition. Developer’s defense and indemnity obligations pursuant to this Section 9.2 shall survive the expiration or earlier termination of this Agreement. 9.3 Deliverables. Developer shall provide to City the deliverables identified in Exhibit B, attached hereto and incorporated herein by reference, consistent with the schedule set forth in Exhibit B, unless such other dates are agreed to in writing by Developer and City Manager. 108 7 10. Confidentiality of Information. While desiring to preserve its rights with respect to treatment of certain information on a confidential or proprietary basis, Developer acknowledges that City will need sufficient, detailed information about the proposed Project to make informed decisions about the content and approval of the DDA. City will work with Developer to maintain the confidentiality of proprietary information subject to the requirements imposed on City by the Public Records Act (Government Code Section 6250 et seq.). Developer acknowledges that City may share information provided by Developer of a financial and potential proprietary nature with third party consultants who have been contractually engaged to advise City concerning matters related to this Agreement and/or the DDA and to City Council members as part of the negotiation and decision making process. If this Agreement is terminated without the execution of a DDA, City shall return to Developer any confidential information submitted by Developer under this Agreement. If any litigation is filed seeking to make public any information Developer submitted to City in confidence, City and Developer shall cooperate in defending the litigation if Developer elects not to make public the information in question. Developer shall pay City's reasonable costs of defending such litigation if Developer elects not to make public the information in question and shall indemnify City against all costs and reasonable attorneys’ fees awarded to the plaintiff in any such litigation. 11. Execution of Definitive Agreement. The City shall have no legal obligation to grant any approvals or authorizations for the Project prior to City Council approval of the Project and related agreements following compliance with CEQA and all other applicable requirements of law. 12. Defaults and Remedies. 12.1 Default. In the event either Party breaches its obligations under this Agreement, the non-defaulting Party shall give written notice of a default to the defaulting Party specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days for monetary defaults and twenty (20) days for nonmonetary defaults (subject to such longer period as may be reasonably necessary so long as the defaulting party has commenced a cure within such twenty (20) day period and is diligently prosecuting such cure to completion) after receipt by the defaulting Party of such notice, the non-defaulting Party may exercise the remedies set forth in Subsections 12.2, 12.3, and 12.4 below, as applicable. 12.2 Remedies for City Default. In the event of an uncured default by City hereunder, Developer’s sole remedy shall be to terminate this Agreement and to seek reimbursement in accordance with Section 7.3. Upon such termination, Developer shall be entitled to repayment of the remaining Good Faith Deposit and any interest earned thereon, as further provided in Section 5 and, neither Party shall have any further right, remedy or obligation under this Agreement; provided however, any obligation under a specific provision of this Agreement for a Party to pay or reimburse the other Party for a cost or to provide indemnity and defense shall survive such termination. Except as expressly provided herein, neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance under this Agreement. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity. 109 8 12.3 Remedies for Developer Default. In the event of an uncured default by Developer, City's sole remedy shall be to terminate this Agreement and to retain the Good Faith Deposit and any interest earned thereon as further set forth in Subsection 12.4 below. Following such termination, neither Party shall have any right, remedy or obligation under this Agreement; provided however, any obligation under a specific provision of this Agreement for a Party to pay or reimburse the other Party for a cost or to provide indemnity and defense shall survive such termination. 12.4 Liquidated Damages. IN THE EVENT OF TERMINATION DUE TO DEVELOPER'S DEFAULT AS DESCRIBED IN THIS SECTION 12 ABOVE, SUBJECT TO ALL APPLICABLE NOTICE AND CURE PERIODS, THE GOOD FAITH DEPOSIT (OR, AS APPLICABLE, SUCH PORTION THEREOF WHICH HAS NOT BE DRAWN AGAINST BY THE CITY FOR CITY COSTS) MAY BE RETAINED BY CITY AS LIQUIDATED DAMAGES AND AS ITS PROPERTY WITHOUT ANY DEDUCTION, OFFSET OR RECOUPMENT WHATSOEVER. THE PARTIES AGREE THAT THE DAMAGES SUFFERED BY CITY BY REASON OF A DEVELOPER DEFAULT WOULD BE UNCERTAIN AND THAT SUCH DAMAGES WOULD INVOLVE SUCH VARIABLE FACTORS AS THE CONSIDERATION THAT ANOTHER DEVELOPER WOULD PAY FOR THE PROPERTY; THE EXPENSES OF CONTINUING THE OWNERSHIP AND CONTROL OF THE PROPERTY AND OF IDENTIFYING OTHER INTERESTED PARTIES AND NEGOTIATING WITH SUCH PARTIES; POSTPONEMENT OF TAX REVENUES TO THE COMMUNITY; AND THE FAILURE OF CITY TO EFFECT ITS PURPOSES AND OBJECTIVES WITHIN A REASONABLE TIME, RESULTING IN ADDITIONAL IMMEASURABLE DAMAGE AND LOSS TO CITY. IT IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE AMOUNT OF SUCH DAMAGES TO CITY, BUT THE PARTIES ARE OF THE OPINION, UPON THE BASIS OF ALL INFORMATION AVAILABLE TO THEM, THAT SUCH DAMAGES WOULD APPROXIMATELY EQUAL THE AMOUNT OF THE GOOD FAITH DEPOSIT HELD BY CITY AT THE TIME OF THE DEFAULT OF DEVELOPER, AND THE AMOUNT OF SUCH GOOD FAITH DEPOSIT SHALL BE PAID TO CITY UPON ANY SUCH OCCURRENCE AS THE TOTAL OF ALL LIQUIDATED DAMAGES FOR ANY AND ALL SUCH DEFAULTS AND NOT AS A PENALTY. IN THE EVENT THAT THIS PARAGRAPH SHOULD BE HELD TO BE VOID FOR ANY REASON, CITY SHALL BE ENTITLED TO THE FULL EXTENT OF DAMAGES OTHERWISE PROVIDED BY LAW. DEVELOPER AND CITY SPECIFICALLY ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION BY THEIR SIGNATURES HERE: Developer: 13. City Rights Following Expiration or Termination. Following expiration or termination of this Agreement, unless a DDA is executed by the Parties, City shall have the absolute right to pursue facilitation of the disposition and development of the Property in any manner and with any party or parties it deems appropriate; provided, however, nothing herein shall be deemed to preclude or disqualify Developer from responding to future requests for qualifications and/or proposals, if any, that City may publicly issue to qualified firms with respect to development of the Property. 110 9 14. Miscellaneous. 14.1 Assignment. The qualifications and identity of Developer are of particular concern to City. It is because of those unique qualifications and identity that City has entered into this Agreement with Developer. Accordingly, except as provided below, Developer may not assign its rights under this Agreement to any other person or entity, without the prior written approval of City. Any purported voluntary or involuntary assignment of Developer’s exclusive negotiation rights without such City written approval shall be null and void. Notwithstanding the foregoing, Developer may assign its rights under this Agreement to a limited liability company or partnership in which Developer or an affiliated entity: (a) is a managing member or general partner; (b) is responsible for managing the day-to-day entitlement and development activities of such entity; and (c) has a controlling interest in such entity, or to a tax credit partnership formed for the Project. 14.2 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. In addition, notice may be provided by electronic transmission (email), as long as notice is also sent via (i), (ii) or (iii) above. If notice is sent via electronic transmission (email), notice shall be deemed delivered upon transmittal. Any notice given by email shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day. City: City of Palm Desert Attn: Eric Ceja, Economic Development Director 73510 Fred Waring Drive Palm Desert, California 92260 Telephone: (760) 776-6384 Email: eceja@palmdesert.gov With copy to: Robert F. Messinger, Esq. 18300 Von Karman Avenue, Suite 650 Irvine, California 92612 Telephone: (949) 265-3413 Email: RMessinger@bwslaw.com 111 10 Developer: Kam Sang Company, Inc. 411 E. Huntington Drive, Suite 305 Arcadia, CA 91006 Attention: Tiffany Lam, CEO Telephone: (626) 446-2988 Email: tlam@kamsangco.com 14.3 No Commissions. Each Party represents and warrants that it has not entered into any agreement, and has no obligation, to pay any real estate commission in connection with the transaction contemplated by this Agreement. If a real estate commission is claimed through either Party in connection with the transaction contemplated by this Agreement or any resulting DDA, then the Party through whom the commission is claimed shall indemnify, defend and hold the other Party harmless from any liability related to such commission. The provisions of this Paragraph shall survive termination of this Agreement. 14.4 Relationship of the Parties. The Parties agree that nothing in this Agreement shall be deemed or interpreted to create between them the relationship of lessor and lessee, of buyer and seller, or of partners or joint venturers. 14.5 Authority; Disclosure. Developer warrants that none of its principals, officers, partners, joint venturers, employees, associates, or affiliates who have any economic interest in this Agreement or the contemplated development of the Property or the Project, have a familial, financial, or other material relationship with any elected or appointed official or employee of the City. Each person executing this Agreement on behalf of Developer does hereby covenant and warrant that (a) Developer is created and validly existing under the laws of California, (b) Developer has and is duly qualified to do business in California, (c) Developer has full corporate power and authority to enter into this Agreement and to perform all of Developer’s obligations hereunder, and (d) each person (and all of the persons if more than one signs) signing this Agreement on behalf of Developer is duly and validly authorized to do so. Each person executing this Agreement on behalf of City does hereby covenant and warrant that (a) City has full power and authority to enter into this Agreement and to perform all of City’s obligations hereunder, and (b) each person (and all of the persons if more than one signs) signing this Agreement on behalf of City is duly and validly authorized to do so. 14.6 Waiver of Lis Pendens. It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Property with respect to this Agreement or any dispute or act arising from this Agreement. This Section shall survive the expiration of termination of this Agreement. 14.7 Indemnification. Developer hereby covenants, on behalf of itself and its permitted successors and assigns, to indemnify, hold harmless and defend the Indemnitees (defined in Section 9) from and against all Claims (defined in Section 9) arising out of or in connection with the actions of Developer or Developer’s agents, employees, officers, representatives, contractors or consultants pursuant to, and during the Term of this Agreement; 112 11 provided however, Developer shall have no indemnification obligation with respect to the gross negligence or willful misconduct of any Indemnitee. This Section shall survive the expiration or earlier termination of this Agreement. 14.8 Severability. If any term or provision of this Agreement or the application thereof shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, such term or provision shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining terms and provisions of this Agreement or the application of such terms and provisions to circumstances other than those as to which it is held invalid or unenforceable unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provision. 14.9 Entire Agreement. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, oral or written, between the Parties with respect to such subject matter. 14.10 Amendments. This Agreement may be amended only by a written instrument executed by the Parties or their permitted successors in interest. 14.11 Successors and Assigns; No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns; provided however, that except as expressly permitted by this Agreement, neither Party shall transfer or assign any of such Party’s rights hereunder by operation of law or otherwise without the prior written consent of the other Party, and any such transfer or assignment without such consent shall be void. Subject to the immediately preceding sentence, this Agreement is not intended to benefit, and shall not run to the benefit of or be enforceable by, any other person or entity other than the Parties and their permitted successors and assigns. 14.12 Captions; Interpretation. This Agreement shall be interpreted as though prepared jointly by the Parties. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms. 14.13 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflicts of laws principles. Venue for any action under this Agreement shall be in Los Angeles County, California. 14.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [document continues on following page] 113 12 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF PALM DESERT, a California charter city By: __________________________ L. Todd Hileman City Manager Attest: Reviewed By: __________________________ _______________________________ Anthony J. Mejia Eric Ceja City Clerk Economic Development Director APPROVED AS TO FORM: By: __________________________ Robert F. Messinger Burke, Williams & Sorensen, LLP Special Counsel [signatures continue on following page] 114 13 DEVELOPER: KAM SANG COMPANY, INC., a California corporation By:________________________________ Tiffany Lam, Chief Executive Officer 115 14 Exhibit A PROPERTY (Attach legal description) 116 15 Exhibit B Developer Deliverables/Schedule of Performance Written Status Reports Every three months, on the 10th day of the month, commencing on the first full month after the Effective Date Preliminary Financing Plan Within three hundred sixty-five (365) days after the Effective Date Parties negotiate form of Term Sheet for purposes of negotiating DDA Within one hundred eighty (180) days after the Effective Date Conceptual Plans for entire Site Within one hundred eighty (180) days after the Effective Date Final Financing Plan with anticipated Debt and Equity Financing Within five hundred forty-five (545) days after the Effective Date Initial draft DDA Within three hundred sixty (360) days after the Effective Date 117 118 RIGHT OF ENTRY AGREEMENT (Kam Sang Company, Inc./Desert Willow Parcels ) This RIGHT OF ENTRY AGREEMENT (“Agreement”), dated as of __________, 2024, is made by and between the Successor Agency to the Redevelopment Agency of the City of Palm Desert, a public agency, corporate and politic (“SARDA”), and Kam Sang Company, Inc., a California corporation (“Licensee”), who agree as follows: RECITALS A. SARDA is the owner of that certain real property designated as Assessor’s Parcel Numbers 620-150-012, 620-450-013, 620-450-014, 620-450-016, 620-450-017, 620-450-018, and 620-450-020, situated northeast of the intersection of Desert Willow Drive and Market Place Drive in the City of Palm Desert, County of Riverside, State of California, consisting of approximately 34.11 acres, which acreage is vacant, unimproved land (“Property”). The Property is shown on Attachment No. 1, attached hereto and incorporated herein. B. City and Licensee are currently parties to that certain Exclusive Negotiating Rights Agreement, dated _________, 2024, pursuant to which City and Licensee are negotiating a Disposition and Development Agreement contemplating the sale of the Property by SARDA to Licensee, and the subsequent development of the Property (“DDA”). C. In order to make an informed decision on whether to proceed with the purchase and development of the Property, Licensee wishes to conduct studies and investigations of physical, geological, and environmental conditions on the Property, including (without limitation) drilling, trenching and excavation as necessary or desirable for evaluating subsurface conditions (“Studies”). The proposed locations for Studies are showed on Attachment No. 1. D. Licensee seeks to have access to, and SARDA wishes to provide Licensee with access to, the Property in order to conduct the Studies Licensee deems necessary or desirable, subject to the terms hereof. AGREEMENT 1. Right of Entry. (a) Grant. SARDA grants to Licensee a non-exclusive license to enter on the Property to conduct Studies of the real property as Licensee deems necessary or desirable. (b) Term. The term of this Agreement shall commence upon the date first written above, and shall expire on the earlier of: (i) the Close of Escrow, as will be defined in the DDA; or (ii) the termination of this Agreement by either party upon 5 days prior advance written notice to the other party (“Term”). Upon the termination of this Agreement pursuant to clause (ii) above, Licensee shall, at its sole cost and expense, remove any personal property or equipment of Licensee on the Property in accordance with all applicable laws. 119 (c) Costs. Licensee shall bear the entire cost of all Studies performed by Licensee or at Licensee’s direction. 2. Notice. Licensee shall, at least one (1) business day (but in no event less than twenty-four (24) hours) prior to entry onto the Property, provide written notice to the Executive Director, Todd Hileman, by electronic mail at thileman@palmdesert.gov, of its intention to enter the Property to have its contractors begin the contemplated Studies. The notice shall expressly inform the SARDA contact named above when Licensee needs access to the Property 3. Permits and Compliance with Law. Licensee and/or its contractors shall conduct the Studies in accordance with all applicable federal, state, and local laws, regulations, standards, directives, guidelines, and judicial and administrative orders and decrees (collectively, “Laws”) currently existing and as may be amended, enacted, issued, or adopted, prior to conducting the Studies, and shall obtain and maintain, at its sole cost and expense, all governmental permits and authorizations required by any governmental authority for the Studies and all activities associated therewith, or any other activity of Licensee on the Property. Licensee shall provide copies of all such permits to SARDA prior to performing the Studies. 4. Assumption of Risk. Each person entering upon the Property under this Agreement shall do so at his, her or its own risk. On behalf of itself and its agents, representatives, assigns, heirs, spouses, successors-in-interest, executors, administrators, employees, contractors and subcontractors (“Releasors”), Licensee assumes all risk of entering the Property and agrees that SARDA, and its officers, agents, representatives, volunteers and employees are released and shall not be liable in any manner for harm, injury or death of Releasors or for damage to property of Releasors caused by Licensee entry upon the Property under this Agreement and whether occurring on or after the date of this Agreement. This release applies to all potential future claims and Licensee on behalf of itself and the Releasors agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, as follows: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 5. Restoration. In the event that Licensee causes any damage to any portion of the Property or any adjacent properties or the existing improvements thereon, Licensee, at its expense, shall promptly restore the Property, adjacent properties and existing improvements thereon as nearly as possible to the physical condition existing immediately prior to Licensee’s entry onto the Property. 6. Insurance. Prior to conducting any Studies on the Property, and throughout the duration of this Agreement, Licensee shall provide to SARDA evidence of insurance coverage acceptable to SARDA to protect SARDA and Licensee from damages and losses that may arise from such preliminary work, as follows. (a) Minimum Insurance. Licensee shall procure and maintain the following insurance: 120 (i) Commercial General Liability insurance, or its equivalent, with limits not less than $2 million per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or be twice the required occurrence limit. Such insurance shall be primary and not contribute with any insurance or self-insurance maintained by SARDA. Such insurance shall be endorsed to designate SARDA, its elected and appointed officials, employees, and volunteers as additional insureds. (ii) Business automobile liability insurance with limits not less than $1 million per occurrence. Such insurance shall include coverage for owned, non- owned, and hired automobiles. (iii) Workers’ compensation insurance as required by California law and Employer’s Liability insurance with limits not less than $1 million per accident for bodily injury or disease. The workers’ compensation insurance shall contain an endorsement stating the insurer waives any right of subrogation against SARDA, its elected and appointed officials, employees and volunteers. (b) Special Provisions Applicable to All Coverages. (i) The policy must provide SARDA 30 days’ notice of cancellation. (ii) Self-insured retentions must be declared and approved by SARDA. (c) Evidence of Insurance. Prior to commencement of work, Licensee shall furnish SARDA with certificates and specified endorsements evidencing compliance with these insurance requirements. Licensee agrees to provide complete, certified copies of all required insurance policies if requested by SARDA. (d) Acceptability of Insurers. Insurance shall be placed with insurers that maintain an A.M. Best rating of A-, VII or better or otherwise meet the written approval of SARDA. (e) Contractors; Subcontractors. Licensee shall ensure that contractors and subcontractors maintain insurance that complies with the requirements stated herein. 7. Indemnification by Licensee. Licensee shall defend, indemnify, protect and hold SARDA harmless from any and all costs, expenses (including, without limitation, reasonable attorneys’ fees and expenses), claims, damages, losses, liabilities and demands arising from or related to Licensee, or Licensee’s agents’, employees’, contractors’ or consultants’, entry upon the Property or the exercise of Licensee’s rights under this Agreement, whether occurring prior to, on or after the date of this Agreement, including (without limitation) (i) damage to the Property or any adjacent properties, buildings or improvements; (ii) injury to or death or any person, and/or (iii) the further release of any hazardous materials, including lead based paint or asbestos, presently existing on or about the Property as a result of testing for the same (collectively, “Licensee’s Indemnity Obligations”). However, notwithstanding anything to the contrary contained herein, Licensee shall have no liability under this Agreement with respect to the discovery of Hazardous 121 Materials on the Property as a result of the Studies. Licensee’s Indemnity Obligations and liability under this Section 7 shall survive the termination of this Agreement. 8. Mechanic’s Liens. Licensee shall have no right, power or authority to bind SARDA or any interest of SARDA in the Property under any statute relating to mechanic’s liens by a contract for the furnishing of any work, labor, or material on or to the Property. In the event that any notice of mechanic’s liens is filed or given, Licensee shall, without delay, cause the same to be released or discharged. 9. Miscellaneous. (a) Entire Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior and contemporaneous understandings and agreements, whether oral or written, between the parties respecting the subject matter of this Agreement. (b) Choice of Law. This Agreement shall be governed by the laws of the State of California. (c) Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (d) Waiver of Covenants and Conditions. The waiver by one party of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement. (e) Amendment. This Agreement may be amended at any time by the written agreement of SARDA and Licensee. All amendments, changes, revisions and discharges of this Agreement in whole or in part, and from time to time, shall be binding upon the parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the parties hereto. (f) Incorporation of Recitals. The Recitals set forth at the beginning of this Agreement are hereby incorporated by reference into this Agreement as though fully set forth within the body herein. (g) Headings. The section and subsection headings to this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. 122 (i) Notices. All notices and demands which any party is required or desires to give to any other shall be given in writing by personal delivery, by certified mail, return receipt requested, or by electronic facsimile transmission to the address or telecopy number set forth below for the respective party. To City: City of Palm Desert Attn: Eric Ceja, Community Development Director 73510 Fred Waring Drive Palm Desert, California 92260 Telephone: (760) 776-6384 Email: eceja@palmdesert.gov) To Licensee: Kam Sang Company, Inc. Attn: Tiffany Lam, CEO 411 E. Huntington Drive, Suite 305 Arcadia, CA 91006 (626) 446-2988 Email: _______________ 10. Right of Possession. Licensee acknowledges and agrees that the Agreement shall not create any possessory rights in Licensee with respect to the Property.’ 11. No Assignment. Licensee shall not assign, mortgage, pledge or encumber (whether voluntarily or by operation of law) the Agreement, or any of Licensee’s rights or obligations under this Agreement, in whole or in part, or permit the same or any portion thereof to be used by others, without the prior written consent of SARDA in each instance, and any attempted assignment, mortgage, pledge or encumbrance by Licensee in violation of this Section 11 shall be void. 12. Attorney Fees. If any action is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to reimbursement for all costs and attorney fees incurred in such action. 13. Authority. Licensee and City each represent and warrant to the other, as of the date hereof, that (i) it has the full power and authority to enter into this Agreement and to carry out the performance of the covenants and obligations contained herein; and (ii) no consent or authorization of any third party is required for Licensee’s or SARDA’s execution and delivery of this Agreement. [Signature Page Follows] 123 LICENSEE: Kam Sang Company, Inc., a California corporation By: Name: Tiffany Lam Title: Chief Executive Officer SARDA: Successor Agency to the Redevelopment Agency of the City of Palm Desert, a public body, corporate and politic By: L. Todd Hileman, Executive Director ATTEST: By: Anthony J. Mejia, City Clerk APPROVED AS TO FORM: By: Robert F. Messinger Burke, Williams & Sorensen, LLP Special Counsel 124 ATTACHMENT NO. 1 Depiction of the Property The Property is shaded in red in the depiction below and designated as SARDA Owned in the key. 125 126 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Martin Alvarez, Public Works Director SUBJECT: APPROVE CHANGE ORDER NO. 3 FOR CONTRACT NO. C44200B TO AMERICAN LANDSCAPE, INC., OF CANOGA PARK, CALIFORNIA, FOR THE GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF RESORT (PROJECT NO. MLS00005) RECOMMENDATION: 1. Approve Change Order No. 3 to Contract No. C44200B with American Landscape, Inc., of Canoga Park, California, for the Firecliff Golf Course Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort (DWGR) in the amount of $395,901, plus a $40,000 contingency. 2. Appropriate $443,570 from the unobligated Desert Willow Capital Fund Balance to Account No. 4414195-4809200, DWGR Capital. 3. Authorize the City Attorney to make any necessary non-monetary changes to the change order. 4. Authorize the City Manager to execute the change order and to approve additional written contract change orders requests up to the contingency amount per Section 3.30.170 of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the Notice of Completion (NOC) and authorize the City Clerk to file the NOC upon satisfactory completion of the project. BACKGROUND/ANALYSIS: On December 14, 2023, the City Council awarded a contract to American Landscape, Inc., in the amount of $4,083,396.75, with a $400,000 contingency, for the Desert Willow Firecliff Golf Course Renovation Project. The project commenced on May 15, 2024, and is scheduled for completion by the end of September 2024. The project scope includes: Renovation and re-leveling of all tee box complexes Renovation of all 18 greens, with expansion to their original size and new mini-verde turf Relocation of the Hole No. 10 tee boxes to the south to accommodate future development of Lot Pad A. Turf reduction of over 10 acres in areas that do not affect golf play, funded as part of a mitigation measure by the DSRT Surf Developer. As part of the $400,000 project contingency the City has approved Change Orders 1 and 2 within the allowed contingency amount. 127 City of Palm Desert Change Order No. 3 for Desert Willow Firecliff Golf Course Renovation Project Page 2 of 3 Change Order No. 1 - $93,599 This contract modification addressed an unforeseen field condition where a main reclaimed water line was discovered beneath the proposed new tee box complex for Hole No. 10. Additional grading and relocation of the cart path was required to address this issue. The change order also included the installation of additional sod in transition areas adjacent to tees and greens. During the renovation, staff, and both landscape and golf course architects , reviewed the turf reduction areas and determined that additional landscape treatments were required to address the stark transitions along greens and fairways left behind from the turf reduction work (see attached turf reductions areas). To address this, staff collaborated with the project team, including Kemper Sports Management, to develop relandscaping options in three tiers. Tier 1 – Relandscaping of key backdrops adjacent to greens, including drought-tolerant plants/irrigation, boulders, cobble, and decomposed granite ground cover. Tier 2 – Use of inert material, boulders, and decomposed granite. Tier 3 – Use of decomposed granite ground cover only in areas along fairways that are not impacted by views. As an example of Tier 1 landscaping, Holes 9, 11, 12, 14 and 15 included landscape upgrades as part of the construction contract (see Tier 1 landscape photographs). Change Order No. 2 - $292,985 To address the remaining areas needing landscape or ground cover treatment resulting from turf reduction, the City approved Change Order No. 2 . This change order focused on the relandscaping of the remaining Tier 1 areas adjacent to greens and key visible corridors, mitigating the aesthetic impacts caused by turf reduction. Specifically, it included additional relandscaping of backdrops near greens on Holes 1, 4, 7-10, 16, and 18. Change Order No. 3 - $395,901 This final change order will address funding the relandscaping Tier 2 ($95,839) and Tier 3 ($300,062) areas impacted by turf reduction, aiming to improve playability and aesthetics of the golf course. All costs associated with these changes are consistent with unit prices provided by the contractor at the beginning of the project. Staff recommends approval of Change Order No. 3 in the amount of $395,901, with an additional contingency of $40,000. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The Desert Willow Firecliff Golf Course Renovation costs are covered by the Desert Willow Capital Fund. To address the need for additional work, staff is requesting a $4 43,570 appropriation to fund Change Order No. 3 and the additional $40,000 contingency to Account 128 City of Palm Desert Change Order No. 3 for Desert Willow Firecliff Golf Course Renovation Project Page 3 of 3 No. 4414196-4809200. This appropriation will also cover costs for additional design services. The cost of design and construction for turf reduction improvements will be partially offset by reimbursement from the DSRT SURF developer, as pe r their agreement. There are sufficient funds available in the Desert Willow Capital Fund, so there is no impact to the General Fund with this action. The following table provides the current project budget and costs. Item Authorized Available Budget Contract Appropriation Request Carryover Funds Awarded Contracts $404,790.00 Consulting Services Hurdzan Professional - A42830 February 1, 2022 $50,000.00 Design Services Herman Design Group - C44200 September 29, 2022 $305,100.00 Design Hermann Amend 1 September 6, 2023 $10,000.00 $10,000.00 Design Hermann Amend 2 July 26, 2024 $9,085.00 Design Hermann Amend 3 August 26, 2024 $12,000.00 Construction Management HR Green – A44920 March 9, 2023 $49,690.00 Appropriation December 14, 2023 $4,473,396.75 Construction American Landscape - C44200B December 14, 2023 $10,000.00 $4,083,396.75 Construction CO 1 American $93,599.00 Construction CO 2 American $292,985.00 *Construction CO 3 American September 12, 2024 $395,901.00 *Add Contingency – C44200B September 12, 2024 $40,000 Total $4,898,186.75 $5,341756.75 $443,570 DSRT SURF Developer Reimbursement $319,121.50 Project Cost $5,022,635.25 *Current request ATTACHMENTS: 1. Change Order No. 3 2. Contractor Proposal – Tier 2 3. Contractor Proposal – Tier 3 4. Photographs – Hole 16 Fairway 5. Photographs – Turf Reduction 6. Photographs – Completed Enhancements 129 130 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: C44200B P116950 3 4 4414195-4809200 MLS00005 V0016147 Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort American Landscape, Inc. Relandscape of Tier 2 and 3 $ 395,901.00 $ 0.00 $ 395,901.00 $ 395,901.00 $ 395,901.00 $ 395,901.00 Relandscape Tier 2 and 3 areas impacted by turf reduction to improve playability and aesthetics of the golf course. $ 4,083,396.75 $ 835,901.00 $ 835,901.00$ 4,919,297.75 $ 4,469,980.75 $ 53,416.00 $ 386,584.00 $ 53,416.00 The amount of the contract will be increased by the sum of: Three Hundred Ninety-Five Nine Hundred One 00 $ 395,901.00 $ 4,865,881.75 131 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: _____ C44200B 3 N/A 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44470 WITH THE CHRISTMAS KINGS, INC., DBA SOUTHERN CALIFORNIA LIGHTING, INC., FOR ADDITIONAL SEASONAL LIGHTING (PROJECT NO. MLS00033) RECOMMENDATION: 1. Approve Change Order No. 1 to Contract No. C44470 with The Christmas Kings, Inc., dba Southern California Lighting, Inc., of Lake Elsinore, California, in the cumulative amount of $122,000, plus an annual contingency amount of $50,000 for additional areas. 2. Authorize extra work in the annual amount of $25,000 for unforeseen conditions and repairs. 3. Authorize the City Manager to execute the agreement, change orders, amendments, and any other documents necessary to effectuate these actions. BACKGROUND/ANALYSIS: On November 17, 2022, Contract No. C44470 for the Seasonal Lighting and Décor Program was awarded to The Christmas Kings, Inc., in the amount of $370,000 for a 5-year term commencing July 1, 2023. Recently, the City Council requested that the Seasonal Lighting Subcommittee reconvene to consider additional seasonal lighting along major thoroughfares in the City. The Subcommittee met on January 8, 2024, and April 26, 2024, to determine the scope for the additional lighting and select the décor. The following scope was defined: Add seasonal décor to safety lights (i.e. intersection light poles) at the following locations: o All intersections on Highway 111 between Parkview and Hospitality o Intersection of Cook and Gerald Ford o Intersections on Dinah Shore from Monterey to Gateway Total 64 additional pole décor Staff contacted The Christmas Kings, Inc., to request a proposal for the additional lighting. The City will rent the additional decorations rather than purchase them to provide cost efficiency. The additional cost for the remainder of the contract term is listed be low: Contract Year Season Contract Change Order #1 Extra Work Contingency Annual Total Year 1 2023-24 $78,000 N/A N/A N/A $78,000 Year 2 2024-25 $73,000 $35,000 $25,000 $50,000 $183,000 Year 3 2025-26 $73,000 $32,000 $25,000 $50,000 $180,000 Year 4 2026-27 $73,000 $30,000 $25,000 $50,000 $178,000 Year 5 2027-28 $73,000 $25,000 $25,000 $50,000 $173,000 Cumulative Total $370,000 $122,000 $100,000 $200,000 $792,000 157 City of Palm Desert Approve Change Order for Additional Seasonal Lighting Page 2 of 2 The total cost for the additional lighting décor selected by the Subcommittee for the remainder of the contract term is $122,000. Staff requests an annual contingency amount of $50,000 to add areas as requested, and $25,000 annually for allowable extra work for unforeseen circumstances and repairs associated with the program. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The approved operations budget for Fiscal Year 2024-25 includes $185,000 under Account No. 1104614-4391001 for the Seasonal Lighting and Décor Program, which totals $183,000, including contingency and allowable extra work in FY 2024-25. Staff will budget accordingly during the annual budget approval process for future years and expenditures will be contingent upon budget approval; therefore, there is no further financ ial impact to the general fund. ATTACHMENTS: 1. Agreement C44470 2. C44470 The Christmas Kings CO1 3. Quote - The Christmas Kings 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 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: C44470 1 4 1104310-4391001 MLS00033 V0014653 Seasonal Lighting and Decor Program The Christmas Kings, dba Southern California Lighting, Inc. Add seasonal décor to safety lights (i.e. intersection light poles) $ 122,000.00 $ 0.00 $ 122,000.00 $ 122,000.00 $ 122,000.00 $ 122,000.00 Add seasonal decor to safety lights (i.e. intersection light poles) at 64 intersections that include: Intersections on Highway 111 between Parkview and Hospitality Intersection of Cook and Gerald Ford Intersections on Dinah Shore from Monterey to Gateway $ 370,000.00 $ 0.00 $ 0.00$ 370,000.00 $ 370,000.00 -$ 122,000.00 $ 0.00 -$ 122,000.00 The amount of the contract will be increased by the sum of: One Hundred Twenty-Two Thousand 00 $ 122,000.00 $ 492,000.00 199 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: _____ C44470 1 N/A 200 201 Selected Seasonal Lighting Décor Item No. 18240.B2 Specifications: • Height 2.50 m • Length 0.70 m 202 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: David Reyes Jr., Street Maintenance Supervisor SUBJECT: APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM SONSRAY MACHINERY RECOMMENDATION: 1. Approve the purchase of a 580 SN BACKHOE from Sonsray Machinery in the amount of $154,264.73, plus $5,000 in contingency for unforeseen costs. 2. Authorize the City Manager to execute all documents necessary to effectuate this action. BACKGROUND/ANALYSIS: The City’s current backhoe is more than 20 years old , with 2,600 hours of use and $29,000 in repairs over the last two years. It is expected to last approximately 20 years or 6,000 hours, but due to its age, it will require more frequent repairs. Consequently, during the Fiscal Year 2024- 25 budget preparation, staff included the purchase of a 580 SN Backhoe. The backhoe will be used to remove broken concrete panels, debris and fallen trees in the City’s right-of-way during emergency situations. Staff requested a quote from Sonsray Machinery, a member of the Sourcewell Program. Sourcewell is a state program that allows public agencies to acquire a wide variety of commodities and services at prices that have been assessed to be fair, reasonable, and competitive. Sonsray Machinery provided a quote for a new 580 SN Backhoe in the amount of $154,264.73, which includes a 28 percent discount. The new backhoe is expected to have a lifespan of 20 to 25 years, with up to 6,000 hours operational hours depending on usage. Additionally, the new unit is covered by a factory warranty of 2 years or 2000 h ours and an additional extended protection plan of 3 years or 3000 hours. Therefore, staff requests approval of the purchase under Palm Desert Municipal Code 3.30.160(E), exemptions to procurement methods. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: Funds in the amount of $150,000 for the purchase of the backhoe are included in the approved Capital Improvement Project (CIP) List for FY 2024-25 under the vehicle/equipment replacement Account No. 5304310-4403000. The total cost of the backhoe is $154,264.73, plus $5,000 for unforeseen costs related to long lead times. Staff expects to offset the additional $9,264.73 with savings from other equipment purchases; therefore, no appropriation is requested at t his time. There is no further financial impact to the General Fund related to this action. 203 City of Palm Desert Page 2 of 2 ATTACHMENT: 1. Sonsray Machinery Quote 204 205 206 207 208 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC. RECOMMENDATION: 1. Authorize the purchase of bench and waste bin replacements for El Paseo from Outdoor Creations, Inc., in the amount of $212,095.10. 2. Authorize appropriation in the total amount of $212,095.10 from Reallocated Capital Improvement Bond Proceed Funds to Account Number 4514679-5000102. 3. Authorize the City Attorney to make necessary nonmonetary changes to the agreement . 4. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action. BACKGROUND/ANALYSIS: El Paseo is an integral part of the core commercial area in Palm Desert, providing shopping and dining experiences for residents and visitors. Public Works staff are responsible for maintaining its roads, sidewalks, medians, landscaping, and outdoor equipment, including benches and waste bins. The benches and waste bins on El Paseo were replaced in 2012 with a recycled concrete product, which has been found to have a shorter lifespan than concrete products. The benches and waste bins are in poor condition and need replacement. Staff conducted research to attain a more durable alternative and discovered that products containing nano -coating were more resistant to staining and graffiti, easier to clean, and longer-lasting. Staff contacted four concrete vendors to solicit quotes for the benches and waste bins. One vendor declined to provide the custom product requested. The three quotes obtaine d are as follows: Vendor Location Cost Seawright Custom Precast, Inc. Coachella, California $177,340.34 Outdoor Creations, Inc. Anderson, California $212,095.10 Wasau Tile, Inc. Rothschild, Wisconsin $238,238.47 Staff intend to purchase the equipment and complete installation before the peak shopping season on El Paseo. Although Seawright Custom Precast, Inc., provided the lowest proposal, staff have previously found this vendor to have long lead times for large orders. Furthermore, the quote does not include the nano-coating which is desirable for maintaining the benches and 209 City of Palm Desert Authorize Purchase of El Paseo Benches and Waste Bins Page 2 of 2 waste bins in the long term. Therefore, staff recommend awarding the Goods and Equipment Purchase Agreement to Outdoor Creations, Inc. Legal Review: This report has been reviewed by the City Attorney’s office. Appointed Body Recommendation: Staff attended two El Paseo Business Improvement District (EPBID) board meetings to present options for bench and waste bin replacement. EPBID members asked questions and provided input on the design and composition of the benches and waste bins. After receiving this input, staff recommends purchasing 35 new, permanent benches and 35 new, permanent waste bins to replace the existing outdoor equipment along El Paseo. FINANCIAL IMPACT: The purchase of the El Paseo equipment is not included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2024 -25, as the request was brought forward after the budget approval process. Given the longer lifetime and sustainability of the new product, staff requests an appropriation of $212,095.10 from reallocated capital improvement bond proceed funds to Account No. 4514679-5000102. Therefore, there will be no additional financial impact to the General Fund with this action. Description 2024-25 Budget Project Cost Requested Appropriation Custom Dual Waste Bins $0 $116,192.21 $116,192.21 Custom Flat Benches $0 $95,902.89 $95,902.89 Totals $0 $212,095.10 $212,095.10 ATTACHMENTS: 1. City Goods and Equipment Purchase Agreement – Outdoor Creations, Inc. 2. Outdoor Creations – Quote and Design 3. Product Renderings 210 Contract No. 1 CITY OF PALM DESERT GOODS AND EQUIPMENT PURCHASE AGREEMENT This Goods and Equipment Purchase Agreement (“Agreement”) is entered into this 22ND day of AUGUST , 2024, by and between the City of Palm Desert (“City”), and OUTDOOR CREATIONS, INC., a CORPORATION, with its principal place of business at 2270 BARNEY ROAD, ANDERSON, CA 96007 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS/COOPERATIVE PROCUREMENT. A. Definitions. 1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. 2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “B.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier. 1. Program. The purchase has been made through a REQUEST FOR QUOTES, a program for the procurement of goods and services for governmental agencies. Documents related to the procurement of this Agreement shall be made available to City upon request. 2. Reserved. Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at the City’s request. Section 3. INSPECTIONS AND TESTS. The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under C. The inspection, failure to make 211 Contract No. 2 inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under 0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this B. C. For any breach of the warranties contained in A and B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives, and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this 0, the City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code. 212 Contract No. 3 Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 213 Contract No. 4 2. Written acceptance of the Goods by the City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state, or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the 214 Contract No. 5 Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of 215 Contract No. 6 all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance. RESERVED. . 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available 216 Contract No. 7 coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. 217 Contract No. 8 B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. 218 Contract No. 9 Section 18. MISCELLANEOUS PROVISIONS. A. 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: CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Shawn Muir, Community Services Manager SUPPLIER: OUTDOOR CREATIONS, INC. 2270 BARNEY ROAD ANDERSON, CA 96007 Attn: TIM L. HUDSON 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. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. 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. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. 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. 219 Contract No. 10 I. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. 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. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE] 220 Contract No. 11 ___ SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND OUTDOOR CREATIONS, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager OUTDOOR CREATIONS, INC., A CORPORATION By: Its: Attest: By: Anthony J. Mejia City Clerk General Manager Printed Name: Ken Nichols By: Its: Regional Manager Printed Name: Nathan Packer Approved as to form: By: Best Best & Krieger LLP City Attorney QC: Insurance: Initial Review Final Approval 221 Contract No. 12 Exhibit A Goods Specifications The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. • Quantity: 35 Custom Block Leg 18" x 18" x 78" Flat Bench with Skate Deterrents and Reveal at Top. Cast In Logo - City of Palm Desert Logo Painted, Black & Tan on one side of bench, Medium Sandblast, Nano coating, Light Gray, tax and shipping • Quantity: 35 Custom 39" W x 33" T x 21 D Dual open top waste container. Reveal at 6" from Top. 7" wide slots on bottom for lifting purposes- 2 Liners included - SQT29 Cast In Logo - 26" x 18" City of Palm Desert Logo Painted Black & Tan on one side of unit Custom Lid - Powdercoated Recycle Blue with (2) RECYCLE Stickers - 9" Deposit Hole Custom Lid - Powdercoated Bronze with (2) TRASH Stickers - 9" Deposit Hole Light Sandblast, Nano coating, Light Gray, tax and shipping 222 Contract No. 13 Exhibit B Delivery Schedule Manufacturer estimates an 18-week production schedule. Delivery will be scheduled upon completion of production. 223 Contract No. 14 Exhibit C Fee Schedule Line Item Description Quantity Unit of Measure Unit Cost Total 1 Benches 35 each $2,368.00 $82,880.00 Shipping $6,125.00 Salex Tax $6,897.89 2 Waste Container 35 each $2,906.00 $101,710.00 Shipping $6,125.00 Sales Tax $8,357.21 TOTAL $212,095.10 224 Qt y.UO M Model #De scription Unit Pric e Amo unt 35 EA Cu st om Cu st om Block Leg 18"x 18"x 78"Flat Be nch w it h 2,368.00 82,880 .00 Skate De terrents and Reve al at Top. 35 <Each>Ca st In Logo Ca st In Logo - City of Palm Des ert Logo Painted Black & T an on two si des of ben ch EA LT SB Light Sa ndblast EA NA NO Na no - Non-sac rificial sealer <Each>Tan OD C Tan Color 1 <Each>Shipping Must Be Tax ed,Company Owned Truc k 6,125.00 6,125.00 Sales Rep SOLD TO Good Thru 8/24/24 Terms TOTAL 95,902 .89 Sales Tax 6,897.89 Subt ot al 89,005 .00 530 -365-6106 530 -365-5129 QU OTAT ION Tim L. Huds on AU TH ORIZ ED SALES PERSON SIGN ATU RE PH#FX# Email tim@outdoorc rea ti ons .com SHIP TO PL EASE FILL IN THE REQ UI RED INFORMATION ON TH E ADDIT ION AL PAGE WIT H THE TE RM S AND CONDITIONS. ST ANDARD DELIV ERY A.R.O AND APPROVED SUBMITTA LS/O RDER IS 1 6+ W EEKS (D oes not appl y to custom p ro ducts). 7/25/24 7/25/24Date: Q74 28QuoteNo.: Ac co unts Pa yable 73-510 Fred Waring Drive Palm Deser t,CA 922 60-25 78 US A Net 30 Da ysTim L.Hu dson Please sign he re t o co nf ir m your or de r and acknowledge that you have read and understand ou r t erms and conditi on s Forklift required upon de livery unless oth er arrangements made prior t o or de r. Palm Deser t,City of Cu st om Flat Be nche s Brad Ch uck 760-4 23-33 92 bc huc k@p almdeser t.gov Palm Deser t,CA 922 60 Purchase Order 227 0 B ar ney Road Ander son,CA 960 07 US A Out doo r Crea ti ons Inc. Final sales tax wi ll be calculate d at time of shipping.225 CUSTOM FLAT BENCH - 18" x 18" x 78" CITY OF PALM DESERT, CA ELEVATION SECTION PLAN OUTDOOR CREATIONS, INC.SCALE: 1” = 18”MAN. TOL. +/- 1/4" DRAWN BY: MNC 7/25/24 REV.2 OUTDOOR CREATIONS INC. 2270 Barney StreetAnderson, CA 96007(530) 365-6106FAX (530) 365-5129 NOTES: 1. Concrete mix design to include a mixture of Portland Cement, water, coarse and fine aggregates, pure mineral oxide coloringagents (when applicable) to yield a minimum compressive strength of 5000 psi.2. Final product shall be reinforced with #4 and #5 rebar grid.3. Product is cast in 1-piece with no assembly required.4. Hairline cracks may develop over time. These are not structural failures, but inherent characteristics of the materialitself.5. Air pockets are a common occurrence in precast products. The frequency and size of air pockets are variable and to be expected, especially on vertical surfaces.6. Concrete corners and edges will chip if not handled accordingto guidelines. Patch kits are available but may or may not blendand can be variable.7. There is a level of care and maintenance associated with your product and is the responsibility of the end user. Choosing the right sealer can help minimize those costs. WEIGHT: 1200 LBS TEXTURE: Light SandblastCOLOR: ODC TanSEALER: Nano Tech Barrier CUSTOMER APPROVAL x________________________________________ BENCH INSTALLATION::This bench model will have cast inthreaded inserts in the bottom of each leg.Bench will be supplied with coilrod formechanical attachment, as an additional security method. **Bench requires epoxy applied to coverbottom of entire leg. Epoxy adhesive shouldbe checked periodically to ensure continuedadhesion. *Threaded inserts in legs for mounting dowels (1 per leg). (2) 3/4” x 8” coilrods provided per bench for mounting. 1/2" Radius on all edges 78 in 18 in 12 in 12 in 1 1/2 in 15 in 15 in 24 in 24 in 15 in 18 in 18 in 15 in 1 1/2 in 12 in 78 in 18 in 15 in 24 in 24 in 15 in Anti Skate Indention Profile 2” 11/16" Anti-skate indents on both sides of bench *Paint colors: BlackTan: PPG 1090-6 Allegro (2) Cast in logoson outer of both legs painted black and tan (background color of concrete)Size: 14" x 8 1/4" NEW LOGO 226 *Paint colors: BlackTan: PPG 1090-6 Allegro (2) Cast in logos on outer both legs painted black and tan (background color of concrete) Size: 14" x 8 1/4" NEW LOGO CUSTOM FLAT BENCH - 18" x 18" x 78" PALM DESERT LOGO, CAST IN OUTDOOR CREATIONS, INC.DRAWN BY: MNC REV.2 OUTDOOR CREATIONS INC. 2270 Barney StreetAnderson, CA 96007(530) 365-6106FAX (530) 365-5129 PLEASE NOTE: It is VERY IMPORTANT to carefully read over your artwork, this includes, but is not limited to, the spelling of names, dates, places, logos, etc. Outdoor Creations Inc. is not liable for replacement of product, if artwork has been approved. Replacement of product that was approved with incorrect spellings, dates, logos, etc will be the responsibility of the customer. Thank you for your understanding. I have read the above statement and approve the artwork:__________________________ 227 Qt y.UO M Model #De scription Unit Pric e Amo unt 35 EA Cu st om Cu st om 39" W x 33"T x 21 D Du al op en top wast e 2,906.00 101 ,710.0 0 container.Rev eal a t 6" from Top.7"wide slots on bottom for lifting pur pos es-2 Liner s i nclud ed - SQT29 35 <Each>Ca st In Logo Ca st In Logo - 26"x 18"Ci ty of Palm De ser t Logo Painted Blac k &Tan on on e s ide of un it 35 EA Cu st om Cu st om Lid - Pow derc oat ed Recycle B lue with (2 )RE CY CLE St ickers - 9"De posit Hole 35 EA Cu st om Cu st om Lid - Pow derc oat ed Bronze with (2 )TRA SH Sticke rs - 9"Depos it Ho le EA LT SB Light Sa ndblast EA NA NO Na no - Non-sac rificial sealer <Each>Tan OD C Tan Color 1 <Each>Shipping Must Be Tax ed,Company Owned Truc k 6,125.00 6,125.00 Sales Rep SOLD TO Good Thru 8/24/24 Terms TOTAL 116 ,192.2 1 Sales Tax 8,357.21 Subt ot al 107 ,835.0 0 530 -365-6106 530 -365-5129 QU OTAT ION Tim L. Huds on AU TH ORIZ ED SALES PERSON SIGN ATU RE PH#FX# Email tim@outdoorc rea ti ons .com SHIP TO PL EASE FILL IN THE REQ UI RED INFORMATION ON TH E ADDIT ION AL PAGE WIT H THE TE RM S AND CONDITIONS. ST ANDARD DELIV ERY A.R.O AND APPROVED SUBMITTA LS/O RDER IS 1 6+ W EEKS (D oes not appl y to custom p ro ducts). 7/25/24 7/25/24Date: Q73 57QuoteNo.: Ac co unts Pa yable 73-510 Fred Waring Drive Palm Deser t,CA 922 60-25 78 US A Net 30 Da ysTim L.Hu dson Please sign he re t o co nf ir m your or de r and acknowledge that you have read and understand ou r t erms and conditi on s Forklift required upon de livery unless oth er arrangements made prior t o or de r. Palm Deser t,City of Cu st om Dual Wa st e Rec ept acl es Brad Ch uck 760-4 23-33 92 bc huc k@p almdeser t.gov Palm Deser t,CA 922 60 Purchase Order 227 0 B ar ney Road Ander son,CA 960 07 US A Out doo r Crea ti ons Inc. Final sales tax wi ll be calculate d at time of shipping.228 CUSTOM TRASH/RECYCLE RECEPTACLE - 39" x 21" x 33"CITY OF PALM DESERT, CA ELEVATION PLAN SIDE VIEW OUTDOOR CREATIONS, INC.SCALE: 1” = 18”MAN. TOL. +/- 1/4" DRAWN BY: MNC 3/12/24 REV.1 OUTDOOR CREATIONS INC. 2270 Barney StreetAnderson, CA 96007(530) 365-6106FAX (530) 365-5129 NOTES: 1. Concrete mix design to include a mixture of Portland Cement, water, coarse and fine aggregates, pure mineral oxide coloringagents (when applicable) to yield a minimum compressive strength of 5000 psi.2. Final product shall be reinforced with #4 and #5 rebar grid.3. Product is cast in 1-piece with no assembly required.4. Hairline cracks may develop over time. These are not structural failures, but inherent characteristics of the materialitself.5. Air pockets are a common occurrence in precast products. The frequency and size of air pockets are variable and to be expected, especially on vertical surfaces.6. Concrete corners and edges will chip if not handled accordingto guidelines. Patch kits are available but may or may not blendand can be variable.7. There is a level of care and maintenance associated with your product and is the responsibility of the end user. Choosing the right sealer can help minimize those costs. WEIGHT: 1500 LBS. TEXTURE: Light Sandblast COLOR: ODC TanSEALER: Nano Tech Barrier CUSTOMER APPROVAL x________________________________________ 21 in 33 in RECYCLE RECYCLETRASH TRASH 39 in 21 in 39 in 33 in 6 in 2 in 7 in 39 in 3 1/2 in 6 in 3 1/2 in 2 1/2 in 21 in 3 1/2 in 33 in Steel lid, powdercoatedColor “Recycle Blue”GR1372-BL01 (2) “Recycle” decals appliedto lid, white vinyl9" dia. deposit hole Steel lid, powdercoated Color “Bronze”GR1372-BR340 (2) “Recycle” decals applied to lid, white vinyl9" dia. deposit hole Unit to be light sandblast EXCEPT logo and area around logo (1) Rectangle area around logo, cast in.Artwork at face of unit, painted black and tan Size: 26" x 18" Logo on this side of receptacle *Unit includes (2) Plastic Liners: SQT29 *Paint colors:Black Tan: PPG 1090-6 Allegro Liners Recommended to secure trashreceptacle to concrete slab with construction epoxy. Threaded steelinserts for attaching lid retaining cable1/2" Radius on edges 229 230 Waste Bin – 3D Rendering provided by Outdoor Creations, Inc. 231 Bench – 3D Rendering provided by Outdoor Creations, Inc. 232 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Shawn Muir, Community Services Manager Martin Alvarez, Director of Public Works SUBJECT: AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 3 (PROJECT NO. CLS00001) RECOMMENDATION: 1. Award contract no. C47810 to Superb Engineering, Inc., of Banning, California, in the amount of $1,031,528.03, plus a $200,000 contingency, for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3. 2. Authorize the City Attorney to make necessary no nmonetary changes to the contract. 3. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. BACKGROUND/ANALYSIS: Over the past several years, the landscape material on the perimeter of the Desert Willow Golf Resort has surpassed its utility. The effects of blow sand coming from undeveloped properties have changed the original perimeter grade by burying plants, cobble, and boulders along Country Club Drive, Portola Avenue, and Frank Sinatra Drive. Phase 1 of the landscape rehabilitation project was completed on December 10, 2020, and encompassed the perimeter landscape planter on Country Club Drive from Desert Willow Drive west to the Desert Willow property boundary. Phase 2 of the project was completed on November 12, 2023, and encompassed Portola Avenue from Country Club Drive north to Frank Sinatra Drive. Privately maintained landscape is excluded from this project. Phase 3 , the final phase, of this project consists of landscaping Cook Street and Frank Sinatra Drive parkway planters at the Desert Willow Golf Resort. City staff worked with a landscape architect to develop a comprehensive design plan that includes removing unsalvageable plant material while reusing existing inorganic material, such as cobble and boulders. In addition, accent plant material, such as barrel cacti, will be salvaged and incorporated into the new design. The design also entails installing new trees, shrubs, accents, and additional inorganic material along with a refreshed landscape. A $10,000 contingency per area was included in the bid schedule. This allows for additional planting and aggregate to be included as the project is built, and ensures the outcome is to the City’s standards. Solar lighting bollards will be installed along the sidewalk to provide ambient lighting, 233 City of Palm Desert Award a Contract to Superb Engineering, Inc. Page 2 of 3 which currently does not exist. This will encourage pedestrian traffic and provide a measure of safety when walking along the sidewalk in the evenings. Phase 3 of the project was advertised for proposals through the City’s bid management portal, OpenGov, and on July 22, 2024, four proposals were received electronically. Contractor Location Cost Superb Engineering, Inc. Banning, California $1,031,528.03 Marina Landscape, Inc. Orange, California $1,324,471.50 Vintage Landscape Bermuda Dunes, California $1,376,343.50 Urban Habitat La Quinta, California $1,680,596.82 City staff reviewed the bid submissions and found that Superb Engineering, Inc. offered the lowest responsive bid. Given that Superb Engineering, Inc. is a relatively new landscape company with no prior experience working with the City, staff conducted a comprehensive evaluation of the company’s qualifications to confirm their ability to meet City standards. Staff contacted the references supplied by Superb Engineering, Inc. and received consistently positive feedback. The references affirmed that Superb Engineering, Inc. completed projects on schedule, maintained prompt and accurate communication, and consistently met or exceeded industry standards. Details of the reference checks for projects completed by Superb Engineering, Inc. are outlined below. References Agency Name Project Amount Temecula Valley Unified School District Reclaimed Water System Install Converting potable water system to recycled. Completion date: August 2023 $585,364 City of Coachella Las Lunas & Calle Bougainvillea Retention Basin Landscape Improvements Irrigation, landscape and rock groundcover. Completion date: October 2023 $177,039 City of Perris Landscape Rehabilitation CDBG Clearing and grubbing. Point to point irrigation conversions. Installation of turf, 30 trees, 1,018 plants and shrubs. Installation of 4,546 S.F of groundcover and 389 S.F. of ivy geranium. Maintenance period. Completion date: March 2024 $204,048 City of Maywood Beautification Landscape and tree planting in addition to irrigation Completion date: May 2024 $945,329 City of Needles River’s Edge Golf Course Installation of new irrigation services lines, permanent sprinkler heads, and timed sprinkler valves. Completion date: August 2024 $711,488 234 City of Palm Desert Award a Contract to Superb Engineering, Inc. Page 3 of 3 The client references gave uniformly positive feedback and for this reason, staff recommends awarding the contract to Superb Engineering, Inc., in an amount not to exceed $1,031,528.03. The contract amount includes $20,000 contingency to be utilized to increase planting and aggregate features where feasible. Additionally, staff requests a separate $200,000 contingency for any unforeseen costs. Legal Review: This report has been reviewed by the City Attorney’s office. Strategic Plan: Parks and Recreation - Priority 1: Prepare for the financial requirements of maintaining existing parks to the highest level of service. FINANCIAL IMPACT: The approved Capital Improvement Project (CIP) list for Fiscal Year 2024-25 includes $1,300,000 for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Project under the Desert Willow Contingency/Capital Account No. 4414195-4809200. The total cost of the project is $1,031,528.03, plus a contingency of $200,000, for a total of $1,231,528.03; therefore, there is no financial impact to the General Fund. The table below reflects the total cost for all phases of the project: **Current request ATTACHMENTS: 1. Construction Contract 2. Payment and Performance Bonds 3. Superb Engineering, Inc. Proposal 4. Bid Guarantee 5. Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase Map Project Phase Award Contract Amount Landscape Design Services Phase 1 – A39360 September 20, 2019 $20,000.00 DW Perimeter Landscape and Lighting Phase 1 – C39990 June 25, 2020 $218,565.00 Landscape Design Services Phase 2 – A43950 August 23, 2022 $35,750.00 DW Perimeter Landscape and Lighting Phase 2 – C44890 May 11, 2023 $319,260.00 Landscape Design Services Phase 3 – A46890 January 1, 2024 $100,000.00 **DW Perimeter Landscape and Lighting Phase 3 September 12, 2024 $1,031,528.03 **DW Perimeter Landscape and Lighting – Contingency $200,000.00 Total Project Cost $1,925,103.03 235 236 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374943.1 CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this 12th day of September, 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 Superb Engineering Inc., a Corporation, with its principal place of business at 2947 W. Lincoln Street, Suite 105, Banning, CA 92220 (" ("Contractor"). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Desert Willow Perimeter Landscape and Lighting Rehabilitations Phase 3 Project Project No. Project No. CLS00001 (hereinafter referred to as “the Project”). Consists of furnishing all labor, materials, necessary tools and machinery, supervision, traffic control, utility connections, and transportation services required for the construction of landscape improvements necessary in accordance with the bid items in the contractor’s bid, the specifications, and other provisions of the contract. Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Thirty-One Thousand Five Hundred Twenty-Eight Dollars and Three Cents ($1,031,528.03). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s 237 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 238 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION AND INSURANCE A. Indemnification 1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to 239 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 faithfully perform the Work and all of Contractor’s obligations under Co ntract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance 1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions: 240 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. 6. Fidelity Coverage. Contractor shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. 7. Pollution Liability Insurance. 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. C. Other Provisions or Requirements 1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The 241 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverag e normally provided by any 242 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 243 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contract or’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE] 244 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND SUPERB ENGINEERING, 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 SUPERB ENGINEERING, INC, A CORPORATION By: Estela Candelario President By: Its: Printed Name: Contractor’s License Number and Classification DIR Registration Number (if applicable) QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 245 246 Contract No. ___________ Exhibit “C” Revised 11-2-20 BBK 72500.00001\32374915.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Superb Engineering, Inc., (hereinafter referred to as the “Contractor”) an agreement for the Desert Willow Perimeter Landscape and Lighting Rehabilitation 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 September 12, 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, Superb Engineering 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 sum of One Million Thirty-One Thousand Five Hundred Twenty-Eight Dollars and Three cents, ($1,031,528.03), 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 247 Contract No. ___________ (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 248 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 Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 249 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 250 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 251 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 September 12, 2024, has awarded to Superb Engineering Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Desert Willow Perimeter Landscape and Lighting Rehabilitation 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 September 12, 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 sum of One Million Thirty-One Thousand Five Hundred Twenty-Eight Dollars and Three cents Dollars, ($1,031,528.03) 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 252 Contract No. ___________ modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 253 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By ___________ Title: President (Corporate Seal) Surety By___________________ Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 254 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 255 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 256 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project RESPONSE DEADLINE: July 22, 2024 at 2:00 pm Report Generated: Wednesday, July 24, 2024 Superb Engineering, Inc. Response CONTACT INFORMATION Company: Superb Engineering, Inc. Email: estela@superb-engineering.com Contact: Estela Candelario Address: 2947 W. Lincoln St., Ste. 105 Banning, CA 92220 Phone: (909) 269-2333 Website: https://www.superb-engineering.com/ Submission Date: Jul 22, 2024 1:53 PM 257 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jul 22, 2024 9:21 AM by Estela Candelario Addendum #2 Confirmed Jul 22, 2024 9:21 AM by Estela Candelario Addendum #3 Confirmed Jul 22, 2024 9:21 AM by Estela Candelario Addendum #4 Confirmed Jul 22, 2024 9:21 AM by Estela Candelario Addendum #5 Confirmed Jul 22, 2024 9:21 AM by Estela Candelario QUESTIONNAIRE 1. BID ACKNOWLEDGMENT* To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260. A. In response to the Contract Documents for project number 2024-IFB-121 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule. B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier. 258 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 3 C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt o f Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements. E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid. F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned. 1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or 2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California. I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Confirmed 2. BID SCHEDULE* IMPORTANT: THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT. FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID. THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. 259 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 4 The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank s paces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). I certify that I have read, understood the above statement. Confirmed 3. BID GUARANTEE* IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73 -510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions. E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond) 4. E-Bid Bond Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. 260 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 5 Bond ID: SCA0722717037 Vendor ID: 93-3318797 5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. United Fire & Casualty Company Click to Verify Value will be copied to clipboard 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... DESIGNATION_OF_SUBCONTRACTORS_7-22-24.pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf 8. NON-COLLUSION DECLARATION* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited a ny other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost 261 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 6 element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registra tion with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: A. Bidder shall maintain a current DIR registration for the duration of the project. B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non- responsive. Confirmed 262 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 7 10. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1001102935 Click to Verify Value will be copied to clipboard 11. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 1074243 Click to Verify Value will be copied to clipboard 12. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Confirmed 13. Fleet Compliance Certification* I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulatio n”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or th at of their subcontractor(s) (“Fleet”) is true and correct: Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuan t to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). 14. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in the above item. 263 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 8 Document1.pdf 15. Type of Business* S Corporation (if corporation, two signatures are required) 16. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. Estela Candelario Click to Verify Value will be copied to clipboard 17. How many years has Bidder’s organization been in business as a Contractor? * 1 year 18. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number Estela Candelario President 2947 Lincoln St. Unit 105 Banning, CA 92220 estela@superb-engineering.com 264 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 9 (909) 269-2333 Estela Candelario President 2947 Lincoln St. Unit 105 Banning, CA 92220 estela@superb-engineering.com (909) 269-2333 19. Nondiscrimination Certification* The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gend er, gender identity, gender expression, sexual orientation, or membership in any other protected class. For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed PRICE TABLES COOK & MARKET BID SCHEDULE Irrigation, Landscape, and Material Costs. Line items to include Labor, Material, and Equipment needed to complete the task 265 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 Lump Sum $22,297.36 $22,297.36 2 Traffic Control 1 Lump Sum $22,371.31 $22,371.31 3 Clearing and Grubbing, includes protecting existing trees, palms, shrubs, and cacti as outlined in the Plans 1 Lump Sum $7,723.52 $7,723.52 4 Landscape Grading Adjustments 1 Lump Sum $70,992.65 $70,992.65 5 Relocate Existing Boulders (4-4' dia, 16-3' dia, 56-2' dia) 1 Lump Sum $6,499.46 $6,499.46 6 Relocate existing Crushed Stone (Remove, clean, and relocate as shown on Plans. Size: 3"-12" Diameter, +/- 1,360 square feet) 1,360 Square feet $2.58 $3,508.80 7 Decomposed Granite ('Desert Gold' or approved equal. Size: 3/8" minus, 40,850 square feet +/-) 40,850 Square Feet $1.14 $46,569.00 8 Rubble ('Hickory Creek' or approved Equal. Size 4" - 6" diameter. 4,850 square feet +/-) 4,850 Square Feet $2.69 $13,046.50 9 Crushed Rock ('Apache Sunset' or approved equal. Size: 2" - 4" Diameter. 15,600 square feet +/-) 15,600 Square Feet $2.04 $31,824.00 10 Crushed Rock ('Apache Sunset' or approved equal. Size: 3/4" Diameter. 450 square feet +/-) 450 Square Feet $5.54 $2,493.00 11 Irrigation System Installation 1 Lump Sum $58,893.96 $58,893.96 12 Separate Irrigation Controller for Future Tie-in: Rainbird 24+ station min., pedestal (independent of Cook St & Market Place irrigation system) 1 Each $674.62 $674.62 13 Brahea armata (Mexican Blue Palm) (24" Box) 19 Each $576.62 $10,955.78 266 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 11 Line Item Description Quantity Unit of Measure Unit Cost Total 14 Lysiloma microphylla Feather Tree) (24" Box, multi trunk) 1 Each $535.03 $535.03 15 Chilopsis linearis (Desert Willow - LOW 0.2) (24" Box, multi trunk) 8 Each $474.19 $3,793.52 16 Bougainvillea 'Oo-la-la' (Oo-La-La Bougainvillea - Mod 0.5) (5 gallon) 51 Each $21.65 $1,104.15 17 Calliandra eriophylla (Pink Fairy Duster - LOW 0.2) (5 Gallon) 23 Each $26.23 $603.29 18 Leucophyllum zygophyllum 'Cimarron' (Cimarron Texas Ranger - LOW 0.2) (5 Gallon) 4 Each $29.77 $119.08 19 Lantana montevidensis (Purple Lantana - Mod 0.5) (5 Gallon) 34 Each $19.03 $647.02 20 Asclepias subulata (Desert Milkweed - LOW 0.2) (5 Gallon) 39 Each $37.48 $1,461.72 21 Dasylirion acrotrichum (Green Desert Spoon - LOW 0.2) (5 Gallon) 25 Each $24.27 $606.75 22 Dasylirion longissimum (Mexican Grass Tree - LOW 0.2) (5 Gallon) 51 Each $27.54 $1,404.54 23 Ferocactus acanthodes (Compass Barrel Cactus - LOW 0.2) (10" minimum Diameter) 16 Each $54.39 $870.24 24 Yucca pallida (Pale-leaf Yucca - LOW 0.2) (5 Gallon) 53 Each $42.63 $2,259.39 25 Yucca elata (Soaptree Yucca - LOW 0.2) (15 Gallon) 36 Each $147.80 $5,320.80 26 Muhlenbergia capillaris 'Regal Mist' (Pink Muhly - Mod 0.5) (5 Gallon) 94 Each $20.99 $1,973.06 27 Nolina microcarpa (Beargrass - LOW 0.2) (5 Gallon) 9 Each $29.77 $267.93 28 Calliandra inadequilatera (Pink Powder Puff - Mod 0.5) (5 Gallon) 16 Each $126.63 $2,026.08 29 Pyrostegia venusta (Flame Vine - Mod 0.5) (5 Gallon) 24 Each $126.63 $3,039.12 267 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 12 Line Item Description Quantity Unit of Measure Unit Cost Total 30 Exterior Bollard Lighting Fixture (NLS Lighting #SSD-4-8R-COG45-16-7-50K-UNV-AB- BRZ-VRB-PC) 24 Each $1,617.82 $38,827.68 31 Maintenance and Plant Establishment 1 Lump Sum $8,304.11 $8,304.11 32 Sand and repaint existing wrought iron fence. Paint is Dunn Edwards "Acorn" exterior. 1 Lump Sum $7,366.29 $7,366.29 33 Electrical / Lighting Installation to include all conduit, lighting cable, junction boxes, and connections to existing pedestals, timers (Intermatic T101R), etc. and constant power to new irrigation controllers. 1 Lump Sum $60,363.00 $60,363.00 34 Include $10,000 contingency for Additional Planting, Irrigation or Inert Material, etc. 1 Lump Sum $10,000.00 $10,000.00 TOTAL $448,742.76 FRANK SINATRA DRIVE BID SCHEDULE Irrigation, Landscape, and Material Costs. Line items to include Labor, Material, and Equipment needed to complete the task Line Item Description Quantity Unit of Measure Unit Cost Total 32 Mobilization 1 Lump Sum $22,297.36 $22,297.36 33 Traffic Control 1 Lump Sum $22,371.31 $22,371.31 34 Clearing and Grubbing, includes protecting existing trees, palms, shrubs, and cacti as outlined in the Plans 1 Lump Sum $10,539.23 $10,539.23 35 Landscape Grading Adjustments 1 Lump Sum $91,850.71 $91,850.71 268 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 13 Line Item Description Quantity Unit of Measure Unit Cost Total 36 Relocate Existing Boulders (11-4' dia, 38-3' dia, 77-2' dia) 1 Lump Sum $10,817.69 $10,817.69 37 Relocate existing Crushed Stone (Remove, clean, and relocate as shown on Plans. Size: 3"-12" Diameter, +/- 4,190 square feet) 4,190 Square feet $2.45 $10,265.50 38 Decomposed Granite ('Desert Gold' or approved equal. Size: 3/8" minus, 52,450 square feet +/-) 52,450 Square Feet $1.14 $59,793.00 39 Rubble ('Hickory Creek' or approved Equal. Size 4" - 6" diameter. 10,050 square feet +/-) 10,050 Square Feet $2.49 $25,024.50 40 Crushed Rock ('Apache Sunset' or approved equal. Size: 2" - 4" Diameter. 25,350 square feet +/-) 25,350 Square Feet $2.05 $51,967.50 41 Crushed Rock ('Apache Sunset' or approved equal. Size: 3/4" Diameter. 1,300 square feet +/-) 1,300 Square Feet $3.17 $4,121.00 42 Irrigation System Installation 1 Lump Sum $72,896.95 $72,896.95 43 Brahea armata (Mexican Blue Palm) (24" Box) 29 Each $570.70 $16,550.30 44 Chilopsis linearis (Desert Willow - LOW 0.2) (24" Box, multi trunk) 2 Each $468.60 $937.20 45 Bougainvillea 'Oo-la-la' (Oo-La-La Bougainvillea - Mod 0.5) (5 gallon) 86 Each $21.65 $1,861.90 46 Calliandra eriophylla (Pink Fairy Duster - LOW 0.2) (5 Gallon) 23 Each $26.23 $603.29 47 Leucophyllum zygophyllum 'Cimarron' (Cimarron Texas Ranger - LOW 0.2) (5 Gallon) 5 Each $29.77 $148.85 48 Lantana montevidensis (Purple Lantana - Mod 0.5) (5 Gallon) 74 Each $19.03 $1,408.22 49 Asclepias subulata (Desert Milkweed - LOW 0.2) (5 Gallon) 47 Each $37.48 $1,761.56 269 [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-121 Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Page 14 Line Item Description Quantity Unit of Measure Unit Cost Total 50 Dasylirion acrotrichum (Green Desert Spoon - LOW 0.2) (5 Gallon) 22 Each $24.27 $533.94 51 Dasylirion longissimum (Mexican Grass Tree - LOW 0.2) (5 Gallon) 58 Each $27.54 $1,597.32 52 Ferocactus acanthodes (Compass Barrel Cactus - LOW 0.2) (10" minimum Diameter) 28 Each $54.39 $1,522.92 53 Yucca pallida (Pale-leaf Yucca - LOW 0.2) (5 Gallon) 84 Each $42.63 $3,580.92 54 Yucca elata (Soaptree Yucca - LOW 0.2) (15 Gallon) 50 Each $147.80 $7,390.00 55 Muhlenbergia capillaris 'Regal Mist' (Pink Muhly - Mod 0.5) (5 Gallon) 125 Each $20.99 $2,623.75 56 Nolina microcarpa (Beargrass - LOW 0.2) (5 Gallon) 23 Each $29.77 $684.71 57 Exterior Bollard Lighting Fixture (NLS Lighting #SSD-4-8R-COG45-16-7-50K-UNV-AB- BRZ-VRB-PC) 44 Each $1,617.82 $71,184.08 58 Accent Landscape Lighting Fixture (KIM Lighting #EL218 -W-5-8L-3K-UV-DB- BD215DB 2 Each $1,356.68 $2,713.36 59 Maintenance and Plant Establishment 1 Lump Sum $10,662.20 $10,662.20 60 Electrical / Lighting Installation to include all conduit, lighting cable, junction boxes, and connections to existing pedestals, timers (Intermatic T101R), etc. and constant power to new irrigation controllers. 1 Lump Sum $65,076.00 $65,076.00 61 Include $10,000 contingency for Additional Planting, Irrigation or Inert Material, etc. 1 Lump Sum $10,000.00 $10,000.00 TOTAL $582,785.27 270 DESIGNATION OF SUBCONTRACTORS The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below: (a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and (d) The DIR public works contractor registration number. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Portion of Work to be done by Subcontractor Percent of Total Base Bid Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number Electrical 10% Brudvik, Inc 600 S Eugene Rd, Palm Springs, CA 92264 482623 PW-LR- 1000009363 Boring 0.5% California Boring P.O. Box 3036 Beaumont, CA 92223 926968 1000004237 Concrete Footings 3% Ethics Landscape Construction 2919 Winifred Street, Riverside, CA 92503 1097765 PW-LR- 1001016880 271 Portion of Work to be done by Subcontractor Percent of Total Base Bid Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number (Attach additional sheets if necessary) 272 BIDDER INFORMATION AND EXPERIENCE FORM A.INFORMATION ABOUT BIDDER (Indicate not applicable (“N/A”) where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: ___________________________________________ 2.0 Type, if Entity: ___________________________________________ 3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number _____________________________________________________________ Email Address 4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________ 5.0 How many years has Bidder’s organization been in business under its present name? ________________________ 5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________ 6.0 If Bidder’s organization is a corporation, answer the following: 6.1 Date of Incorporation: ________________________________ 6.2 State of Incorporation: ________________________________ 6.3 President’s Name: ________________________________ 6.4 Vice-President’s Name(s): ________________________________ ________________________________ 6.5 Secretary’s Name: ________________________________ 6.6 Treasurer’s Name: ________________________________ Superb Engineering, Inc. S Corporation. N/A (909) 269-2333 estela@superb-engineering.com 2947 West Lincoln Street Unit 105 Banning, CA 92220 N/A N/A N/A California Estela Candelario 1 year and 1 month. 1 year and 1 month. N/A 05/22/2023 273 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: ______________________________________ 7.2 Name and address of all partners (state whether general or limited partnership): ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 8.0 If other than a corporation or partnership, describe organization and name principals: ___________________________________________________________ ___________________________________________________________ 9.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________ 10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: ___________________________________________________________ ___________________________________________________________ 11.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: ___________________________________________________________ ___________________________________________________________ 12.0 List Trade References: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] N/A N/A N/A No. No. Irrigation, landscaping, and groundcover. Maria Ojeda & Associates - (562) 619-6193 Imperial Sprinkler Supply - (760) 574-4142 Southwest Boulder & Stone - (760) 451-3333 Herc Rentals Inc. - (442) 599-1235 274 B.LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate Page if needed for listing additional current projects.**] Project Client Reference (agency name/contact info) Description of Bidder’s Work Completion Date Cost of Bidder’s Work N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Arroyo Crossing Apartments Landscaping - 48th Ave. IDD River's Edge Golf Course Landscape Improvements N/A N/A N/A 02/2025 N/A N/A 08/2024 07/2024 $711,487.45 $175,090.00 $65,150.00 $423,170.40 08/2024 City of Needles Kathy Raasch (760) 326-5700 Ext. 126 Irrigation, soil amendments, fine grading, planting, mulch, edging, aggregates and maintenance. Irrigation, landscaping and decomposed granite. Installation of new irrigation service lines, permanent sprinkler heads, and timed sprinkler valves. Demolition , irrigation, and landscaping. Hemet Unified School District Jose Loza (951) 765-5100 Pacific West Builders Mike Ashley (559) 246-0403 Pacific West Builders Mike Ashley (559) 246-0403 08/2024 Vitalia Apartments Pacific West Builders Mike Ashley (559) 246-0403 Irrigation, soil amendments, fine grading, planting, mulch, edging, aggregates and maintenance. $1,062,105.00 275 C.LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work. Project Client Reference (agency name/contact info) Description of Bidder’s Work Completion Date Cost of Bidder’s Work Las Lunas & Calle Bouganvillea Retention Basin Landscape lmprovements City of Coachella Alberto Guttierrez (760) 501-8107 Irrigation, landscaping, and rock groundcover.10/2023 $177,039.00 Reclaimed Water System Install at PES, RHES, GMS & SAEC Temecula Valley Unified School District Greg Page (951) 506-7929 Covert potable water system to recycled. 08/2023 $585,363.95 Landscape Rehabilitation CDBG Project City of Perris David Morones (951) 442-2552 Demolition, irrigation, landscaping, and rock groundcover. 03/2024 $204,047.87 City of Maywood Beautification City of Maywood Rudolph Rodriguez (909) 595-8599 Tree planting, landscape planting, and irrigation.05/2024 $945,328.25 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 276 D.EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person’s job title, name and percent of time to be allocated to this project: 2. Summarize each person’s specialized education: 3. List each person’s years of construction experience relevant to the project: 4. Summarize such experience: Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Estela Candelario - President: 30% Raul Ponce - Superintendent: 50% Estela Candelario: B.S. degree in Construction Management Estela Candelario: 10 years in the construction business. Raul Ponce: 29 years in the construction business. Highly experienced and dedicated team with a proven track record of sucessfully overseeing public works projects throughout their careers possessing extensive knowledge of construction processes. Daniel Candelario - Project Engineer: 30% Jesus Hernandez - Foreman: 100% Daniel Candelario - Associates Degree in Business Administration Daniel Candelario - 4 years in the construction business. Jesus Hernandez - 10 years in the construction business. 277 E.ADDITIONAL BIDDER’S STATEMENTS: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: _______ N/A 278 N/A 279 280 BID GUARANTEE BID BOND [Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies Bid.] The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto 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, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to the City for the work described below, for the payment of which sum in lawful money of the United States, 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 whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for Project, Project No. CLS00001, Contract No. . If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extens ion of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation. (Corporate Seal) Contractor/ Principal By Estela Candelario Title President (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 281 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 Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 282 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF BID BOND 283 284 DesertWillowGolfResortPond F rank Si nat ra Dri ve Portola AvenueDesertG r e e nsDrive EPortolaAvenuePortola AvenueDesert Willow P l a z a Del S olVerdeWayCal le C l a i r e Portola AvenueCount ry C lu b D riv e F r an k S ina tr a Drive Lucern e Drive HillcrestDriveTay lor A venue M arket P l a c eDe s e r t Wil l ow D rive DesertWillowDriveWi llow Rid g e Co u nt ry Clu b D r ive Cook StreetCookStreetDesertFallsDriveCookStreetDesert Fall s Drive Lost RiverDriveEsri Community Maps Contributors, Loma Linda University, City of Palm Desert, County of Riverside, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS I VICINITY MAP Desert Willow Perimeter Landscape & Lighting Rehabilitation PHASE 1 - COMPLETED PHASE 2 - COMPLETED PHASE 3 - PROPOSED 285 286 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: September 10, 2024 To: Honorable Mayor and Councilmembers From: Níamh M. Ortega, Assistant City Clerk Subject: City Council Meeting of September 12, 2024 The following supplemental information has been submitted for the September 12, 2024, City Council meeting: ITEM 13j: AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 3 (PROJECT NO. CLS00001) Staff wish to relay to the City Council that there was a bid protest, citing a perceived lapse in DIR registration by the low bidder, Superb Engineering, Inc., on the project. After additional research, Staff find that Superb did submit a request for DIR registration renewal on 6/28/2024. Problems with the DIR website following a recent software update may be the reason that inaccurate information was displayed, however staff have verified that Superb has maintained their active DIR registration throughout the bidding process (see attached). The City Attorney has been consulted on this matter. 287 From:estela@superb-engineering.com To:Shawn Muir; daniel@superb-engineering.com Subject:RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Date:Monday, September 9, 2024 3:16:26 PM Attachments:image002.png image003.png image004.png image008.png image009.png image010.png image011.png Payment Confirmation.msg Hi Shawn, Thank you for your email. I can confirm that there was no lapse in our DIR registration. We renewed it on 6/28/2024, as indicated by the attached confirmation from DIR. If you have any further questions or need additional information, please feel free to contact me. Thank you, Estela Candelario C (909) 262-4626 O (909) 269-2333 estela@superb-engineering.com P.O. Box 3036, Beaumont, CA 92223 Small Business Certified From: Shawn Muir <smuir@palmdesert.gov> Sent: Monday, September 9, 2024 2:39 PM To: daniel@superb-engineering.com Cc: ': 'Estela Candelario'' <estela@superb-engineering.com> Subject: RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Hi Daniel, I do have a couple more questions. It appears that the DIR registration for Superb was to expire on 6/30/2024 and now you have sent me the new registration starting 7/1/2024. Can you please tell me if there was a period of time that the registration was allowed to lapse? Was there any difficulty with re-registering related to the DIR software change? Thank you, Shawn PD Logo.png Shawn Muir Community Services Manager City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 smuir@palmdesert.gov | 760.776.6481 | www.palmdesert.gov From: daniel@superb-engineering.com <daniel@superb-engineering.com> Sent: Monday, September 9, 2024 12:20 PM 288 To: Shawn Muir <smuir@palmdesert.gov> Cc: ': 'Estela Candelario'' <estela@superb-engineering.com> Subject: RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project P Hello, Of course, if you require any additional information, please do not hesitate to let us know. Thank you, Daniel Candelario Project Engineer C (909) 261-8218 O (909) 269-2333 daniel@superb-engineering.com P.O. Box 3036, Beaumont, CA 92223 Small Business Certified From: Shawn Muir <smuir@palmdesert.gov> Sent: Monday, September 9, 2024 12:16 PM To: daniel@superb-engineering.com Cc: ': 'Estela Candelario'' <estela@superb-engineering.com> Subject: RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Received. Thank you Daniel. Shawn Muir Community Services Manager City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 smuir@palmdesert.gov | 760.776.6481 | www.palmdesert.gov Civic Academy.png From: daniel@superb-engineering.com <daniel@superb-engineering.com> Sent: Monday, September 9, 2024 12:15 PM To: Shawn Muir <smuir@palmdesert.gov> Cc: ': 'Estela Candelario'' <estela@superb-engineering.com> Subject: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project P Good afternoon, As requested, please see our updated DIR number for the project mentioned above. 289 290 From:pw-no-reply@dir.ca.gov To:estela@superb-engineering.com Subject:Payment Confirmation Date:Friday, June 28, 2024 9:02:09 AM Thank you for your recent payment to Public Works Registration. Payment Application: Public Works Registration Payment Status: Payment completed successfully. Confirmation Number: 24062887773049 Payment Date: 06/28/2024 -------------------- Billing Address: Estela Estela Candelario Banning, CA 92220 -------------------- Card Type: VISA Card Number: -------------------- Payment Amount: USD Total Amount: USD -------------------- DO NOT REPLY DIRECTLY TO THIS EMAIL. 291 292 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: AMENDMENT NO. 4 TO CONTRACT NO. C28880 WITH BEST BEST & KRIEGER LLP FOR CITY ATTORNEY SERVICES, EXTENDING THE TERM TO AUGUST 31, 2025 RECOMMENDATION: 1. Approve Amendment No. 4 to Contract No. C28880 with Best Best & Krieger LLP for City Attorney Services, extending the term to August 31, 2025. 2. Authorize the City Attorney to make necessary nonmonetary changes to the Agreement. 3. Authorize the Mayor to execute the Agreement. BACKGROUND/ANALYSIS: In November 1973, the City Council adopted Resolution No. 73 -03, appointing David Erwin, Esq., as City Attorney. In 1986, Mr. Erwin joined the law firm of Best Best & Krieger and continued to serve as City Attorney. In 2009, the City issued a Request for Proposals for City Attorney Services and selected Best Best & Krieger, along with Mr. Erwin, to continue as City Attorney for a five-year term ending in August 2014. In August 2014, the City Council approved Amendment No. 1 to Contract No. C28880, extending the term for an additional five years, through August 31, 2019. In November 2015, Mr. Erwin passed away after 42 years of service. The City Council subsequently appointed Robert Hargreaves, Esq., of Best Best & Krieger to serve as City Attorney. Mr. Hargreaves had served as Deputy City Attorney since 2009. In March 2019, the City Council approved Amendment No. 2 to Contract C28880, extending the term for another five years, through August 31, 2024. In December 2023, Mr. Hargreaves announced his retirement after 14 years of service. On December 14, 2023, the City Council approved Amendment No. 3 to Contract C28880, appointing Isra Shah, Esq., as City Attorney. On August 22, 2024, the City Council conducted a performance evaluation of the City Attorney and directed staff to prepare a contract amendment extend ing the term for an additional year. As such, Amendment No. 4 to Contract No. C28880, extending the term through August 31, 2025, is presented for the City Council’s consideration. 293 City of Palm Desert Amendment No. 4 to Contract No. C28880 for City Attorney Services Page 2 of 2 FINANCIAL IMPACT: There are no additional monetary changes to the terms of the agreements as a result of this amendment. ATTACHMENTS: 1. Amendment No. 4 to Contract No. C28880 2. Executed Contract No. C28880 294 Contract No. 28884 Page 1 of 2 Revised 08-2023 BBK 72500.00001\32445060.1 AMENDMENT NO. 4 TO AGREEMENT FOR CITY ATTORNEY SERVICES CONTRACT NO. C28884 1. Parties and Date. This Amendment No. 4 is made and entered into as of this 12th day of September 2024, by and between the CITY OF PALM DESERT (“City”) and BEST BEST & KRIEGER LLP (BB&K), a Limited Liability Company. 2. Recitals. 2.1 City has retained BB&K to perform legal services as City Attorney since 1988. 2.2 Effective August 27, 2009, City and BB&K entered into the 2009 Agreement to perform those services until August 31, 2014. (C28880) 2.3 On August 28, 2014, City extended the 2009 Agreement (via letter) for an additional five years, until August 31, 2019. (Amendment No. 1, C28881) 2.5 On August 14, 2015, with the passing of City Attorney David Erwin, the City Council appointed Robert Hargreaves to that position. 2.6 On March 28, 2019, City extended the 2009 Agreement for an additional five years, until August 31, 2024. (Amendment No. 2, C28882) 2.7 On December 14, 2024, upon the retirement of Robert Hargreaves, the City Council appointed Isra Shah to that position. (Amendment No. 3, C28883) 2.8 On September 12, 2024, City extended the 2009 Agreement for an additional one year, until August 31, 2025. (Amendment No. 4, C28884) 3. Terms. 3.1 Section 13 of the 2009 Agreement is amended to provide that the Agreement will continue until August 31, 2025, subject to the City’s termination rights provided in that section. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4. 295 Contract No. 28884 Page 2 of 2 Revised 08-2023 BBK 72500.00001\32445060.1 IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 to the Agreement for City Attorney Services, Contract No. C28880, as of the day and year first above written. CITY OF PALM DESERT By: Kathleen Kelly Mayor Attest: By: Anthony J. Mejia City Clerk BEST BEST & KRIEGER, a Limited Liability Company By: Its: Printed Name: City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval 296 Contract No. C28883 Page 1 of 2 Revised 08-2023 BBK 72500.00001\32445060.1 AMENDMENT NO. 3 TO AGREEMENT FOR CITY ATTORNEY SERVICES CONTRACT NO. C28880 1. Parties and Date. This Amendment No. 3 is made and entered into as of this 14th day of December 2023, by and between the CITY OF PALM DESERT (“City”) and BEST BEST & KRIEGER LLP (BB&K), a Limited Liability Company. 2. Recitals. 2.1 City has retained BB&K to perform legal services as City Attorney since 1988. 2.2 Effective August 27, 2009, City and BB&K entered into the 2009 Agreement to perform those services until August 31, 2014. (C28880) 2.3 On August 28, 2014, City extended the 2009 Agreement (via letter) for an additional five years, until August 31, 2019. (Amendment No. 1, C28881) 2.5 On August 14, 2015, with the passing of City Attorney David Erwin, the City Council appointed Robert Hargreaves to that position. 2.6 On March 28, 2019, City extended the 2009 Agreement for an additional five years, until August 31, 2024. (Amendment No. 2, C28882) 3. Terms. 3.1 The 2009 Agreement (C28880) is amended throughout to reflect that Isra Shah is the designated City Attorney. 3.2 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. DocuSign Envelope ID: 01B36532-0F8B-4C5A-B773-238D4C972E0A 297 Contract No. C28883 Page 2 of 2 Revised 08-2023 BBK 72500.00001\32445060.1 IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Agreement for City Attorney Services, Contract No. C28880, as of the day and year first above written. CITY OF PALM DESERT By: Karina Quintanilla Mayor Attest: By: Anthony J. Mejia City Clerk BEST BEST & KRIEGER, a Limited Liability Company By: Its: Printed Name: QC: MN Insurance: Initial Review Final Approval DocuSign Envelope ID: 01B36532-0F8B-4C5A-B773-238D4C972E0A Isra Shah Partner 298 EXTENSION AND AMENDMENT OF AGREEMENT FOR CITY ATTORNEY SERVICES CONTRACT NO. C28882 This Extension and Amendment of Agreement for City Attorney Service dated August 27, 2009, ("2009 Agreement") is made effective March 28, 2019, by and between the CITY OF PALM DESERT ("CITY"), a California municipal corporation and charter city, and BEST BEST &KRIEGER LLP ("BB&K"), a California limited liability partnership. RECITALS l.CITY has retained BB&K to perform legal services as City Attorney since 1988. 2.Effective August 27, 2009, CITY and BB&K entered into the 2009 Agreement to perform those service until August 31, 2014. 3.On August 28, 2014 CITY extended the 2009 Agreement for an additional five years, until August 31, 2019. 4.On November 14, 2015, with the passing of City Attorney David Erwin, the City Council appointed Robert Hargreaves to that position. 5.On March 28, 2019, CITY extended the 2009 Agreement an additional five years, until August 31, 2024. EXTENSION AND AMENDMENT NOW, THEREFORE, CITY AND BB&K agree as follows: 1. The 2009 Agreement is amended throughout to reflect that Robert Hargreaves is the designated City Attorney. 2.Section 13 of the 2009 Agreement is amended to provide that the Agreement will continue until August 31, 2024, subject to the CITY's termination rights provided in that section. 3.All other provisions of the 2009 Agreement shall remain the same. BB&K: CITY: e er LP City of Palm Desert By:ust obert W. Ha gre ves, P ner Susan Marie Weber, Mayor By: Lauri Aylaian, City Manager Attest: By: R he e D. Klassen, ity Clerk 72500.00001\31940328.I DRAFT 4/1/19 Amendment No. 2 to C28880 299 l ES i o FeEn Wna Nv lleivr: i7i-5 I AI.M I)liSlilt't", .ALIfO12N1A <22 0-2g S TEL: 760 34.6—O IIi i inFuC'rcityofpalmdcsert.urg I):'C131 f` ,; ; . September 5, 2014 David J. Erwin, Esq. Best, Best & Krieger, LLP 74-760 Highway 111, Suite 200 Indian Wells, California 92210 Dear Dave: Subject: Contract No. C28881 - Extension of Contract for Citv Attornev Services With the Firm of Best. Best, & Krieqer LLP At its regular meeting of August 28, 2014, the Palm Desert City Council, by Minute Motion, extended the City Attorney Contract with Best, Best, & Krieger LLP, for five (5) years under the same terms and conditions as the existing (Contract No. C28880). Enclosed for your records is a copy of the staff report with City Council Action stamp affixed thereto. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) cc/enc: John M. Wohlmuth, City Manager Finance Department F$r PPIN'FDONAkiv(lEOPAYfP Amendment No. 1 to C28880 300 CITY OF PALM DESERT CITY MANAGER'S OFFICE STAFF REPORT REQUEST: ClTY ATTORNEY CONTRACT EXTENSION SUBMITTED BY: John M. Wohlmuth, City Manager DATE: August 28, 2014 CONTENTS: Letter from David J. Erwin dated July 8, 2014 Contract No. C28880 from Best, Best and Krieger LLC Letter from Best, Best and Krieger dated June 20, 2014 Recommendation Extend the City Attorney contract with Best, Best and Krieger LLP for five years under the same terms and conditions as the existing contract. Backqround In 2009, the City of Palm Desert released a Request for Proposal for City Attomey Services. The City received nine proposals and interviewed the three top firms with a committee comprised of: 1. Mr. Bob Spiegel, Mayor 2. Mr. Jim Ferguson, Councilmember 3. Mr. John M. Wohlmuth, City Manager 4. Judge Rob Taylor; and 5. Mr. Larry Parrish, retired Riverside County CEO The three firms that were interviewed by the Selection Committee were: 1. Best, Best and Krieger 2. Richard Watson and Gershon 3. Aleshire and Wynder The committee chose Best, Best and Krieger as the top proposal and interview. During the month of July 2009, a contract was negotiated culminating in a five-year contract awarded by the City Council on August 27, 2009. The contract terminates on August 27, 2014. 301 Staff Report City Attorney Contract E ension Page 2 August 28, 2014 Please find attached a letter from Dave Erwin dated July 8, 2014 requesting a five-year e ension. If approved by Council the contract would consist of the same terms and conditions as the August 27, 2009 contract. The only modifications to the contract is the retainer amount and Special Services billing rate. The contract allows for Cost of Living Adjustments once per year. Best, Best and Krieger voluntarily waved two COLA's in 2011 and 2012; therefore, the price in the original contract reflects an increase equal to two out of four COLA adjustments. Other than the two 2% COLA adjustments the price, terms and conditions are all the same as the 2009 contract. Submitted By/Approval: Reviewed: hn M. Wohlmuth, City Manager Paul S. Gibson, Director of Finance i CITY COITivCIL CTION AI'I'ROVED DENiF.D RCCEIVED OTH;R MF,ET GDATE AYk:S: '"n r C Q n i" NUES: ABSENT: ABSTAIN: - VERIFIED I3Y: m S Original on File with City CI k's Off ice 302 Contract No. C28881 I•11Irvine Sacramento 949)263-2600 916)325-4000 Los Angeles BEST BEST &KRIEGER San Diego 213) 617-8100 A T T O R N E Y S A T L A W 619)525-1300 Ontario Walnut Creek sos) ses-s5ea Post Office Box 13650, Palm Desert,CA 92255-3650 925) 977- 3300 Riverside 74-760 Highway 111,Suite 200, Indian Wells,CA 92210 wash ngton,DC se sss-aso Phone: (760j 568-2611 Fax: (760j 340-6698 www.bbklaw.com 202 7s5-osoo David J.Erwin 760)837-1607 david.erwin@bbklaw.com July 8, 2014 John Wohlmuth City Manager City of Palm Desert 73-510 i'red Waring Drive Palm Desert, CA 92260 Re: City Attorney Contract Dear John: I he Contract with Best Best & Krieger currently has an expiration date of August 27, 2014. The provisions for a five (5) year Contract were placed in the Contract for the Council to revicw and determine whether to send out a request for proposals. I would specifically request that the Contract be extended for an additional five (5) year period. It is my considered opinion that we at QB&K have provided an excellent service to the City for many years and wish to continuc to do so into the f'uture. As a matter of information, the Contract allows the City to terminate the Contract on 30 days' notice without a reason stated. Your aftirmative action to assist in the extension is appreciated and hopefully the Council will agrec. Sinc e , G- avid J 'rw n of BES7' BF,ST & KRIEGFR LI.,P llJE:alr 72500.00001\9081 0-I 303 AGREEMENT F O R CTTY ATTORNEY SERVICES C NTRACT NQ. c2ssso This Agreement is made as of the??tt'day of August, 2d09, by and between, on the one hand, the CI"I'Y OF PALM DESERT ("CITY"), a California municipal corporation anci charter city, acting on behalf of itself, and BES7 BES"1'& KRIF..GF R LT.P("BB&K"),a limited liability partnership engaged in the practice of law. CITY and BB&K AGREE AS FOI,LOWS: l R:CITAI,S A. CITY has heretofore retaincd BB&K to perfonn legal services as City Attorney. 3. CITY and BB&K desire and intend that BB&K shall continue to providc CITY legal services as city Attorney on the terms set forth hereinafter. 2. SCOPE OF SERVICES BB&K shall serve as City Attorney and shall perform the Services to include, by way of example, preparation for and attendance at all regular, special and study session meetings of the City Council, the Planning Commission including study sessions, Executive Management meetings, and other boards, commissions, and committees established by CITY, unless otherwise directed by CITY; preparation or review and monitor of all CITY ordinances, resolutions, agrcements, deeds, agenda reports, daily police (SIR} reports, and other legal documents requested by CITY; provision to all officials, officers, and staff of CITY of legal advice and opinions concerning all matters affecting CITY, as directed by .the City Council, City Manager, and City staff. 3 . BB&K PERSONNEL David J. Erwin ("Erwin") shall be the individual designated as City Attorncy and shall bc responsible for thc performancc of services by BB&K under this Agrccment and the supervision of any and all other BBBcK professional and support personnel who provide services to CI"1'Y. Page 1 of 5 RMBUSIDER W C?V 309238.1 304 ontract No. C28880 No change in this designation shall bc made without the prior consent of CI'Y. CITY and BB&K understand that Erwin may, on occasion, be temporarily unavailable to respond to requests by CITY for specific lega] assistance. Thus, BB&K may from time to time assign ather attorncys and may use paralegals to assist in the provision of City Attorney scrvices pursuant to this Agreement; provided, however, that prior to use of any attorney other than Erwin, BB&K shall seek and, wherever rcasonably possibie, obtain the prior approval of C1TY regarding any attorney who may be asked to pravide assistance to CI'TY. Altorneys and paralegals who receive such approval from CITY shall hereinafter be referred to as "Approved Personne{". 4. OFFICE H4URS AND AVAILABII,ITY OF BR&K PERSONNEL Erwin shall attend and conduct office hours one half work day (four hours) twice every week at Yalm Desert City Hall on Monday morning and Wednesday morning. In addition, if and when requested by CI'TY, Erwin shall attend and conduct additional office hours at Palm Desert City Ha11 on any additional day or days of any week, as needed in thc determination of CITY. On any and all days when Erwin is not present at Palm Desert City Hall, Crwin and/or other Approved Personncl of BB&K shall remain available at all times to provide City Attorncy legal services to CITY from BA&K offices. 5. C MPENSATION In consideration for the performance of the Services by BB&K, CITY shall pay BB&K a flat-rate, all-inclusive sum of($18,SQ0.00 per month) ("Monthly Compensation"), which shall be payment of fees for the Relainer Services. BB&K LLP shall be reimbursed for reasonable and necessary expenses incurred, subject to approval of City Manager including but not limiteci to, printing, copying, long distance phone and fax charges, court fees, computer research expenses, extraordinary mail or delivery costs and actual fees and cxpenses for subconsultants retained by BA&K I1[,P. CITY and aB&K agree that the Monthly Compensation shall automatically increase effective for the Services provided by BII&K on and after July 1 of each calendar year (commencing July 1, 2010) in an amount equal to the inerease in the cost of living for the most recently published twelve (12) month period as shown by the U.S. Department of Labor in its All Urban Consumers lndex set forth in the I.os Angeles-Anahcim-Riverside area up to a maximum of five percent (5%). Page 2 of 5 RMAl;S1nERW IM309238.1 305 Co*`Tact No. C28880 Ivotwithstanding any provision herein to the contrary, BB&K may request on or before March 31 of each year an increase in the Monthly Compensation over and above the CYI adjustment upon a showing of good cause for such increase; provided that the approval or disapproval of'any such request shall be made by CITY in its sole and absolute discretion. 6. USE OF SPECiAIa COUNSEL CI1'Y and BB&K recognize and agrec that Special Services will be required by CITY from time to time. CITY in its sole and absolute discretion shall setect any and all special legal counsel to provide such Special Services. C]TY and AB&K understand and intend that such special legal counsel shall not be attorneys from BB&K unless approved separately by the City Council or City Manager. BB&K shall at the reyuest of CITY, be available to supervise and coordinate the provision of Special Services by special legal counsel. 7. SPECIAL SERVICES 3B8iK through approved personnel shall provide special services for Code Enforcement, Mobile Home Rcnt Control, I,itigation, Administrative Hearing, environmental challenges, endangered species, labor and employment matters, and other items specifically approved by the City Council or City Manager. Bond counsel matters are based upon Section 11 hereof. For any and all such legal services, the fees shall bc billed by BB&K and payable by Palm Desert as follows: $255.00 per hour for attorney partners, $245.00 per hour for Of Counsel attorneys, $230.00 per hour for attorney associates and $150.00 per hour for paralegals and law clerks. Billing shall be in tenth's of an hour far each billing person. Such hourly fees shall be subject to increase effective 3uty l of each calendar year(commencing 3uly 1, 201 U) in the manner set fi rth in Section 5 hereof. The costs associated with such service, including without limitation, telephone expense, document reproduction expense, mileage expense, computer research, Court and Administrative filing fees, messenger service fees, fees for expert appraisers and other consultants( subject to prior approval of City of Palm Desert) and the like, shall be billed by BB&K and payable by Paim Descrt monthly. Page 3 of 5 kMBUS:R W lN(}9238.l 306 Cor ract No. C2880 8. BILI.ING BB&K shall submit to CI1'Y monthly an invoice in the amount of thc Monthly Compensation, covering the preceding calendar month. "Fhe invoice shall contain a written description of all legal matters for which BB&K performed legal services during the precediilg calendar month. CITY shall make every reasonable effort to pay BB&K for each monthly invoice within twenty-one (21) ealendar days following receipt of each im oice. Ifi the Services provided by BB&K during the first or last calendar month of the term of this Agreement (as set forth in Section 10 hereafter) do not cover an entire calendar month, then the Monthly Compensation due and owing to BB&K shall be prorated for that month and shall be calculated by multiplying the Month(y Compensation by a fraction wherein the numerator is the number or c ays during which BBBcK provided the services in the calendar month and the denominator is the number thirty (30). 9. STA:1llARD AND TIMELINLSS OF SERVICES BB&K shall adherc to all reasonable and lawful standards and procedures established by CI1'Y for the provision of the Services by }3B&K under this Agreement and for the fulfillment by BB&K of its duties as the City Attorney. BB&K shall work cooperatively at all times with the City Council and the City Manager and shall keep them informed on all matters of imporiance. BB&K shall perform the Services expeditiously and in a timely manner in order to meet the necds and requiremcnts of CI"I'Y. 10. 1NSURANCE COVERAGE BB&K currently maintains errors and omissions insurance with I,loyd's of London. Afier a standard deductibility amount, this insurance provides coverage which exceeds the amount required by the State of Caiif'ornia. 11. All Bond counsel and general financial counsel ]egal services would be rendered to CITY at BB&K standard public finance rates set forth in Exhibit "A" attached hereto. Appropriate adjustments may be made to the rates on file as recommendcd f'rom time to time by underwriters and/or financiai advisors to the CI'I'Y. Page A of 5 RMB L`SiDER W ITv130923 8.1 307 C ~ract No. C28880 12. Ail legal services provided to CITY for which CITY receives reimbursement or requires deposit in advance from dcveloper or third party and for litigation paid by developer with CITY represented by 13B&K such as review of CC&R's, establishment of Community Facilities District, Assessment llistricts, Landscaping and l,ights Districts and the like, land use and/or environmental projects shall be billed at BB&K's then current standard private rate minus ten percent (10%). 13. TERMS Oli AGREEMENT The provision of the Services under this Agreement shall commence on September 1, 2009 and continue for a period of five years until August 31, 2U14. BB&K understands and agrees that BB&K serves at the wiil and pleasure of CITY, CITY retains BB&K to provide the Services under this Agreement, and BIi&K shall continue to provide the Services under this Agreement until such time as either CITY or I3R&K provides thirty{30)days written notice to the other of termination of this Agreement, either with or without cause. In the event of termination of this Af;reement, CIT'Y shall pay BB&K for all of the Services rendered by IIBBcK through and including the effective date of termination. IN WITNESS WHEREOF, CITY and BB&K have executed this Agreement as of'the date first set forth hereinabove. CITY OF PALM DESERT 6 By: Mayor A'I'TES"I': City Clerk BEST BES' KRIEGER LT.P C..._ i By: David: Erwin, Aartner Pagc 5 of 5 RMRI;S1nER1'[M3U9238.1 308 Co• " Tact No. C28i880 EXHIBIT "A" TQ LEGAL SERVICES AGREEMENT SCHEDULE OF BOND COUNSEL FEES) 1. Certificates of Participation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB&K shall be paid a fee which will be the greater of(i) $30,U00 or (ii) an amount based on thc total principal amount of the certificates of participation or bonds to be sold, computed as follows: 50%of the first$10 million of the amount of the ceriificates or bonds issued,plus 25%of the next$10 million of the amount thereaf, plus 125%of the amount thereof, if any, over 20 million. 2. Communitv Pacilities Districts. For services in connection with the issuance and sale of bonds of community facilities districts, BB&K shall be paid its hourly rates for conducting the formation proceedings of the Community Facilities District, and negotiation of funding agreements and other agreements relating to the CPD, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB&K will charge a fee which witl be the greater of{i) $30,000 or (ii) an amount based on the total principal amount of the bonds lo be sold, computed as follows: SO%of the first$10 million of thc amount of the bonds issued,plus 25%of the next$10 million of the amount thereot; plus 125%of the amount thereot; if any,over 20 million. 3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB&K shall be paid its hourly rates for conducting the formation proceedings of the Community Facilities llistrict, and negotiation of funding agreemcnts and other agreements relating to the assessment district, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB&K will charge a fee which will be the greater of(i) $25,000 or(ii) an amount based on the total principal amount af the bonds to be sold, computed as follows: 54%of the first$10 million of the A-1 309 Contr t No. C28880 amount of the bonds issued, plus 25%of the next$l0 million of the amount thercof,pius 125%of the amount thereof,if any,over 16 million. 4. Tax Aliocation Bonds. For services in connection with the issuance and sale of tax allocation bonc3s. BB&K shall be paid a fee which will be the greater of{i) $30,000, or (ii) an amount based on the total principal amaunt of thc bonds to be sold, computed as follows: 54%of the first 10 million of the amount of bonds issued,plus 25%of the next$10 million of the amount of bonds issued,plus 20%of the next$10 million of the amount of bonds issued,plus 15%of the next$10 million of the amount of bonds issued,plus 125%of the amount thereof, if any,over 40 million. 5. Gencral Obligation Bonds and Tax and Revenue Anticipation Notes. For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB&K shall be paid a fee which shall be determined basecl on the time expended by the attorneys and attorney assistants who perform services in connection with the issuance and sale of such bonds or notes at the following hourly rates: Attarneys (including partners and associates): $350; Paralegals and Clerks: $110. 6. Conduit Borrowin s. For services in connection with the issuance of bonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax-exempt financing, BB& K shall be paid a fee which will be $30,OOU for any bond issuance of$3,000,000 or less. Because bond counsel fees for condnit bonds are paid by the conduit borrower, we would expc:ct to negotiate the fee for any transaction over$3,000,000 with the conduit borrower, subject to approval by the City. A-2 310 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner SUBJECT: CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE BLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO RECOMMENDATION: Approve construction of a new breeze block garden wall exhibit at a city -owned property at 72861 El Paseo. BACKGROUND/ANALYSIS: The proposal is a request by the Historical Society of Palm Desert for consideration to construct a breeze block garden wall exhibit in the front yard of the historic Palm Desert Fire Control Station (Fire Station) located at 72861 El Paseo (APN: 640 -220-052), a local, city-owned historic landmark. On May 13, 2010, the Palm Desert City Council adopted Resolution No. 2010 -27 to declare the Fire Station a local historic landmark, per the recommendation of the Cultural Resources Preservation Committee (CRPC) (Attachment 1). The Fire Station site is currently owned by the City of Palm Desert and leased to the Historical Society of Palm Desert (Applicant), which maintains its headquarters and archival center at the project site. The Fire Station was deemed eligible for designation as it “reflects distinctive examp les of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.” Per the terms of the lease agreement, the proposed project requires approval by the City Council as a city-owned property. Cultural Resources Preservation Committee: Local historic landmarks require application and approval of a Certificate of Appropriateness for new construction, pursuant to Palm Desert Municipal Code Section 29.60.020. On August 28, 2024, the CRPC considered a Certificate of Appropriateness for this project at a noticed public hearing and granted approval with a 4-0 vote. Staff did not receive any comments from surrounding property owners. Project Description: The Applicant is proposing a breeze block garden wall exhibit in the front yard of the Fire Station that would include the following: - 11 breeze block wall segments spread throughout existing landscaped front yard - Staggered wall heights ranging from minimum of 24” to a maximum of 42” - Staggered wall widths ranging from 16” to a maximum of 48” 311 City of Palm Desert 72861 El Paseo Breeze Block Garden Wall Exhibit Page 2 of 3 - Breeze blocks will be unpainted gray blocks, with custom and variety of design, and include a solid gray cap, as shown in Exhibit 1 below Exhibit 1 – Breeze Block Design The Secretary of the Interior’s Standards for the Treatment of Historic Properties is summarized under Section 29.60.080. The proposed scope of work is compatible, as the construction will not require alteration of the existing historic resource on the site, and the modifications are detached wall structures. No historical materials or distinctive features will be removed from the site. The proposed work does not detract from the existing resource. The building was deemed eligible for designation as it “reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.” The proposed walls are compatible as it is incorporated into the existing front yard landscaped area and does not alter the site from its original designation. The proposed work is visible from publicly accessible areas but would not detract from the existing design. Legal Review: This report has been reviewed by the City Attorney’s office. Environment Review: Staff has reviewed the project in accordance with California Environmental Quality Act (CEQA) and finds that the project is Categorically Exempt from environmental review pursuant to Section 15303 – New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. Class 3 applies to projects involving the construction of a small structure. The project includes walls, which is typically a ministerial action that is statutorily exe mpt from CEQA, however because it requires a discretionary certificate of appropriateness due to the historic designation, CEQA applies. Pursuant to Section 15300.2 of the CEQA Guidelines, a Class 3 exception may not be used if the project falls into any exceptions: 312 City of Palm Desert 72861 El Paseo Breeze Block Garden Wall Exhibit Page 3 of 3 1. Cumulative impact: The project will not result in a cumulative impact due to the minor nature of the walls which comply with the Zoning Ordinance. 2. Significant Effect: There are no unusual environmental circumstances applicable to the property and there is no reasonable possibility that construction of the proposed walls will result in a significant impact on the environment. 3. Scenic Highways: The project site is not located within proximity to any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74 located approximately 670 feet east of the site, but the proposed walls would not be visible from said site. 4. Hazardous Waste Site: The project site has not been identified as a hazardous waste s ite per maps and databases provided by the California Department of Toxic Substances Control (DTSC). 5. Historical Resources: The project site contains a local landmark. The walls are detached from the historic structure and minor in nature. Therefore, there is no potential for the project to cause a substantial adverse change in the significance of the historical resource. FINANCIAL IMPACT: There is no financial impact to the General Fund with this action. The Applicant would secure all materials and labor and complete all of the construction for the project. ATTACHMENTS: 1. Fire Station Landmark Designation Approval 2. Project Plans 313 314 CITY OF PALM DESERT BUILDING AND SAFETY DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION NO2olo_27APPROVING LANDMARK DESIGNATION OF THE HISTORICAL SOCIETY OF PALM DESERT (PALM DESERT FIRE CONTROL STATION), LOCATED AT 72-861 EL PASEO, AS A LOCAL HISTORIC LANDMARK SUBMITTED BY: Russell A. Grance, Director of Building and Safety CASE NOS: CRPC 10-01 DATE: May 13, 2010 CONTENTS: 1. Cultural Resources Preservation Committee, April 27, 2010 meeting DRAFT minutes 2. Resolution No.2o10-2 3. Landmark Designation Application 4. CRPC approved design for Landmark Plaque Recommendation: Waive further reading and adopt Resolution Nozolo-reaffirming the action of the Cultural Resources Preservation Committee, designating the Historical Society of Palm Desert (Palm Desert Fire Control Station) located at 72-861 EI Paseo with landmark designation; in accordance with section 29.40.010 of the Palm Desert Municipal Code. Committee Recommendation: On April 27, 2010, the Cultural Resources Preservation Gommittee at its regular scheduled meeting conducted a public hearing as required per PDMC 29.40.070 and unanimously recommended nominating the Historical Society of Palm Desert (Palm Desert Fire Control Station) located at 72-861 EI Paseo for landmark designation. Background: The building located at 72861 EI Paseo is significant as the first Fire Station in the City of Palm Desert. The building was constructed in 1951 on land donated by Clifford W. Henderson. The building is eligible for designation as a City Landmark in accordance with section 29.40.010 Landmark Designation Criteria as it "reflects distinctive examples 315 Staff Report Resolution 2010-2 May 13, 2010 Page 2 of 2 of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation. The building is currently owned by the City of Palm Desert and is leased to the Historical Society of Palm Desert which maintains their Headquarters and Archival Center. Fiscal Analysis: There is no fiscal impact associated with this action. Submitted By: Russell A. Grance, Director of Building & Safety Approv : CITY COUNCILA ION APPROVED DENiEb RECEIVED OTHER Paul S. Gibson, Director of Finance MEET _G DATE ` /O r,r' AYES: NOES: U^^--- AssEN7: nu-- oh i M. Wohlmuth, City Manager ABSTAIN: VERIFIED BY: Originat on File wtth City Cler s Office 316 CITY OF PALM DESERT CULTURAL RESOURCES PRESERVATION COMMITTEE Draft Preliminary Minutes April 27, 2010 Administrative Conference Room I. CALL TO ORDER Committee Chair pon Graybill called the meeting of the Cultural Resources Preservation Committee to order at 10:00 a.m. II. ROLL CALL Present: Ricki Brodie Gale Broeker Don Graybill Vera Handley Kim Housken Bob Pitchford Kent Routh Also Present: Russell Grance, Director of Building and Safety K Kaufmann, The Desert Sun Newspaper Suzanne Cicchini, Recording Secretary III. ORAL COMMUNICATIONS None IV. CONSENT CALENDAR A. MINUTES OF THE MEETING OF JANUARY 26, 2010 Committee Member Kim Housken requested clarification of the italicized portion regarding an address of a home on Fiddleneck Lane under Item X. Reports and Remarks. Suzanne Cicchini Recording Secretary noted that the sentence, "She confirmed it to be 73140 Fiddleneck Lane" was written in italics because the speci c address information was obtained after the meetin_q. Committee Member Kim Housken was satis ed with the clarification and moved that the Minutes be approved as presented. Committee Member Kent Routh seconded the Motion. All were in favor and the Motion passed unanimously. V. CONSENT ITEMS HELD OVER None 317 CULTURAL RESOURCES PRESERVATION COMMITTEE APRIL 27, 2010 VI. NEW BUSINESS None VII. CONTINUED BUSINESS None VIII. OLD BUSINESS None IX. PUBLIC HEARING Committee Chair pon Graybill opened the Public Hearing to consider Landmark Designation for the Historical Society of Palm Desert (Palm Desert Fire Control Station) located at 72-861 EI Paseo, (APN 640-220-052) as a local historic landmark for City Council Approval. Discussion commenced about the historic occasion. Committee Chair pon Graybill noted this was the first one here in the City of Palm Desert (under the present ordinance). There was no testimony offered and Committee Chair pon Graybill closed the public hearing. Committee Chair pon Graybill requested any comments on the proposal to prepare a resolution approving landmark designation for property located at 72-861 EI Paseo, APN 640-220-052 for City Council consideration. Discussion commenced and Committee Member Gale Broeker asked how soon this item would get to City Council? Director of Building and Safety Russell Grance responded that he hoped for the first meeting in May, 2010. Committee Member Kim Housken remarked that based on the stellar application that was put forth and the comprehensive great history of the fire station, it was important to recognize it. She was very pleased to see it move forward. She added that it was an excellent example of adaptive reuse in historic preservation. It was once a fire station but it has now served its purpose and is now a very successful historic society. Committee Member pon Graybill agreed and requested that Committee Member and Architect Bob Pitchford weigh in about how he felt when he first saw the Walter White roof. Mr. Pitchford indicated that he is still learning about the building. He was informed by Eric Vogt that the plan actually came from County of Riverside. Walter White had placed elevations upon that plan. The same floor plan was used throughout the County of Riverside in many areas. Mr. White cannot claim complete credit for it. Committee Member Kim Housken questioned whether Number 11 of the application should be changed to read "Walter White — Roof." Committee Member Ricki Brodie opined that the application was very good as it read. Committee Member Kim Housken emphasized that he really didn't design the whole building; he did the roof. Committee Member Bob Pitchford concluded that Walter White submitted the complete plans for approval. Mr. White received a floor plan, however, the submittal required more than just a floor plan. He probably provided some working drawings too. He would be considered one of the G:\BldgSfty\Suzanne Cicchini\Word Files\Cultural Resources Preservation CommitteeUvlinutes 2010\4-27-10 Draft Preliminary Minutes.docx Page 2 318 CULTURALRESOURCES PRESERVATION COMMITTEE APRIL 27, 2010 architects of record. Committee Chair pon Graybill asked if there were any other comments on the Motion. Committee Member Vera Handley motioned to authorize staff to prepare a resolution approving landmark designation for property located at 72-861 EI Paseo, APN 640-220-052 for City Council approval. Committee Member Kent Routh seconded the Motion. The Committee voted unanimously in favor of the proposal to prepare a resolution approving landmark designation for property located at 72-861 EI Paseo, APN 640-220-052 for City Council consideration. Committee Chair pon Graybill thanked Director of Building and Safety Russell Grance for his efforts. Mr. Grance commented that it was a joint effort by everybody here. This accomplishment was a cooperative effort. Discussion commenced and Committee Chair pon Graybill suggested informing some of the past Committee Members such as Jim West. Committee Member Kim Housken recommended inviting them to the dedication of the plaque ceremony. Director of Building and Safety Russell Grance noted that approval of the plaque would be added as an informational item for City Council at the same meeting. X. REPORTS AND REMARKS Committee Member Kent Routh requested the Committee consider not meeting in June, July and August. He would like this item to be placed on the next Agenda. Work Shops could be considered in case anything comes up. Discussion commenced regarding whether or not that would be practical given the desire of the Committee to research future potential designations. Director of Building and Safety Russell Grance directed Suzanne Cicchini Recording Secretary to place this on the Agenda as New Business for the next meeting. Director of Building and Safety Russell Grance noted that he was approached by the new President of Shadow Mountain Golf Club. Mr. Grance provided him with information and a map was developed to show the boundaries of a potential historic district. The President is moving forward to the Board of Shadow Mountain Golf Club to get some direction; it seems positive. One of the managing owners of Shadow Mountain Resort (with the Tennis Club and Pool) expressed a little bit of interest also and was sent information. Mr. Grance did not want to get the Committee's hopes up too much but he was letting them know there was some interest. Mr. Grance noted that we could thank Councilman Kelly for setting up the original meeting with Dan Pederson of Shadow Mountain Golf Club. Committee Member Vera Handley suggested local newspaper editors be invited to a historic district designation ceremony. It would be a good way to generate publicity. Discussion commenced about the process of designating a district and the meetings that would be needed to include multiple owners. G:\BldgSfty\Suzanne Cicchini\Word Files\Cultural Resources Preservation CommitteeVulinutes 2010\4-27-10 Draft Preliminary Minutes.docx Page 3 319 CULTURALRESOURCES PRESERVATION COMMITTEE APRIL 27, 2010 Committee Member Gale Broeker inquired if any further communication from Palm Desert Country Club was received. Mr. Grance had not heard anything since Ray Villacete requested attendance of some of the Committee members at their board meeting. Committee Member Ricki Brodie inquired if there was any communication from Sandpiper. Director of Building and Safety Russell Grance remarked that no contact was made. The recent focus has been on the potential designation of the Fire Station and the recent contacts made with Shadow Mountain Golf Club and Shadow Mountain Resort. Committee Member Kim Housken mentioned Architect John Warnecke had passed away. She described him as big time, the architect who designed College of the Desert and the eternal flame. She found it interesting that he redid Lafayette Square, which was sort of adaptive. In the article she read, it was noted that he designed the state capitol building in Hawaii to blend in with the 19t" century `lolani Palace nearby. Mr. Warnecke described the building as looking at coconut palms. He worked on that after College of the Desert. She found it interesting and suggested that he got the idea here in the desert with the date palms and thought that it was an interesting local tie in. College of the Desert doesn't seem to promote that or do much with it. Committee Member Vera Handley recommended that Committee Member Kim Housken get this information to the right person at College of the Desert. Ms. Housken already had done that, but considered revisiting the idea again. Committee Member Kim Housken announced the Grand Re-opening of the North Shore Yacht Club. The hours are from 10:00 a.m. to 1:00 p.m. Ms. Housken mentioned that it was very exciting how quickly the work was finished, and it was done ahead of schedule. It's a real plus having it open. Committee Member Ricki Brodie inquired if Committee Member Vera Handley spoke with the people she knew at College of the Desert. Ms. Handley noted that they are absorbed with the economic situation today and she might approach them in the future to see if they would be interested in reconsidering a cultural resource designation. Committee Chair pon Graybill inquired if there was anything that should be on the Agenda for the next meeting. Committee Member Kent Routh added that anyone can call Mr. Graybill or Suzanne Cicchini Recording Secretary if they would like something put on the Agenda. Committee Member Vera Handley announced that she spoke with Lisa May and that there never was a Cliff May, Jr. She cautioned that the Committee should be very careful of facts and information before proceeding. Committee Member Kent Routh remarked that we have a lot of information but the accurate truth is often hard to come by because the anecdotal things are so much more interesting. G:\BldgSfty\Suzanne Cicchini\Word Files\Cultural Resources Preservation CommitteeWlinutes 2010\4-27-10 Draft Preliminary Minutes.docx Page 4 320 CULTURALRESOURCES PRESERVATION COMMITTEE APRIL 27, 2010 Committee Member Kim Housken inquired if discussion of the Library (Portola Community Center) should be placed on the next Agenda in order to move forward with filling out a Cultural Resource Preservation designation application. Director of Building and Safety Russell Grance thought that it would be good to do so. Ms. Housken noted that fortunately, the Committee has a lot of information on it. Committee Chair pon Graybill announced that on Founder's Day, May 15, 2010, the Historical Society will honor Betty Crockett. She organized events for the children at Shadow Mountain Club back in the day. It might be nice to tie in interest with this event and the Fire Station designation. Committee Member Kent Routh mentioned that the next finro or three designations will get the most attention. It seems less interest is generated with an individual home. He recalled the time when the Palm Desert Lodge came up for discussion. There are feelings in the community, but they need to know about it and commented, "We need ink!" The next meetin of the Cultural Resources Preservation Committee will be Tuesday, May 25 at 10:00 a.m. in the Administrative Conference Room at The City of Palm Desert. XI. ADJOURNMENT Committee Chair pon Graybill adjourned the meeting at 10:27 a.m. Suzanne Cicchini, Recording Secretary G:\BldgSfty\Suzanne Cicchini\Word Files\Cultural Resources Preservation CommitteeVvlinutes 2010\4-27-10 Draft Preliminary Minutes.docx Page 5 321 RESOLUTION NO. 2010-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING LANDMARK DESIGNATION OF THE HISTORICAL SOCIETY OF PALM DESERT (PALM DESERT FIRE CONTROL STATION), LOCATED AT 72-861 EL PASEO, AS A LOCAL HISTORIC LANDMARK WHEREAS, on April 27, 2010, the Cultural Resource Preservation Committee conducted a public hearing to consider initiation of Landmark Designation of the Historical Society of Palm Desert (Palm Desert Fire Control Station) located at 72-861 EI Paseo, Assessor's Parcel No. 640-220-052, as a historic landmark pursuant to Section 29.40 of the Palm Desert Municipal Code; and WHEREAS, the Cultural Resources Preservation Committee has considered all of the evidence submitted into the administrative record which includes, but not limited to: 1. Agenda reports were prepared by the Department of Building and Safety. 2. Staff presentation at the meeting held on April 27, 2010 before the Cultural Resources Preservation Committee. 3. The City of Palm Desert, Cultural Resources Ordinance No. 1168, and all other applicable regulations and codes. 4. Public comments, both written and oral, received and/or submitted at or prior to the meeting, supporting and/or opposing the applicant's request. 5. Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the meeting. 6. All related documents received and/or submitted at or prior to the meeting. WHEREAS, based on the forgoing evidence, the Cultural Resources Preservation Committee finds that: 1. A request for Landmark Designation for the Historical Society of Palm Desert (Palm Desert Fire Control Station) located at 72-861 EI Paseo, was made on April 27, 2010, to designate the Historical Society of Palm Desert. 2. Notice of the April 27, 2010, Cultural Resources Preservation Committee meeting was posted in the Desert Sun and at City Hall. 3. Notice of the April 27, 2010 Cultural Resources Preservation Committee was provided to the affected property owner as shown on the latest Riverside County assessment role. Owner was notified by telephone and by first class mail. 4. Notice of the Cultural Resources Preservation Committee meeting included the notice requirements set forth in California Environmental Quality Act (CEQA). WHEREAS, based on the Cultural Resources Ordinance 1168, the Cultural Resources Preservation Committee concludes the following: 1. Palm Deserts' character and history are reflected in its cultural, historical, and architectural heritage, and 2. Palm Deserts' historical foundations should be preserved as living parts of the community life and development in order to foster an understanding of the City's past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand Palm Deserts' heritage, and 3. The Cultural Resources Preservation Committee has reviewed this site and determined it to be historically significant and could contribute to the economic and cultural revival of the City. 322 Resolution No. zoio-2 Page 2 of 3 WHEREAS, in view of all the evidence and based on the forgoing designation criterion, the Cultural Resources Preservation Committee concludes as follows: The Historical Society of Palm Desert (Palm Desert Fire Control Station) located at 72- 861 EI Paseo, meets the following designation criterion as contained in the City's Cultural Resources Ordinance, and is hereby worthy of preservation and designation as a Local Historic Landmark. F. Reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation. The building located at 72861 EI Paseo is significant as the first Fire Station in the City of Palm Desert. The building was constructed in 1951 on land donated by Clifford W. Henderson. The building is eligible for designation as a City Landmark in accordance with section 29.40.010 Landmark Designation Criteria as it "reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation. Upon its completion in 1951, it was the only building west of Highway 74 and south to where Haystack is now. The fire station is a one-story structure built in finro sections, one on each side of the fire truck storage area or garage. Mr. Henderson, with the permission of the Architectural Committee for Palm Desert Corporation was to solicit the services of Mr. Walter White, renowned architect, to design and submit a lowering of the roof angle, and increase the roof overhang, thus creating a "Ranch Roof' design which is especially desirable and adaptable to the desert climate. The east wing consisted of a living or office room area, three bedrooms, one bath, dining room and kitchen. It was considered a residence because a resident fireman and his family lived in this section during the 1950's and early 1960's. The west wing consisted of an office and bathroom and equipment storage. The cement block building materials were secured from the County Prison Farm brick yard and the labor to build the structure came from both paid and volunteer firefighters. In the fall of 1983, the new fire station at Palm Desert Town Center (Station 33) was finished, and so the historic fire station was vacated. In the winter of 1983, Boy Scout Troop 76 moved in and used the facility up until January, 1987. In January, 1985 the Historical Society of Palm Desert moved in and shared the facility with Troop 76 until January, 1987. In June of 1985 the County of Riverside executed a "Quitclaim Deed" for the Fire Station and the Historical Society of Palm Desert secured ownership. In January, 1990 at a Board meeting of the Historical Society Trustees, on the recommendation of their attorney, resolved to deed the fire house over to the City of c 3 323 Resolution No. 2oio_2 Page3of3 Palm Desert. This was done with the understanding that the Society would continue to occupy the building. This transaction was reported to the public in July, along with plans to renovate the structure by early fall. In 2002, the Society did a major renovation to the inside of the bay (center section) of the historic fire house. A glass storefront was installed behind the pull-down door, and the room was set up to exhibit a major firefighting display. The building is currently owned by the City of Palm Desert and is leased to the Historical Society of Palm Desert which maintains their Headquarters and Archival Center. NOW THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY DESIGNATE HISTORICAL SOCIETY OF PALM DESERT PALM DESERT FIRE CONTROL STATION), LOCATED AT 72-861 EL PASEO, AS A LOCAL HISTORIC LANDMARK PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held this day of 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 6 ; f 324 City of Palm Desert Department of Building and Safety 73-510 Fred Waring Dr., Palm Desert, CA 92260 760) 776-6420 Fax (760) 776-6392 Landmark Cultural Resources Nomination Application IDENTIFICATION 1. Common name: Historical Societv, Palm Desert Museum 2. Historic Name:Palm Desert Fire Control Station 3. Street address:72-861 EI Paseo City Palm Desert State CA Zip 92260 4. Assessor Parcel number: 640 220-052 5. Legal Owner: Citv of Palm Desert City Palm Desert State CA Zip 92260 6. Present Use: Historical Societv, Palm Desert Museum 7. Original Use: Palm Desert Fire Control Station Date form prepared: March 30, 2010 Preparer: Cultural Resources Preservation Committee Sponsoring Organization (if any): Citv of Palm Desert Address: 73-510 Fred Waring Drive City Palm Desert State CA Zip: 92260 Phone: 760) 346-0611 325 DESCRIPTION 8. Legal property description: .34 acres M/L in POR NE '/ of SE '/4 of Section 19, T. 5S, R. 6E, S.B.B & M. Include approximate property size (in feet): Street Frontage 100 Depth 150 9. Architectural Style: Ranch Vernacular 10. Construction Date: Estimated Apr-Nov 1951 Factual Source of Information: Assessor's Records Building Permit Sanborn Map 0 Publications Oral Interviews 11. Architect's Name:Walter White Builder's Name: Bill Lord 12. Condition: Excellent Good Fair 0 Deteriorated No longer in existence (for site ofl 13. Alterations:In 2002 a maior renovation of the inside apparatus bay of the historic fire house was perFormed to accommodate a glass storefront which was installed behind the pull-down door. 14. Use type: Residential Industrial Commercial OCivic Other 15. Is the structure on its original site? 0 Yes No Unknown If moved, approximate year 16. Related features and/or outbuildings: Hose rack in back on the southern edae of the propertV. 17. Architectural Description The first Palm Desert Fire Station and present day Historical Society Museum building located at 72-861 EI Paseo was historically the first construction west of HWY 74 on EI Paseo. The natural slope of the site combined with a 50 foot front setback placed the building pad well above the street. 326 A 72 x 44 foot gable roofed single story facility was developed in two phases, perForming finro functions and using two construction systems. The initial phase was of concrete block on slab and dealt with the essentials of firefighting. This was comprised of a double apparatus bay with a recessed floor, a finrenty two (22) foot wide, ten (10) foot high overhead door, a ready room, an office, storage and toilet room. The rustic concrete masonry units used were furnished by the County Prison farm brick yard in Banning. The second phase of the building program utilized frame and stucco construction. It provided a 1400 square foot, three (3) bedroom living facility for a full time firefighter and family. Despite the difference in building systems an effort was made to maintain architectural harmony by matching roof design, materials and fenestration details. For example, the original concrete block building utilized steel casement sash with divided lites. The frame and stucco addition not only matched the sash, it recessed it and duplicated the concrete masonry sill detail in wood. The two phases and building systems are physically separated on the street elevation by the visually dominant apparatus bay door opening which now contains glazed aluminum store front. The scale of this bold statement is in contrast to the otherwise residential nature of the architecture. Both phases have matching 17 x 8 foot gable roofed porches which help tie the systems together. The gables have characteristic features frequently used in Palm Desert by buildings Architect, Walter White, which features low pitch and exaggerated over hang at the ridge. The original floor plan of the firehouse is unchanged with the occupation of the Palm Desert Historical Society. Rooms have been adapted to accommodate community historical displays, offices, archives and the original apparatus bay houses a vintage firefighter equipment collection. The ready room is now used for meetings. The front yard of the property is landscaped with desert plantings. Retaining walls and steps make the transition from the sidewalk to the elevated site. Recognizable is the original wide concrete driveway ramping down to the street from the apparatus bay where the war surplus fire truck is occasionally parked. A second driveway leads past the east side of the building to a paved parking and storage area in the rear of the property. There is a small 12 x 16 foot gable roof building currently used for storage but commonly referred to as the scout house. At the extreme rear of the property is the original 55 foot long open wood grate fire hose drying rack elevated and pitched for hose drainage. 327 SIGNIFICANCE 18. Statement of Significance: The building located at 72861 EI Paseo is significant as the first Fire Station in the City of Palm Desert. The building was constructed in 1951 on land donated by Clifford W. Henderson. The building is eligible for designation as a City Landmark in accordance with section 29.40.010 Landmark Designation Criteria as it "reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation. Upon its completion in 1951, it was the only building west of Highway 74 and south to where Haystack is now. The fire station is a one-story structure built in two sections, one on each side of the fire truck storage area or garage. Mr. Henderson, with the permission of the Architectural Committee for Palm Desert Corporation was to solicit the services of Mr. Walter White, renowned architect, to design and submit a lowering of the roof angle, and increase the roof overhang, thus creating a "Ranch Roof' design which is especially desirable and adaptable to the desert climate. The east wing consisted of a living or office room area, three bedrooms, one bath, dining room and kitchen. It was considered a residence because a resident fireman and his family lived in this section during the 1950's and early 1960's. The west wing consisted of an office and bathroom and equipment storage. The cement block building materials were secured from the County Prison Farm brick yard in Banning and the labor to build the structure came from both paid and volunteer firefighters. In the fall of 1983, the new fire station at Palm Desert Town Center (Station 33) was finished, and so the historic fire station was vacated. In the winter of 1983, Boy Scout Troop 76 moved in and used the facility up until January, 1987. In January, 1985 the Historical Society of Palm Desert moved in and shared the facility with Troop 76 until January, 1987. In June of 1985 the County of Riverside executed a "Quitclaim Deed" for the Fire Station and the Historical Society of Palm Desert secured ownership. In January, 1990 at a Board meeting of the Historical Society Trustees, on the recommendation of their attorney, resolved to deed the fire house over to the City of Palm Desert. This was done with the understanding that the Society would continue to occupy the building. This transaction was reported to the public in July, along with plans to renovate the structure by early fall. In 2002, the Society did a major renovation to the inside of the bay (center section) of the historic fire house. A glass storefront was installed behind the pull-down door, and the room was set up to exhibit a major firefighting display. The building is currently owned by the City of Palm Desert and is leased to the Historical Society of Palm Desert which maintains their Headquarters and Archival Center. 328 ADDITIONAL INFORMATION 19. References used 20. Photographs t Y r 3 e. r... .., +s , l A KK Ce. . . Y .... ` y'^'.'pN ... ti wewm w., G wo.ng 9!E :v;; ' +r> w'. . c r .,.,«.,..,N.,.gle,'. The Eirct fire ata[ion ip Pelm DlaeYt, Nor the home of Ch Palm De¢erC XliCorlcal 9oclaty, P oto 19B3 d.' "{',',.d y,."q 'ws,>S t.'.:.;e.4 ,. U.a.,. .., 21. Letter from property owner Office Use Only Date Application received: March 30, 2010 Application complete and accepted: Q Yes No Case File Number: CRPC 10-01 Date of Public Hearing before the CRPC: Apri127, 2010 329 iMlll l Y .;, M1 ''",1 z; a.. s y a j .?;. a '. au.:,. r e x• x s,•'5,::, vsh y' k'+3.. f".: R'}' d c?;k r t c: Sample Plaque Design 12" diameter aluminum plaque 5/16" thick plaque Raised Copy Leatherette - w/satin surFace Semi-gloss finish (forest green) Blind mount standard studs 330 Martinez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.comj Sent: Tuesday, April 27, 2010 11:48 AM To: Martinez, Gloria Subject:RE: Legal Notice-PH 05/13/10-Case No. CRPC 10-01 Ad received and will publish on date(s) requested. Cliartene Nloeller Public Notice Customer Service Rep. The Desert 8un Newspaper 750 N. Gene Autrq Trail, Palm Spriags, CA 92262 760)778-4578, Fax(760)778-4731 Desert Sun legals(a thedesertsun.com Desert Post Weekiy dpwleaalsCc thedesertsun.com The Coachella Valley's#1 Source in News 8 Advertising!Visit us at mydesert.com NOTE: Starting on March 29th,there wili be a$10 affidavit processing fee added to the cost of each Public Notice From: gmartinez@cityofpalmdesert.org [mailto:gmartinez@cityofpalmdesert.org) Sent: Tuesday, April 27, 2010 11:41 AM To: tds-legals Cc: rklassen@cityofpalmdesert.org; rgrance@cityofpalmdesert.org; scicchini@cityofpalmdesert.org Subject: Legal Notice - PH 05/13/10 - Case No. CRPC 10-01 PLEASE PUBLISH THE FOLLOWING: NOTlCE OF PUBLIC HEAR/NG Notice of Public Hearing to Consider Historic Landmark Designation for the Property located at 72-861 EI Paseo, Palm Desert, California, Case No. CRPC 10-01. ONCE IN THE DESERT SUN Thursday, April 29, 2010 If you have any questions or require additional information, please give me a call. j?.C o?.r:a 'j?a2"',,e Records Technician City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 760) 346-0611 Ext. 354 r arti iez.?city_of almdesert_ 1 331 CITY OF PALM DESERT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the Paim Desert City Council to consider historic landmark designation for the property located at 72-861 EI Paseo, Palm Desert, CA, Case No. CRPC 10-01. Said hearing will be held at 4:00 p.m. on Thursday, May 13, 2010, in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written consent concerning all items covered by this notice shall be accepted up to the date and time of the hearing. Information concerning the proposed designation is available for review in the Building and Safety Department at the above address befinreen the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice, as in written compliance delivered to the City Council, or prior to, the public hearing. Dated this 27' day of April, 2010. RA HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 73510 Fred Waring Drive Palm Desert, CA 92260 760) 346-0611 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RATIFY A LETTER OF SUPPORT TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ ACCESS INDIAN CANYON DRIVE PROJECT RECOMMENDATION: Ratify a letter of support to the U.S. Department of Transportation for the Coachella Valley Association of Governments’ ACCESS Indian Canyon Drive Project. BACKGROUND/ANALYSIS: The U.S. Department of Transportation is seeking grant applications for the Wildlife Crossing Pilot Program. The Wildlife Crossings Pilot Program (WCPP) is a competitive grant program aimed at reducing wildlife vehicle collisions while improving habitat connectivity for terrestrial and aquatic species. The application period closed on September 4, 2024. On August 20, 2024, the Coachella Valley Association of Governments (CVAG) requested letters of support from Coachella Valley cities for the ACCESS Indian Canyon Drive Project. The proposed project scope includes two all-weather bridge systems, undercrossings to create a wildlife corridor, sand fencing, and an active transportation pathway. The City Council Ad Hoc Committee on Legislative Affairs authorized the immediate issuance of the letter of support, and the City Council is requested to ratify issuance of the letter of support. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Letter of Support 353 354 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV August 26, 2024 The Honorable Pete Buttigieg U.S. Secretary of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 RE: CVAG’s ACCESS Indian Canyon Drive Project - Support Dear Secretary Buttigieg: On behalf of the City of Palm Desert, I strongly support the Coachella Valley Association of Governments’ (CVAG) application to the United States Department of Transportation’s Wildlife Crossings Pilot Program (WCPP). CVAG’s Addressing Climate Change, Emergencies and Sandstorms (ACCESS) Indian Canyon Drive project is a multi-benefit project that will improve habitat connectivity for threatened and endangered species in the Whitewater Floodplain Preserve Conservation Area, while also improving public safety, mobility, sustainability, and equity for surrounding disadvantaged communities. The Whitewater Floodplain Preserve area is home to listed species such as the Coachella Valley fringed- toed lizard, the Coachella Valley milkvetch, and the burrowing owl, all of which depend on the unique sand transport ecosystem for habitat and survival. As a result of the sand transport process, blowsand accumulates on Indian Canyon Drive, an at-grade arterial road that crosses the conservation area. In effect, species that rely on the blowsand are placed in direct conflict with motorists traveling on Indian Canyon Drive. Building bridges and culverts at two key areas along Indian Canyon Drive would allow wildlife and blowsand to more easily pass under the road, significantly improving wildlife connectivity. The proposed project would have the added benefit of decreasing prolonged road closures due to blowsand and flooding. Road closures on Indian Canyon Drive prevent access to essential services, including job centers, schools, childcare facilities, and the region’s only Level 1 Trauma Center. CVAG’s ACCESS project represents an essential step towards building a resilient desert transportation infrastructure that can protect our environment while improving the safety and resiliency of our local communities. For this reason, we strongly support CVAG’s application to the WCPP for the ACCESS Indian Canyon Drive project and look forward to your favorable consideration. If you have any questions regarding our position, please do not hesitate to contact the City Manager, Todd Hileman, at (760) 346-0611 or email thileman@palmdesert.gov. Sincerely, Karina Quintanilla Mayor, City of Palm Desert 355 356 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Shelby Goodwin, Special Events Coordinator SUBJECT: RECEIVE AND FILE INFORMATIONAL REPORT ON ROAD CLOSURES SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL YEAR 2024-25 ROUTINE SPECIAL EVENTS RECOMMENDATION: Receive and file informational report on road closures scheduled to occur on El Paseo associated with Fiscal Year 2024-25 routine special events: 1. Desert Cancer Foundation’s Paint El Paseo Pink – October 19, 2024 2. Palm Desert Area Chamber of Commerce’s Golf Cart Parade – October 27, 2024 3. Martha’s Village and Kitchen’s Thanksgiving 5K – November 28, 2024 4. Palm Desert Charter Middle School Foundation’s Panther 5K – January 26, 2025 BACKGROUND/ANALYSIS: Paint El Paseo Pink, the Golf Cart Parade, Thanksgiving 5K, and the Panther 5K are annual events on El Paseo that require road closures between Portola Avenue and Highway 74. For all these events, staff will work with the event producers in advance to ensure that hard closures are utilized at all major intersections and that police officers are stationed at designated locations along the route. Additional notification regarding the road closures will be provided to businesses along El Paseo and any affected residents. This report is to inform the City Council and the public about the El Paseo road closures as part of our overall communication efforts. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The City Council approved sponsorships for Paint El Paseo Pink, the Golf Cart Parade, and the Thanksgiving 5K as part of the FY 2024-25 budget; however, there is no financial impact to the General Fund associated with this request as each organization will be responsible for costs related to the road closures. 357 358 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN STAUBER FROM THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS RECOMMENDATION: 1. Thank Susan Stauber for her many years of service on the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors. 2. Acknowledge the automatic removal of Susan Stauber from the EPPBID Board of Directors in accordance with Palm Desert Municipal Code (PDMC) Section 3.40.070(F). BACKGROUND/ANALYSIS: At the EPPBID Board meeting on July 19, 2024, Member Susan Stauber annou nced that the business she represented, Grayse, would close as of August 2024. In accordance with Palm Desert Municipal Code Section 3.40.070(F), “Any member who ceases to be a proprietor, partner, or corporate officer or a member business or any member who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the city of Palm Desert, shall automatically be removed as a member.” Therefore, the City Council is requested to acknowledge the automatic removal of Ms. Stauber. Ms. Stauber has been a long-term member of the Board in good standing, and the City thanks her for her years of service to the EPPBID. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. El Paseo Parking and Business Improvement District Meeting Minutes – June 19, 2024 2. Palm Desert Municipal Code Section 3.40.070 359 360 1 EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD CITY OF PALM DESERT REGULAR MEETING MINUTES June 19, 2024, 8:00 a.m. Present: Board Member Rebecca Elliott, Board Member Alec Longmuir, Board Member Susan Stauber, Board Member Michelle Whittaker, Chair Patrick Klein Absent: Vice Chair David Fletcher Staff Present: Public Affairs Manager Thomas Soule, Director of Economic Development Eric Ceja, Marketing Assistant Christiani Aquino, Recording Secretary Michelle Nance Liaison(s) Present: City Council Liaison, Jan Harnik Click HERE to review the meeting audio. Click HERE to access the meeting agenda packet. 1. CALL TO ORDER A Regular Meeting of the El Paseo Parking and Business Improvement District Board was called to order by Chair Klein on June 19, 2024, at 8:02 a.m. in the Administrative Conference Room, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. NON-AGENDA PUBLIC COMMENTS None. 4. CONSENT CALENDAR Motion by: Board Member Stauber Seconded by: Board Member Elliott To approve the consent calendar as presented. Motion Carried (5 to 0) 4.a APPROVAL OF MINUTES Approve the Minutes of May 14, 2024. 4.b APPROVAL OF FINANCIALS Approve the Financial Statement ending in April 30, 2024 361 2 5. CONSENT ITEMS HELD OVER None. 6. INFORMATIONAL REPORTS 6.a CITY STAFF Business and Community Outreach Coordinator Mager provided an update on red curb painting project for El Paseo. 6.b SHERIFF UPDATE Chair Klein and Board Member Longmuir provided updates on behalf of the Sheriff's department regarding recent significant incidents on El Paseo. 6.c MARKETING UPDATE Report provided; no action taken on this item. 7. ACTION CALENDAR 7.a PROVIDE ADDITIONAL FEEDBACK ON FISCAL YEAR 2023-2024 BUDGET AND PROVIDE DIRECTION FOR PREPARATION OF FISCAL YEAR 2024- 2025 BUDGET Stephanie Greene of FG Creative and Public Affairs Manager Soule provided the staff report and answered member inquiries. Motion by: Chair Klein Seconded by: Board Member Whittaker Recommend City Council approve budget for FY 2024-2025 as presented. Motion Carried (5 to 0) 7.b EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD VACANCY AND POTENTIAL BOARD MEMBER INTERVIEWS Board interviewed candidate Mahasti Islami and reviewed candidate Angela Rafferty's application. Motion by: Board Member Elliott Seconded by: Board Member Stauber Recommend City Council approve Mahasti Islami as a Board Member for El Paseo Parking and Business Improvement District Board. Motion Carried (5 to 0) 362 3 7.c REVIEW CERTIFIED FARMER'S MARKET PROPOSAL Christiana Green, of Certified Farmers Market, presented proposal of an El Paseo Farmers Market and answered member inquiries. Stephanie Greene, of FG Creative, provided merchant feedback on previous events that require road closure. During the course of deliberations the consensus of the Board favored the idea of a Farmers Market, but opposed the proposed Saturday schedule and provided the following feedback: • Provide other location options including adjacent to El Paseo and Civic Center Park; • Research other options of non-weekend days for proposed event; • Research cost for City; and • Provide a El Paseo merchant survey to obtain feedback from all merchants. 8. COMMENTS 8.a EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD MEMBERS Board Member Stauber reported on the permanent closure of Grayse set for August 2024. 8.b CITY COUNCIL LIAISON Mayor Pro Tem Harnik reminded the Board to assist Sheriff Deputies with "see something, say something" and opined already missing the Courtesy Carts as they have ended for the season. 8.c CITY STAFF Deputy Clerk Nance introduced City Clerk team member Yuri to the Board. Public Affairs Manager Soule reminded the Board of the State of the City address taking place June 25, 2024, at UCR Palm Desert Campus. 8.d ATTENDANCE REPORT Report provided; no action taken on this item. 9. ADJOURNMENT The El Paseo Parking and Business Improvement District Board adjourned at 9:29 a.m. 363 4 10. PUBLIC NOTICES _________________________ Michelle Nance, Deputy Clerk I Recording Secretary _________________________ Thomas Soule, Public Affairs Manager Secretary _________________________ DATE APPROVED BY EPPBID BOARD 364 § 3.40.070. El Paseo business improvement area advisory board. A. Established. There is established an El Paseo business improvement area advisory board ("board"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. B. Purpose. The purpose and objectives of the El Paseo parking and business improvement area is to represent the interests of its members on El Paseo. These interests include, but are not limited to, advertising promotion, street beautification, parking, tourism and other activities promoting business in the area. The El Paseo parking and business improvement area was established to promote El Paseo as a world class, pedestrian friendly, upscale consumer oriented destination, offering quality and unique retail and service businesses. C. Members. The board shall consist of seven members appointed by the city council. The terms of office of said members of the advisory board shall be for three year terms. Board terms shall be staggered so that approximately one-third of the terms expire each year and said term shall begin January 1st of each year. Appointments to the board shall be limited to all businesses (on a business license basis) with an address between 73-040 through 73-999 El Paseo and adjoining streets located one hundred eighty feet south of El Paseo and one hundred fifty four feet north of El Paseo as defined in Section 3.40.010 of this code. Members of the board must be a proprietor, partner, or corporate officer of a member business, excepting that members may be a person holding an executive management position of a member entity if such member entity's headquarters are not located in the city of Palm Desert. No more than one individual from a business paying a single assessment may serve at the same time as a member of the board. D. Appointments. The city clerk shall forward all applications to the membership committee of the Board. The membership committee shall interview each applicant and report their findings to the board. The board shall vote on each applicant and by majority vote may recommend such person(s) to the city council to fill the vacant seat. E. Meetings. The board may meet monthly on a date, time, and place as set by Board resolution or minute order. The regular meeting in May shall be designated as the budget planning and annual meeting of the board. F. Removal. Any member who ceases to be a proprietor, partner, or corporate officer or a member business or any member who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the city of Palm Desert, shall automatically be removed as a member. G. Committees. Committees shall not have the authority of the board in the management of the association. The members of a committee shall be members of the association and the board shall appoint the members thereof. One member of each committee shall be elected chairperson by the members of the committee. Any members thereof may be removed by the board whenever, in their judgment, the best interests of the association shall be served. A member of the board shall be an advisory member of all committees. Each member of a City of Palm Desert, CA Downloaded from https://ecode360.com/PA4981 on 2024-08-29 365 (Ord. 1390 § 13, 2023) committee shall continue as such time as their successor is appointed, unless the committee is terminated sooner, or unless such member is removed from such committee, or unless such member shall cease to qualify as a member thereof. City of Palm Desert, CA § 3.40.070 § 3.40.070 Downloaded from https://ecode360.com/PA4981 on 2024-08-29 366 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Chris Escobedo, Assistant City Manager SUBJECT: RESOLUTION OF SUPPORT FOR PROPOSITION 36, MODIFYING EXISTING LAWS RELATED TO PUNISHMENT OF THEFT AND DRUG CRIMES RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PROPOSITION 36, WHICH MODIFIES EXISTING LAWS RELATED TO PUNISHMENT FOR THEFT AND DRUG CRIMES BY CREATING INCENTIVES FOR ADDICTION TREATMENT, TREATING FENTANYL LIKE OTHER DANGEROUS DRUGS, AND DISCOURAGING RETAIL THEFT.” BACKGROUND/ANALYSIS: In 2014, California voters passed Proposition 47, which reclassified certain non-violent property and drug offenses from felonies to misdemeanors. The intention was to reduce incarceration rates and allocate resources towards community services such as mental health and substance abuse treatment. However, some stakeholders argue that Proposition 47 has also led to unintended consequences, such as a reduction in the severity of punishments for offenses related to organized retail theft and the distribution of dangerous drugs. Proposition 36, scheduled to be on the statewide ballot on November 5, 2024, proposes several changes to the current legal framework: Reclassification of Certain Crimes: Proposition 36 allows for the reclassification of specific crimes from misdemeanors to felonies, particularly for individuals with repe ated theft offenses or those involved in the possession and distribution of certain drugs, including fentanyl. Retail Theft Provisions: The proposition includes measures to address organized retail theft by enhancing penalties for theft crimes involving gr oups of individuals or those with prior convictions. Treatment-Mandated Felonies: Proposition 36 introduces a new court process for individuals with multiple prior drug convictions. This process could allow for treatment - based alternatives to incarceration, with charges being dismissed upon successful completion of treatment programs. Fentanyl Classification: The proposition classifies fentanyl as a dangerous drug, similar to heroin and cocaine, and includes provisions for courts to warn individuals that th ey could face murder charges if their actions result in a fatal overdose. 367 City of Palm Desert Resolution of Support for Proposition 36 Page 2 of 2 Prop 36 is supported by the Riverside County Sheriff’s Department to assist in enforcement of crimes in the city of Palm Desert and Riverside County. Endorsing Proposition 36 aligns with the City of Palm Desert’s commitment to public safety, supporting local businesses, and promoting justice through appropriate penalties and rehabilitative opportunities. The City Council is invited to review the attached resolution and consider whether to endorse the proposition, weighing the potential impacts on public safety, local businesses, and the broader community. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The fiscal impact of Proposition 36 includes potential increases in state and local criminal justice costs. These could stem from: State-Level Costs: An increase in the state prison population and additional workload for courts, possibly resulting in costs ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local-Level Costs: Potential increases in county jail populations, community supervision requirements, and local court workloads, likely resulting in additional costs in th e tens of millions of dollars annually. The proposition could also reduce the amount the state is required to spend on services related to Proposition 47, such as mental health and drug treatment, by reversing some of the savings realized under that measure. ATTACHMENTS: 1. Draft Resolution 2. Legislative Analyst Office, Analysis of Proposition 36 368 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PROPOSITION 36, WHICH MODIFIES EXISTING LAW RELATED TO PUNISHMENT FOR THEFT AND DRUG CRIMES BY CREATING INCENTIVES FOR ADDICTION TREATMENT, TREATING FENTANYL LIKE OTHER DANGEROUS DRUGS, AND DISCOURAGING RETAIL THEFT WHEREAS, Proposition 47, approved by California voters in 2014, reduced the penalties for certain theft and drug crimes, classifying them as misdemeanors, which led to a decrease in the severity of punishments for these offenses; and WHEREAS, Proposition 36 seeks to reverse some of the changes made by Proposition 47 by reclassifying certain theft and drug crimes as felonies, particularly in cases involving repeated offenses or the sale of highly dangerous drugs like fentanyl, heroin, cocaine, or methamphetamine; and WHEREAS, Proposition 36 creates a new court process for some drug possession crimes, introducing the concept of a “treatment-mandated felony,” where individuals with multiple prior convictions for drug-related offenses may receive treatment options instead of incarceration, with the possibility of charges being dismissed upon successful completion of treatment; and WHEREAS, the proposed legislation would increase the p unishment for theft crimes involving organized groups or individuals with prior convictions, thereby aiming to address the growing issue of retail theft, which has negatively impacted businesses across the state, including those in our own community; and WHEREAS, Proposition 36 includes provisions to treat fentanyl as a highly dangerous drug, similar to heroin or cocaine, and mandates that courts warn individuals convicted of dealing in such drugs that they could face murder charges if someone dies as a result of their actions, thereby potentially reducing the risk of fatal drug overdoses in our community; and WHEREAS, the City of Palm Desert strives to protect the safety, health, and property of its residents and businesses, and the passage of Proposition 36 aligns with these goals by strengthening the penalties for dangerous criminal activities while providing opportunities for rehabilitation through treatment; and WHEREAS, the Legislative Analyst’s Office projects that Proposition 36 may increase state and local criminal justice costs, primarily due to an expected rise in prison populations and the workload for local courts and public defenders, but acknowledges that these costs could be offset by the potential reduction in crime rates as a result of the proposition's stricter penalties and treatment options; and 369 Resolution No. 2024-____ Page 2 WHEREAS, endorsing Proposition 36 supports the City's broader commitment to ensuring public safety, addressing substance abuse, and promoting justice within the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the City officially endorses Proposition 36 and encourages its passage in the upcoming statewide election on November 5, 2024. 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 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 _______________________, 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 370 November 5, 2024 Ballot Page 1 of 4 PROPOSITION 36 Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute. ANALYSIS OF MEASURE BACKGROUND Punishment Depends on Seriousness of Crime and Criminal History Punishment for Felonies. A felony is the most serious type of crime. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime. For example, murder can be punished by 15 years or more in prison. In contrast, selling drugs can be punished by up to five years in jail or prison, depending on the drug. Sentences can also be lengthened due to details of the crime. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Punishment for Misdemeanors. A misdemeanor is a less serious crime. Examples include assault and drug possession. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors. Sentences can be up to one year in jail. Proposition 47 Reduced Punishments for Some Theft and Drug Crimes In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors. For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors. PROPOSAL Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies. 371 November 5, 2024 Ballot Page 2 of 4 Increases Punishment for Some Theft and Drug Crimes Proposition 36 increases punishment for some theft and drug crimes in three ways: •Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47. •Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together. •Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison. Creates New Court Process for Some Drug Possession Crimes Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47. Requires Warning of Possible Murder Charges for Selling or Providing Drugs Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies. FISCAL EFFECTS Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make. Increases State Criminal Justice Costs. Proposition 36 would increase state criminal justice costs in two main ways. •Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.) 372 November 5, 2024 Ballot Page 3 of 4 •Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload. In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget. (The General Fund is the account the state uses to pay for most public services, including education, health care, and prisons.) Increases Local Criminal Justice Costs. Proposition 36 would increase local criminal justice costs in two main ways. •Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.) •Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments). In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually. Reduces Amount State Must Spend on Certain Services. Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year. By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually. Other Fiscal Impacts. Proposition 36 could have other fiscal effects on the state and local governments. For example, if the increased punishments or mandated treatment reduce crime, some state and local criminal justice costs could be avoided. However, it is unknown if these or other effects would occur. 373 November 5, 2024 Ballot Page 4 of 4 YES/NO STATEMENT A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison. A NO vote on this measure means: Punishment for drug and theft crimes would remain the same. SUMMARY OF LEGISLATIVE ANALYST ’S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT •Increased state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually, primarily due to an increase in the prison population. •Increased local criminal justice costs, likely in the tens of millions of dollars annually, primarily due to county jail, community supervision, and court-mandated mental health and drug treatment workload. BALLOT LABEL Fiscal Impact: State criminal justice costs likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely in the tens of millions of dollars annually. 374 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Bassam AL-Beitawi, Senior Project Manager Randy Chavez, Deputy Public Works Director SUBJECT: AWARD A CONTRACT TO UNITED STORM WATER INC., FOR THE ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM (PROJECT NO. MDR00004) RECOMMENDATION: 1. Award a contract to United Storm Water, Inc., for the On-Call Catch Basin and Drain Cleaning Program in an amount not to exceed $309,317 for the first year and $175,321 annually thereafter for a three-year term, with two one-year extensions. 2. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: To ensure the safety and functionality of City-owned catch basins and drains, the City of Palm Desert (City) contracts annually for their cleaning and maintenance. This regular upkeep is essential for preventing sediment and debris acc umulation, which can block storm drains and lead to flooding. By frequently removing this material, the City reduces unpleasant odors, minimizes contamination in receiving waters, and complies with certain requirements of the City's NPDES (National Pollutant Discharge Elimination System) permit. As part of this commitment, on June 16, 2024, the City released a Request for Proposal (RFP) for the On-Call Catch Basin and Drain Cleaning Program (Program). This scope of work covers the cleaning of 820 catch basins and 110 under-sidewalk drains annually. In addition, the Program includes the fabrication and installation of 139 connector pipe screen (CPS) units, as required by the NPDES permit. These CPS units are designed to capture trash and debris while allowing water to flow into the storm drain system, ultimately protecting the Whitewater River Channel. The installation of these CPS units will complete the equipping of all catch basins in Palm Desert. The City received two proposals by the deadline of August 15, 2024. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and performance, comments by references, and fee proposal (range of costs). The companies submitting proposals include: 375 City of Palm Desert Catch Basin and Drain Cleaning Program Page 2 of 2 Company Location Year 1 * Year 2-5 United Storm Water, Inc. Industry, CA $309,317 $175,321 Downstream Services, Inc. Escondido, CA $554,340 $307,893 * The 139 CPS units are proposed to be installed in Year 1 at a one-time cost of $133,996. A Selection Committee comprising of two staff members from the Public Works Department reviewed the proposals. Following an evaluation, the Committee proposes awarding a contract to United Storm Water, Inc., (Contractor) for on-call services. The Contractor demonstrated conformance with the RFP by providing the content in the format identified in the RFP. Furthermore, they provided the most competitive pricing, with rates favorable compared to the other vendor. In addition, staff conducted a reference check on the Contractor, receiving commendable feedback on their past performance, including their responsiveness, work quality, and communication with their clients. Lastly, the Contractor received the contract last fiscal year and provided satisfactory services. 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 2024 /25 includes an annual amount of $385,000 under two accounts for the Program. The table below lists the budget programmed for FY 2024/25: Program Account Budget Catch Basin & Inlet Modifications 2114311-4333200 $110,000 Catch Basin & Inlet Modifications 4204314-4333200 $275,000 Total: $385,000 Staff will budget accordingly during the annual budget approval process for future years and expenditures will be contingent upon budget approval; therefore, there is no further financial impact to the general fund. ATTACHMENTS: 1. Agreement 2. Payment and Performance Bonds 3. Proposal 376 Contract No. ___________ 1 Revised 07-2023 BBK 72500.00001\32374943.1 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 12th day of September, 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 UNITED STORM WATER, a Corporation, with its principal place of business at 14000 EAST VALLEY BOULEVARD, INDUSTRY, CA 91746 ("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 Catch Basin and Drain Cleaning Program (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 September 12, 2024, to June 30, 2027, 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 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 377 Contract No. ___________ 2 Revised 07-2023 BBK 72500.00001\32374943.1 means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Bassam AL-Beitawi, Senior Project Manager, 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 RAMON MENJIVAR, 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. 378 Contract No. ___________ 3 Revised 07-2023 BBK 72500.00001\32374943.1 Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub - subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 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 379 Contract No. ___________ 4 Revised 07-2023 BBK 72500.00001\32374943.1 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each 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 380 Contract No. ___________ 5 Revised 07-2023 BBK 72500.00001\32374943.1 circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (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 381 Contract No. ___________ 6 Revised 07-2023 BBK 72500.00001\32374943.1 property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (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 382 Contract No. ___________ 7 Revised 07-2023 BBK 72500.00001\32374943.1 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. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub- consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (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 383 Contract No. ___________ 8 Revised 07-2023 BBK 72500.00001\32374943.1 work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with 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 384 Contract No. ___________ 9 Revised 07-2023 BBK 72500.00001\32374943.1 created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance 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 385 Contract No. ___________ 10 Revised 07-2023 BBK 72500.00001\32374943.1 to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED NINE THOUSAND SEVENTEEN Dollars ($309,317) for the first year and ONE HUNDRED SEVENTY-FIVE THOUSAND THREE HUNDRED TWENTY-ONE Dollars ($175,321) thereafter annually without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 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. 386 Contract No. ___________ 11 Revised 07-2023 BBK 72500.00001\32374943.1 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 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. 387 Contract No. ___________ 12 Revised 07-2023 BBK 72500.00001\32374943.1 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: UNITED STORM WATER, INC. 1400 EAST VALLEY BOULEVARD INDUSTRY, CA 91746-2801 ATTN: RAMON MENJIVAR, SALES MANAGER City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: BASSAM AL-BEITAWI, PUBLIC WORKS Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 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, 388 Contract No. ___________ 13 Revised 07-2023 BBK 72500.00001\32374943.1 volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, 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. 389 Contract No. ___________ 14 Revised 07-2023 BBK 72500.00001\32374943.1 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 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] 390 Contract No. ___________ Revised 07-2023 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND UNITED STORM WATER, 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 UNITED STORM WATER, A CORPORATION By: Eduardo C. Perry President By: Daniel C. Perry Vice President Contractor’s License Number and Classification DIR Registration Number (if applicable) City Clerk QC: ________ Contracts QC: ________ Insurance: ___________ Initial Review ____________ Final Approval Bonds: ________ 391 Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES The Contractor shall provide all labor, materials, equipment, tools, utility services, and transportation necessary to complete the work. Scope of Services: 1. Catch Basin Cleaning: Cleaning of 820 catch basins. 2. Drain Pipe Cleaning: Cleaning of 110 under-sidewalk drains. 3. Fabrication and Installation of CPS Units: Manufacture and installation of 139 connector pipe screen (CPS) units to capture trash and debris and ensure compliance with NPDES permit requirements. 4. Other Tasks: o Mobilization o Traffic Control 392 Contract No. ___________ Exhibit “B” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT “B” SCHEDULE OF SERVICES A Draft Schedule for the first contract year of tasks is based on the assumptions shown below. Additional crews may be added to accommodate any expedited City schedule needs: Cleaning Operations - (2) 2-Man crews; approximately 14 workdays to complete CPS Installation - (1) 2-Man crew; approximately 7 workdays to complete Cleaning services will be performed using industrial vacuum and the work includes removal of debris, traffic control, laboratory analysis, disposal of the extracted waste, and documentation (photos and inspection/cleaning reports). The under-sidewalk drains will be hydro jetted as needed for cleaning, and all wastewater will be collected and properly disposed of. During service events catch basins that are retrofitted with CPS devices will be inspected to verify their condition. At this time United will immediately report evidence of illegal discharges or illicit connections to any storm drain system being serviced to the City via telephone and a follow-up email. The term of this Agreement shall be from September 12, 2024, to June 30, 2027, 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 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. 393 Contract No. ___________ Exhibit “C” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT “C” COMPENSATION YEAR 1 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00 2 Traffic Control 1 EA $1.00 $1.00 3 Clean Catch Basin 820 EA $166.00 $136,120.00 4 Clean Under Sidewalk Drains 110 EA $220.00 $24,200.00 5 Fabricate & Install CPS Unit 139 EA $996.00 $133,996.00 Total: $309,317.00 YEAR 2-5 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00 2 Traffic Control 1 EA $1.00 $1.00 3 Clean Catch Basin 820 EA $166.00 $136,120.00 4 Clean Under Sidewalk Drains 110 EA $220.00 $24,200.00 Total: $175,321.00 394 Contract No. ___________ Exhibit “C” Revised 11-2-20 BBK 72500.00001\32374915.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to United Storm Water, Inc., (hereinafter referred to as the “Contractor”) an agreement for On- Call Catch Basin and Drain Cleaning Program (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 September 12, 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, United Storm Water, 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 sum of Three Hundred Nine Thousand Three Hundred Seventy Dollars, ($309,317.00) for the first year and One Hundred Seventy-Five Three Hundred Twenty-One Thousand Dollars, ($175,321) thereafter annually, 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 395 Contract No. ___________ (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, Califor nia 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] 396 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 Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 397 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 398 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 399 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 September 12, 2024, has awarded to United Storm Water, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: On-Call Catch Basin and Drain Cleaning Program (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 September 12, 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 sum of Three Hundred Nine Thousand Three Hundred Seventy Dollars, ($309,317.00) for the first year and thereafter annually One Hundred Seventy-Five Thousand Three Hundred Twenty-One Dollars, ($175,321) 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 400 Contract No. ___________ modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any s uch 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] 401 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 Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 402 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 403 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 404 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 1 of 17 REQUEST FOR PROPOAL ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM RFP No. MDR00004 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Submitted by 14000 E. Valley Blvd. City of Industry, CA 91746 Ramon Menjivar Sales Manager 626/ 961-9326 Office 626/ 434-6285 Fax 626/ 890-7104 Cell ramon@unitedstormwater.com Bid Opening Date: August 15, 2024 @ 4:00 PM 405 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 2 of 17 SECTION A: COVER LETTER August 15, 2024 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: RFP No. MDR00004- On-Call Catch Basin & Drainage Cleaning Program To whom is may concern, United Storm Water, Inc. (United) is pleased to submit the enclosed response to the RFP for On-Call Catch Basin and Drainage Cleaning. United offers quality services that aid public agencies to remain in compliance with local and state storm water regulations in a professional and workmanlike manner. 1. Introduction of Firm and Qualifications Contractor Information Legal Name United Storm Water, Inc. Address 14000 E. Valley Blvd., City of Industry, CA 91746 Legal Form of Company S-Corporation Year Incorporated 1999 (25 years) California Corporation No. C2155753 Tax Identification No. 95-4742126 DIR Registration No. 1000012438 Contractor License No. 768583 (A, HAZ, C21, C27, C31, C42) DBE Designation Minority Business Enterprise (MBE) United Storm Water is a Class A Contractor founded in 1999 having demonstrated experience and expertise in storm water maintenance and BMP fabrication and installation. United holds the licenses and permits required for fulfillment of the contract and have successfully provided these services to numerous public agencies throughout California including the City of Palm Desert (2018, 2022-2023). 406 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 3 of 17 Additionaly, United Storm Water is the Water Board Certified Connector Pipe Screen (CPS) manufacturer who installed its devices in the City of Palm Desert in 2022- 2023. Qualifications United meets and exceeds the minimum qualifications identified in the bid specifications: Have (25) years of experience performing general maintenance and cleaning services of catch basins, storm drain structures, and open channels. Have performed maintenance of CPS devices since they were invented. Possess a Class A California contractor’s license including the following specialty licenses: o HAZ- Hazardous Substance Removal o C21- Demolition o C27- Landscaping o C31- Traffic Control o C42- Sanitation System Employ qualified personnel who have prerequisite knowledge and experience with the work at hand, and have performed the subject services for the City of Palm Desert for numerous years under contract. Have at least (3) satisfactory references for similar services within the past (3) years AND have performed satisfactory work for the City in the past. Meet the insurance requirements detailed in the RFP document. Complete all projects on time and within budget and have NEVER defaulted on any service contract. United Storm Water is an experienced manufacturer and installer of its own Water Board certified CPS devices. 2. Executive Summary United will commit all necessary resources required to concurrently inspect and clean approximatley (820) catch basins and (110) under sidewalk drains yearly, and will fabricate and install approximately (139) CPS devices over a 3-year period. Cleaning operations can be completed in approximatley (14) work days utilizing (2) 2-man crews, and CPS installations can be completed in approximately (7) work 407 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 4 of 17 days utilizing (1) 2-man crew. Additonal crews may be added to accommodate expedited City schedule needs. Cleaning services will be performed using industrial vacuum. The under sidewalk drains will be hydrojetted as needed for cleaning, and all waste water will be collected and properly disposed of. The work includes removal of debris, traffic control, laboratory analysis, dsposal of the extracted waste, and documentation (photos and inspection/cleaning reports). United Storm Water has sufficient manpower and equipment necessary to execute all services requested under this RFP utilizing its own forces except its sister company, United Pumping Service, will be subcontracted for transportation and disposal. The United family of companies work out of the same office building and fleet terminal located in the City of Industry, California. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and prevailing wage rates apply. A sample cleanin and installation schedule is included with this proposal as Exhibi A, and actual dates will be directed and approved by the City. The term of the agreement is (5) years. The Cost Propoal provided in OpenGov shall remain fixed for the 5-year contract term for line items 1 through 4. For line item 5 (CPS installation) rates will remain fixed for the first (3) years of the contract term only due to the fluctuation in the cost of stainless steel. Pricing for any CPS installations requested after the third contract year will be negotiated per a change order. 3. Contact Information The following individuals are authorized to negotiate Agreement terms and compensation: Contractor Information President Eduardo C. Perry, Jr. Address 14000 E. Valley Blvd., City of Industry, CA 91746 Email edperry@unitedpumping.com Phone (626) 961-9326 Secretary/Treasurer Lydia Perry Address 14000 E. Valley Blvd., City of Industry, CA 91746 Email lydia@unitedstormwater.com Phone (626) 890-7078 408 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 5 of 17 United Storm Water is a firm who is a forerunner in its industry and is always evolving to provide leading edge solutions at the best price. We look forward to the possibility of continuing to serve the City of Palm Desert above and beyond its expectations. Please contact me should you require any additional information as part of the evaluation process. Thank you for your consideration of our proposal! Sincerely, Lydia Perry, Secretary/Treasurer 409 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 6 of 17 SECTION B: EXPERIENCE AND TECHNCAL COMPETENCE 1. Background Information United Storm Water (United) has been in business since 1999 (25 years) and was incorporated by the owners of United Pumping Service who has been among the forerunners in hazardous waste transportation since 1970 (54 years). United Pumping Service, was the original firm who was contracted by Los Angeles County in 1998 to design and implement what was at the time the largest storm water remediation project in the United States when (15) cities were sued for noncompliance with the Clean Water Act. United Pumping Service’s original storm water division was so successful and determined to lead the industry with storm water solutions, that there was a high need for the establishment of a specialized company, hence the beginning of United Storm Water. These family owned and operated Minority Business Enterprises (MBEs) are experts in their fields, and are true pioneers in storm water management and environmental remediation. a) Capabilities United Storm Water is a qualified firm having demonstrated experience and expertise including but not limited to: o Storm Drain Inspection and Monitoring o Trash Quantification o Curb Stenciling o Conveyance System Maintenance o Channel Cleaning o Pump House and Lift Station Cleaning o Sand Filter Maintenance o Fabrication and Installation of LA County ad Water Board Approved BMPs (Filter Inserts, Automatic Retractable Screens, Connector Pipe Screens) o Certified Contech Maintenance Provider CDS 410 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 7 of 17 Filterra StormFilter Jelly Fish Filter Vortechs o Hazardous Waste Removal o Pond Maintenance o COVID-19 Sanitizing Services o 24-Hour Emergency Response b) Licensing and Permits United Storm Water is a general engineering contractor with the proper licenses, permits, qualifications, and approvals to perform the scope of work including: o California Contractor’s Board License Number: 768583 A – General Engineering HAZ - Hazardous Substance Removal and Remedial Actions Contractor C21 – Building Moving/Demolition Contractor C27 – Landscaping Contractor C31 – Construction Zone Traffic Control Contractor C42 – Sanitation System Contractor o EPA Identification Number: CAR000064931 o Department of Toxic Substance Control Hazardous Waste Transporter Registration Number: 4034 o California Department of Motor Vehicles Motor Carrier Permit Number: 0203159 o California Highway Patrol - Hazardous Materials Transportation License Control Number: 132487 o US DOT Hazardous Materials Certificate of Registration: HM Company ID 526397 o Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: USWDW1 c) Demonstrated Experience United Storm Water has successfully performed services of a similar size and nature to that described in the RFP for numerous public agencies for (25) years including the City of Palm Desert (2018, 2022-2023). The most challenging and complex storm drain maintenance project that United Storm Water has participated in is for Caltrans District 7 where the United family 411 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 8 of 17 of companies has provided services over various contract periods since 1998. United is required to field a minimum of (1) 4-man day crew and (6) 4-man night crews (approximately 30 people total on the night crew including Supervisors and Managers), for cleaning (8,500) catch basins within (75) work days. This work requires the activation of over (300) static lane closures on highways. The largest individual catch basin retrofit project that United Storm Water has participated in was as a subcontractor for the Gateway Retrofit Project where United cleaned and retrofitted some 13,000 catch basins with Connector Pipe Screen devices for (15) cities located within the Gateway Region of Los Angeles County. 2. References References for whom United Storm Water has provided comparable services are provided below. Additional references are available upon request: Reference 1 Company City of Dana Point Address 33282 Golden Lantern, Dana Point, CA 92629 Contact Name Lisa Zawaski Phone Number (949) 248-3584 Email Address lzawaski@DanaPoint.org Project Name Storm Water Best Management Practices (BMP) Maintenance Services & As-Needed Spill Response Project Description Cleanout of approximately four hundred twenty (420) catch basins and eight (8) CDS units including as needed storm drain cleaning three times yearly. Approx. $ 350,000/yr. Duration of Project 2018 – 2023; 2000 - 2017 Reference 2 Company City of Ontario Address 303 East “B” Street, Ontario, CA 91764 Contact Name Casey Cameron Phone Number (909) 241-5467 Email Address CCameron@ontarioca.gov Project Name Storm Drain Maintenance Project Description Cleanout of approximately one thousand, seven hundred (1,700) catch basins as well as storm drain pipe cleaning (12,000 lf) yearly over various contract; and installation of CPS devices over various contract periods. Approx. $1,698,434 total sales revenues for the period shown below. Duration of Project 2019-Ongoing; 2013-2017 Reference 3 Company City of Palm Desert Address 73-510 Fred Waring Dr., Palm Desert, CA 92260 Contact Name Neal Ennis Phone Number (760) 776-6450 412 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 9 of 17 Email Address nennis@palmdesert.gov Project Name Catch Basin and Drain Cleaning Project Project Description Cleanout of approximately eight hundred twenty (820) catch basins and approximately one hundred ten (110) under sidewalk drains as well as the installation of approximately sixty (60) CPS units. Approx. $447,631 total sales revenues for the period shown below. Duration of Project 2018; 2022 - 2023 Reference 4 Company City of Tustin Address 300 Centennial Way, Tustin, CA 92790 Contact Name Alex Waite Phone Number (714) 573-3151 Email Address AWaite@tustinca.org Project Name Catch Basin Inspection, Cleaning, and Catch Basin BMP Maintenance Program Project Description Cleanout of approximately one thousand two hundred (1,200) catch basins two to three times yearly including installation of storm drain BMP devices as needed. Approx. $ 287,000/yr. Duration of Project 2018 – Ongoing; 2003 - 2017 SECTION C: FIRM STAFFING AND KEY PERSONNEL 1. Staffing United Storm Water and its sister company, United Pumping Service, share the same 8-acre property in the City of Industry that houses a large corporate office and fleet yard. Together they have effectively planned, managed, and delivered the professional, reliable, and innovative services that their customers deserve. All of United’s employees are on-call 24-hours and its field staff is comprised of 35 Drivers, 50 Supervisors and Technicians, and 10 Project Managers. 413 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 10 of 17 Staffing for performance of services will be as follows, and additional crews can be added to accomodate any expedited City schedule needs: o Cleaning Operations—(2) 2-Man crews consisting of (1) Lead Technician and (1) Assiting Technician o CPS Installation—(1) 2-Man crew consisting of (1) Lead Technician and (1) Assiting Technician 2. Key Personnel United Storm Water has all of the manpower and resources in place for providing reliable services as required by this RFP. Key personel that will be principally responsible for working with the City are as follows: o Dedicated Project Manager— Ramon Menjivar o Alternate Project Manager— Cesar Garcia o Environmental Health & Safety Manager— Marisa Bishop o Field Supervisors/Inspectors— Aron Angulo, Luis Juarez, Jose Ponce o Field Technicians & Drivers—Various, to be determined 3. Team Organization a) Dedicated Project Manager, Ramon Menjivar (Mobile 626/890-7074) There will be one Project Manager, Ramon Menjivar, assigned to the contract who will be on-call 24-hours, and service staff that has experience working on previous storm drain maintenance contracts held with the City of Palm Desert will be utilized for efficient performance of services. Mr. Menjivar will have full responsibility for the contract and will coordinate with the City, and all other project team members to fulfill service requests. As the Project Manager responsible for the execution of United’s previous storm drain maintenance contracts with the City of Palm Desert, Ramon is thoroughly familiar with the City’s storm drain system, protocols, and expectations. Mr. Menjivar’s involvement in the management of this project will be key to its success and he is always on-call 24-hours. b) Alternate Project Manager, Cesar Garcia (Mobile 626/419-0256) Mr. Garcia will serve as an alternate Project Manager for this contract in the absence of Mr. Menjivar, and has first-hand experience providing storm drain maintenance services under United’s previous contracts with various public agencies. Mr. Garcia will be on-call 24-hours in the absence of Mr. Menjivar. 414 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 11 of 17 c) Env. Health & Safety Manager, Marisa Bishop (Mobile 626/347-6058) United employs a full-time Environmental Health and Safety (EHS) Manager, Marisa Bishop, who addresses the protocol that is followed by its employees to ensure a healthy and safe work environment including: o Conducting and enforcing a company safety program o Planning and tracking employee safety training o Developing Site Health and Safety Plans o Conducting field safety inspections o Tracking employee accident and health exposures o Maintaining permits with regulatory agencies o Preparing for compliance audits Mrs. Bishop’s daily responsibilities are to improve the quality of safety and environmental management processes by following established regulations, policies, standards, and practices. Mrs. Bishop is always on-call 24-hours. d) Field Supervisor, Aron Angulo Field Supervisor, Luis Juarez Field Supervisor, Jose Ponce There will be a Field Supervisor (Aron Angulo, Luis Juarez and or Jose Ponce) assigned to this project who will oversee all services rendered to the City. The Field Supervisor will ensure compliance with all applicable laws and regulations, and will coordinate with United’s Project Manager to ensure that all City needs are satisfied, and will approve or reject the work performed and methods used. These trained and experienced Field Supervisors will oversee all storm drain maintenance and CPS installation procedures. Having performed this work for multiple public agencies over the past (17) to (18) years, they are thoroughly familiar with municipal storm drain systems as well as the protocols and expectations required by public agencies. All Field Supervisors are always on- call 24-hours. e) Field Technicians & Drivers Our highly experienced, professional service staff are trained and medically monitored in accordance with OSHA and Cal/OSHA standards—Title 29 CFR 1910.120 (hazardous waste operations and emergency response); 1910.132 (personal protective equipment); 1910.1030 (bloodborne pathogens); 1910.134 (respiratory protection); and 1910.1200 (hazard communication) including: o 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses o 30-Hour OSHA Training in Construction Safety & Health 415 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 12 of 17 o 8-Hour Hazardous Materials First Responder Decontamination Training o Completion of e-RAILSAFE System Program & Background Check o Traffic Control Training Per Caltrans Chapter 8 Standards o Confined Space Entry Training o Confined Space Rescue Training o DOT HM-126F, HM-180 & HM-181 o Bloodborne Pathogens Training o Medical Surveillance Program o O.M.V. & D.O.T. Drug & Driving Record Programs o CPR & First Aid Training o LiveScan (Required by Transportation Security Administration) f) Administrative Personnel United’s administrative personnel have firsthand experience with developing and maintaining databases required for projects using MSExcel, MSAccess, and Primavera software. They efficiently and accurately perform data entry and prepare reports for all the contracts that are managed by our firm. 4. Subcontractor, United Pumping Service, Inc. United Storm Water’s sister company, United Pumping Service, will be subcontracted for transportation and disposal of the extracted waste. The United family of companies work out of the same office building and fleet terminal located in the City of Industry, California, allowing them to provide seamless services to their clients. Below is a summary of the qualifications and experience of United Pumping Service: Have (54) years of experience performing environmental remediation services for public and private entities throughout the state of California. Hold an active Class A California contractor’s license including the following specialty licenses: o HAZ- Hazardous Substance Removal o C21- Demolition o C31- Traffic Control o C42- Sanitation System As the 63rd licensed transporter in California, United Pumping Service is the oldest licensed emergency response / hazardous waste transporter in the state: o EPA Identification Number: CAD072953771 416 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 13 of 17 o California Department of Motor Vehicles Motor Carrier Permit Number: 0001024 o California Department of Food and Agriculture-Inedible Kitchen Grease Transporter Commercial Registration Number: IKC-10108 o Department of Toxic Substance Control Hazardous Waste Transporter Registration Number: 0063 o California Highway Patrol - Hazardous Materials Transportation License Number: 27388 o US DOT Hazardous Materials Certificate of Registration: HM Company ID 1660 o Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: UPSDW1 o SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 576918 o OSHA Trench and/or Excavation Permit Number: 2024-904435 o California Department of Health Services Trauma Scene Waste Management Practitioner Number: 079 SECTION D: PROPOSED METHOD TO ACCOMPLISH THE WORK 1. Commitment of Service United Storm Water will commit all necessary resources required to concurrently inspect and clean approximatley (820) catch basins and (110) under sidewalk drains yearly, and will fabricate and install approximately (139) CPS devices over a 3-year period. A Draft Schedule for the first contract year of tasks is attached as Exhibit A based on the assumptions shown below. Additional crews may be added to accomodate any expedited City schedule needs: o Cleaning Operations—(2) 2-Man crews; approximately 14 work days to complete o CPS Installation—(1) 2-Man crew; approximately 7 work days to complete Cleaning services will be performed using industrial vacuum and the work includes removal of debris, traffic control, laboratory analysis, dsposal of the extracted waste, and documentation (photos and inspection/cleaning reports). The under sidewalk drains will be hydrojetted as needed for cleaning, and all waste water will be collected and properly disposed of. 417 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 14 of 17 During service events catch basins that are retrofitted with CPS devices will be inspected to verify their condition. At this time United will immediately report evidence of illegal discharges or illicit connections to any storm drain system being serviced to the City via telephone and a follow-up email. 2. Methods and Controls The following is a proposed outline of activities that will be undertaken for executing this project: Project Activity Proposed Staff Member to Perform Activity 1. Submit W-9 Form Administrative Personnel 2. Submit Insurance Administrative Personnel 3. Attend Contract Kick-Off Meeting Key Personnel 4. Obtain Storm Drain Information from City Representative Project Manager, Ramon Menjivar 5. Meet With City Representative Regarding the Prioritized Schedule Project Manager, Ramon Menjivar 6. Perform Project Planning Project Manager, Ramon Menjivar; and Operations Manager, Dana De Guzman 7. Submit Work Schedule to City Representative Project Manager, Ramon Menjivar 8. Conduct Field Tailgate Meeting Project Manager, Ramon Menjivar 9. Perform Service Requests Service Staff 10. Perform Quality Assurance During Service Requests Field Supervisor 11. Collect & Compile Required Documentation Operations Manager, Dana De Guzman; and Administrative Personnel 12. Provide Required Documentation to City Representative Project Manager, Ramon Menjivar 13. Obtain City Representative Approval of Services Performed Project Manager, Ramon Menjivar 14. Submit Invoicing Project Manager, Ramon Menjivar a) Permits United will obtain the project required business-, encroachment- and traffic control permits. All other project related licenses and certifications required for the lawful execution of the contract are already in place. 418 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 15 of 17 b) Equipment All catch basin cleaning will be performed utilizing industrial Vactron trucks , and the under sidewalk drains will additionaly require the use of hydrojetting equipment. United will provide confined space entry equipment as needed at each site. Confined space entry equipment will include at a minimum an air monitor, air blower (if existing ventilation is insufficient), parachute harness, safety harness, and a tripod man lift hoisting device for lifting employees out of the space. c) Protocol All work will be performed in a timely manner per a schedule and route that has been pre-approved by the City Representative. United’s Project Manager will ensure that all City needs are satisfied, and will approve or reject the work performed and methods used. Personnel are safety watch trained in first aid and cardiopulmonary resuscitation (CPR) with effective means of communication between employees inside a confined space and cell phones will be onsite. A Site Health and Safety Plan will be reviewed and signed by all crew members acknowledging compliance while working at the site. A Confined Space Entry Permit will be completed for each permit required site where entry is required. Work will be performed in a manner that abides by all OSHA, and City safety codes, policies, and procedures as well as all local, state, and federal environmental and storm water regulations. All waste water generated from hydrojetting procedures will be collected and properly disposed of. No discharges of any material will be allowed to enter the storm water conveyance system and United’s service staff will be equipped with appropriate spill kits in the event of any accidental release or spill. Should an accidental non-permitted discharge occur United will immediately contain and clean the release and inform the City Representative. During service operations if chemicals or hazardous waste are found the City Representative will be notified immediately, and he/she will determine how the situation will be addressed. d) Waste Profiling and Disposal Samples of the extracted waste will be obtained and analyzed by an ELAP certified laboratory. The corresponding laboratory report will be submitted to a local disposal facility along with waste profile forms. Customer waste profiles will be tracked internally and will be rushed through disposal facility waste acceptance procedures as needed. 419 14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com Page 16 of 17 The extracted waste will be transported for disposal to an appropriate disposal facility located closest to the City based on laboratory findings. The customer will thereafter receive copies of all waste shipment related documentation (lab analysis, waste profile, shipping documents, weight tickets). e)Quality Control United Storm Water will perform all work under this contract, taking necessary steps and precautions to ensure that services meet the satisfaction of the City. United will provide a professional quality of services, technical assurance, and all work will be performed diligently, carefully, and in a good and workman-like manner. To this end all work will be reviewed for quality assurance prior to submitting deliverables, and any errors will be corrected. Additionally, United’s Project Manager will assign a Field Supervisor who will oversee all operations. The Supervisor will ensure compliance with all applicable laws (federal, state, and local), ordinances and regulations, and will coordinate with the Project Manager to ensure that all City needs are satisfied and that documentation is accurate. f)Preventative Maintenance In order to minimize the occurrence of emergencies during rain events, United will inspect and maintain the City’s storm drain system per its approved schedule in a professional and environmentally conscious manner. The goal at all times will be to maintain the storm drain system such that it functions as designed, thereby minimizing harm to residents and damage to property during rain events. This will be achieved by identifying issues before they become a problem, providing timely response during rain events and emergencies, and providing recommendations for improvement of the City’s formal storm drain maintenance program. All storm drain systems require scheduled routine maintenance to ensure that they operate as designed. Should field inspections determine that any maintenance schedule is inadequate, findings will be collected, tracked and reported to the City Representative and the schedule will be adjusted to best suit the needs of the City from both environmental and economic standpoints. At this time any “trouble drains” will also be identified to assist the City in researching and resolving any issues that may have the potential for causing flooding during a major storm event. Field inspections will also include a survey of the City’s existing BMP devices. As a fabricator and installer of partial and full trash capture devices, United Storm Water has the ability to repair or replace existing BMPs, and to make recommendations for installation of additional custom devices as needed. 420 COST PROPOSAL YEAR 1 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00 2 Traffic Control 1 EA $1.00 $1.00 3 Clean Catch Basin 820 EA $166.00 $136,120.00 4 Clean Under Sidewalk Drains 110 EA $220.00 $24,200.00 5 Fabricate & Install CPS Unit 139 EA $996.00 $133,996.00 Total: $309,317.00 YEAR 2-5 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00 2 Traffic Control 1 EA $1.00 $1.00 3 Clean Catch Basin 820 EA $166.00 $136,120.00 4 Clean Under Sidewalk Drains 110 EA $220.00 $24,200.00 Total: $175,321.00 421 422 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Richard D. Cannone, AICP, Director of Development Services SUBJECT: AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE FEES TO BE PAID BY CUSTOMER RECOMMENDATION: Amend the Electronic Payment Policy (Policy FIN-001) allowing convenience fees to be paid by customer. BACKGROUND/ANALYSIS: On April 13, 2017, the City Council adopted Resolution No. 2017-35, authorizing the acceptance of electronic payments, including credit and debit cards, for City-imposed fees, charges, fines, permits, and licenses. The resolution also granted the City Manager authority to establish policies and procedures regarding the acceptance of electronic payments, which was formalized in Policy FIN-001 (Electronic Payment Policy). Policy FIN-001, established through Resolution No. 2017-35, stipulates that if the City Manager determines that the cost of providing electronic payment options cannot be covered through increased user fees or offset by internal cost savings, the City Manager, with City Council approval, may assess a "convenience fee" or service fee. This fee may also be administered by a third party. On November 17, 2022, the City Council approved an amendment to Policy FIN-001 to allow an electronic payment option through Deckard Technologies for Short Term Rental (STR) Transient Occupant Tax (TOT) payments, with convenience fees borne by the STR owners who choose to use the online payment portal. Last fiscal year, 48% of the STR permit holders who do not have their TOT collected through Airbnb opted to remit their TOT payments electronically and pay the associated convenience fee. TOT Payment Amount Total STR TOT Collected $ 2.7 million Airbnb lump sum TOT payment $ 1.7 million All other TOT payments $ 1.0 million TOT paid electronically $ 480,000 (48%) Approximately 99.5% of all credit card payments are processed through the Development Services Department, with a convenience fee charge of around 3% for credit card transactions. Below is a summary of the convenience fees paid by the City over the last five fiscal years: 423 City of Palm Desert Electronic Payment Policy – Convenience Fees Page 2 of 2 Fiscal Year Convenience Fees Paid 2019-2020 $ 20,251 2020-2021 $ 51,291 2021-2022 $ 60,246 2022-2023 $ 81,840 2023-2024 $ 48,157 Staff recommends that the convenience fee for all online payments be borne by the customer if they choose to pay electronically. This change would align with the 2022 policy update for STR TOT payments and ensure that the City does not bear the significant cost of processing electronic payments. Additionally, implementing this change would create a uniform policy for all electronic payments, reducing confusion and administrative complexity. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: Reduces the financial burden (lost revenue) on the City by passing the convenience fee onto customers who opt for electronic payment methods. 424 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING RECOMMENDATION: Provide direction on whether to support or oppose the resolution proposed for the upcoming League of California Cities’ General Assembly Meeting. BACKGROUND/ANALYSIS: Each year, the League of California Cities (“Cal Cities”) accepts resolutions from member cities and elected officials on issues of importance to municipalities. The resolutions are reviewed by the appropriate policy committees, and their recommendations are presented at the General Assembly meeting, scheduled for Friday, October 18, 2024. The voting delegates in attendance at the General Assembly meeting will make the final determination on the resolutions. This year, one resolution has been introduced for consideration by the Cal Cities’ General Assembly. It is important that the City be represented at the Cal Cities’ General Assembly meeting to vote on the proposed resolution(s) in accordance with City Council direction. Cal Cities encourages each City Council to consider the resolution(s) so that the voting delegate can accurately represent the City’s position. On December 14, 2023, the City Council designated Councilmember Trubee and Mayor Quintanilla to serve as the City’s voting delegate and alternate voting delegate, respectively. Supporting Cal Cities’ resolution(s) does not commit cities to adopt or implement any Cal Cities positions in their local communities. Proposed Resolution The Cal Cities’ resolution packet, which includes the full text of each resolution, is attached for City Council consideration. Below is a summary of the resolution. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL LEVELS IN THE STATE OF CALIFORNIA This Resolution, brought forth to Cal Cities in response to concerns about the perceived unequal treatment of local and state governmental officials under current California law, seeks to address the discrepancy where certain laws and regulations apply solely to local officials but not to state legislators. This issue has been raised by city officials who believe that the current legal 425 City of Palm Desert 2024 Cal Cities Resolution Packet Page 2 of 2 framework places an unfair burden on local government officials compared to their state counterparts. The end goal of this Resolution is to ensure fairness and equal treatment across all levels of government. Specifically, it proposes that Cal Cities call upon the California Legislature to enact laws that guarantee the principle of “what applies to one, applies to all.” This means that any law or regulation imposed on elected officials of California cities and counties should equally apply to members of the California State Assembly and Senate. The Resolution further clarifies that exceptions should only be made when they pertain to the inherent powers of the legislative branch under the California Constitution. It is important to note that while this Resolution represents a formal request by Cal Cities, it is not binding. The Resolution itself does not have the force of law but rather serves as a strong advocacy position that Cal Cities will use to lobby the California Legislature. The effectiveness of this Resolution depends on the Legislature’s willingness to enact the proposed changes into law. The League of California Cities staff analysis of the proposed resolution is included in Attachment 1. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with this action. Expenses to attend the meeting have been budgeted in the Fiscal Year 2024-25 Budget. ATTACHMENT: 1. 2024 Cal Cities Resolution Packet 426 2023-2024 CAL CITIES OFFICERS President Daniel T. Parra Mayor Fowler First Vice President Lynne Kennedy Mayor Pro Tem, Rancho Cucamonga Second Vice President Gabe Quinto Council Member, El Cerrito Immediate Past President Ali Sajjad Taj Mayor Pro Tem, Artesia Executive Director and CEO Carolyn M. Coleman 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024 TO: Mayors, Council Members, City Managers, and City Clerks RE: Cal Cities 2024 Resolution Packet Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline. The attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process. We encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution. Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information. The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo. For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals. 427 2024 Resolutions Packet 428 2024 Resolutions Packet Information on 2024 Resolutions Process Consideration by Policy Committee (pre-conference) Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here. A list of recommendations the policy committee may make during its meeting are on page three of this packet. Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee. The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location. A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet. Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth. Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet. Petitioned Resolutions (during conference) The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 429 Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. How it works: Cal Cities Resolutions and the General Assembly General Assembly General Resolutions Policy Committees Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control. The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work. The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. Petitioned Resolutions The Cal Cities President assigns general resolutions to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. Who’s who The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, and policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates —one from every member city. Seven policy committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, and municipal department, as well as individuals appointed by the Cal Cities president. During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting. Cal Cities policy development is a member- informed process, grounded in the voices and experiences of city officials throughout the state. For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo Resolutions Committee The Resolutions Committee considers all resolutions. General Resolutions approved1 by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go to the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 During the Annual Conference and Expo 1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 430 2024 Resolutions Packet Policy Committee and Resolutions Committee Actions The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution. Policy Committee Actions Resolutions Committee Actions Approve Approve Disapprove* Disapprove* No Action No Action Amend and approve Amend and approve Refer to appropriate policy committee for further study* Approve as amended Refer as amended to appropriate policy committee for further study* Refer to appropriate policy committee for further study* Refer as amended to appropriate policy committee for further study* Approve with additional amendment(s) Additional amendments and refer to appropriate policy committee for further study* *If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 3 431 2024 Resolutions Packet General Assembly Voting and Discussion Procedures Discussion Procedures: Discussion procedures during the General Assembly are guided by two calendars: the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee. For General Resolutions: Policy Committee Recommendation Resolutions Committee Recommendation Calendar Approve Approve Consent Calendar Approve Disapprove or refer Regular Calendar Disapprove or refer Approve Regular Calendar Disapprove or refer Disapprove or refer Does not proceed to General Assembly For Petitioned Resolutions: Policy Committee Recommendation Resolutions Committee Action Calendar N/A Approve Regular Calendar Disapprove or Refer Regular Calendar Disqualified Does not proceed to General Assembly Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote. Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion. Voting Procedures: Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly. 4 432 2024 Resolutions Packet 2024 Resolution 1. Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora • Letters of concurrence submitted by: i. April A. Verlato, Mayor, City of Arcadia ii. Robert Gonzales, Mayor, City of Azusa iii. Tim Hepburn, Mayor, City of La Verne iv. Bill Uphoff, Mayor, City of Lomita v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee • Policy Committee Recommendation: • Resolutions Committee Recommendation: 5 433 2024 Resolutions Packet Resolution No. 1: Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora 6 434 2024 Resolutions Packet 1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL LEVELS IN THE STATE OF CALIFORNIA Source: City of Glendora Concurrence of five or more cities/city officials City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes Referred to: Governance, Transparency and Labor Relations Policy Committee WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to: California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 435 2024 Resolutions Packet Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California; Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election. WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.” NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy: “The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8 436 2024 Resolutions Packet Resolution No. 1: Letters of Concurrence 9 437 July 10, 2024 The City Council of Glendora is proposing the following resolution for consideration at the California League of Cities annual conference on October 18, 2024 Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”) “The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” The following five city council members are in concurrence with their letters of support (attached): ✓Mayor John Cruikshank, City of Rancho Palos Verdes ✓Mayor Bill Uphoff, City of Lomita ✓Mayor Robert Gonzales, City of Azusa ✓Mayor April Verlato, City of Arcadia ✓Mayor Tim Hepburn, City of La Verne Please confirm receipt of this request. Sincerely, Michael Allawos Council Member City of Glendora 10 438 11 439 12 440 13 441 14 442 15 443 2024 Resolutions Packet Resolution No. 1: Staff Analysis 16 444 League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist Committee: Governance, Transparency, and Labor Relations Summary: This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy: “The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” Background: This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to: •California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.; •“One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”); •Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and •Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office. Ralph M. Brown Act The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other. The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 445 9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7). Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public. Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard. California Environmental Quality Act (“CEQA”) The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts. SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA. Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well. The Political Reform Act (PRA) - Senate Bill No. 1439 SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 446 proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses. The Political Reform Act (PRA) - Assembly Bill No. 571 AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits. The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits. Fiscal Impact: Unknown. Existing Cal Cities Policy: Mission Statement To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. We Believe: • Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems. • In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust. • The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness. 19 447 • Partnerships and collaborations are essential elements of focused advocacy and lobbying. • Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations. Comments: Additional Examples The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates. Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators. AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down. Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.” This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members. Inherent Powers of the Legislative Branch The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 448 of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified. Support: The following letters of concurrence were received: April A. Verlato, Mayor, City of Arcadia Robert Gonzales, Mayor, City of Azusa Tim Hepburn, Mayor, City of La Verne Bill Uphoff, Mayor, City of Lomita John M. Cruikshank, Mayor, City of Rancho Palos Verdes 21 449 450 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED DEVELOPMENT CODE RECOMMENDATION: Appoint two members of the City Council to an Ad Hoc Subcommittee on the Unified Development Code. BACKGROUND/ANALYSIS: On September 12, 2024, the City Council conducted a Study Session regarding the development of a Unified Development Code. Currently, land development regulations are located within, but not limited to, Title 24 Environmental and Conservation, Title 25 Zon ing, Title 26 Subdivisions, Title 27 Grading, and Title 28 Flood Damage Prevention. A Unified Development Code (UDC) combines traditional zoning and subdivision ordinances, as well as other City regulations such as grading, design review, and stormwater management, into a single document. The intent of combining these regulations is to streamline and coordinate development processes by removing inconsistencies and outdated development policies. Staff recommends the City Council appoint two members of the C ity Council to an Ad Hoc Subcommittee to review public drafts of the various work products throughout the entire project. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact associated with this action. 451 452 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development SUBJECT: CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE PALM SPRINGS IN COACHELLA VALLEY RECOMMENDATION: 1. Approve a community event sponsorship in the amount of $30,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk. 2. Approve waiver of permit fees associated with event in an amount not to exceed $800. 3. Appropriate $30,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201. BACKGROUND/ANALYSIS: On August 22, 2024, the City Council discussed the consideration of a community event sponsorship to host an overflow start for excess cyclists at the Palm Desert Civic Center Park for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk. This item was continued to allow the organizer to provide information on how Palm Desert would be featured to warrant the investment. The following benefits would be provided to the City of Palm Desert as an overflow start sponsor at the $30,000 level: Palm Desert to be featured on the Tour de Palm Springs in Coachella Valley’s website: o Homepage as the overflow start location o Lodging and Parking section (under Info) with a link to Discover Palm Desert hotels webpage o City logo on sponsorship webpage City to be included in event social media posts. City to be included in event television advertisements. City logo to be included on event flyers. City logo to be included on rider t-shirts and jerseys. City logo included on Palm Desert start/finish line. Free registration for 25 riders and 25 walkers. According to the organizers, in 2025, the Palm Desert Civic Center Park location would serve registered cyclists in the 24-mile, 36-mile, 56-mile, 85-mile, and 102-mile categories, as well as a Standard and Support Gear (SAG) stop for all cyclists. The organizers anticipate registration could reach 8,000 for the 2025 event and estimate that roughly 85 percent of event participants using the Civic Center Park as either a start/finish or a SAG location. 453 City of Palm Desert Consideration of Tour de Palm Springs in Coachella Valley Sponsorship Request Page 2 of 2 With Palm Desert serving as an overflow location for cyclists with start times ranging from 6:30 a.m. to 9 a.m., those starting at the Civic Center Park may choose to book overnight stays in Palm Desert and patronize local restaurants and shops while attending the event. Additionally, the organizers have discussed working with The Shops at Palm Desert as an overflow parking site for registrants and spectators. Given the significant traffic control measures and public safety services required to hold the overflow start in Palm Desert, the organizers are requesting a $30,000 sponsorship to help cover these costs, along with a waiver of associated permit fees. If the sponsorship is approved, staff will work with the organizers on all event logistics, including plans for overflow parking , and will return to the City Council at a future date if any other approvals are needed. Additionally, staff will request that the organizer submit an after-event summary with information on overnight stays to see if the percentage increased due to the overflow start. FINANCIAL IMPACT: Community event sponsorship applications were due by April 30, 2024, for review by the Outside Agency Funding Committee to be included as part of the FY 2024 -25 Annual Budget. Staff informed the organizer of the application process and deadline; however, the application was not submitted in time because they required prior approval of the overflow start location from their Board of Directors. If this sponsorship is approved, an appropriation would be necessary from Unobligated General Fund Reserves to Account No. 1104800 -4306201. Additionally, the waiver of permit fees, such as encroachment permit and park use fees, are typically approved for City-sponsored events. This amount is anticipated not to exceed $800. ATTACHMENTS: 1. Sponsorship Request 2. Sponsorship Program 3. 2024-2025 Community Event Sponsorship Application 4. Special Events Application 5. 2024 Economic Impact Survey 454 City of Palm Desert 2025 Good afternoon, On behalf of CVSPIN, we are requesting sponsorship and funding for the 2025 Tour de Palm Springs in Coachella Valley for our second overflow start which we are wanting to have in the city of Palm Desert. The funds that we are requesting are both in kind an d monetary. In Kind Sponsorship: - Permit - Application fees - Park fees Monetary: $30,000 - Law enforcement - Tops N Barricades - Road Closures - Traffic Control Plans We are attaching our economic impact report and budget with this request. Our event is coming up on its 27th year being a part of the Coachella Valley. We are growing and looking to expand and have our overflow start located in Palm Desert to continue our mission of donating to local nonprofit organizations throughout the entire Coachella Valley. The event bring s together 2,500 volunteers from throughout the Coachella Valley, 5,000 to 10,000 cyclists, and 25,000 to 30,000 spectators annually. Thank you agai n for your time and we look forward to working with your city for many years to come. Cody Shelton Timothy Esser Executive Director Founder/Owner/Volunteer 455 456 77971 Wildcat Dr Suite E Palm Desert, CA, 92211 Tel: 760-674-4700 info@tourdepalmsprings.com 501(c)(3)# 33-0836672 Honoring our First Responders & Veterans 82724CS The Tour de Palm Springs in Coachella Valley charity event started in 1998 when Tim Esser cycled his first time from Palm Springs, California to Jacksonville, Florida raising $20,000 for 20 local charities. Today, the Tour de Palm Springs in Coachella Valley is one of the largest events of its kind in America bringing in nearly 30,000 spectators, 2,500 volunteers, and between 6,000 to 10,000 cyclists from across America and 4 countries. Since 1998 the Tour de Palm Springs in Coachella Valley has distributed over $4,000,000.00 to over 150 local nonprofit charities. Your sponsorship will allow us to continue to make a difference in the Coachella Valley. Thank you for your support. Tim Esser Cody Shelton Founder/Owner/Volunteer Executive Director Name: __________________________________________________________________________________________ Business: ________________________________________________________________________________________ Address: ________________________________________________________________________________________ Phone: _____________________________ Email________________________________________________________ Level of Participation: ___________________________________________________________________________ Signature: _______________________________________________________________ Date: ___________________ Jersey logos must be supplied in Vector color format and JPEG/PDF color formats for website. T-shirt logo must be black and white format. Sponsor logo deadline date: November 14, 2024 Questions: email info@tourdepalmsprings.com or phone 760-574-1305 457 Palm Desert City Sponsorship $30,000.00 • Name/Logo on TV PSA • Name/Logo on rider T-shirts • Name /Logo on Jerseys • Name/Logo on event flyers • Name/Logo on TDPS sponsor website page with link to your hospitality groups • Free 25 rider registration & 25 walk registration • Name/Logo on Start/Finish Line • Name on website with Overflow start • Social Media Posts 458 2023-OA-230 2024-25 COMMUNITY EVENT SPONSORSHIP REQUEST City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RELEASE DATE: March 15, 2024 RESPONSE DEADLINE: April 30, 2024, 5:00 pm RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://secure.procurenow.com/portal/cityofpalmdesert 459 City of Palm Desert 2024-25 Community Event Sponsorship Request I. Notice Inviting Applications for Community Event Sponsorships II. Organization & Event Information......................................................................................... III. Evaluation Criteria.............................................................................................................................. Attachments: A - Res 2024-001 - Community Event Sponsorship Policy 460 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 3 1. Notice Inviting Applications for Community Event Sponsorships 1.1. Purpose The City of Palm Desert aims to foster a vibrant community by supporting events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. 1.2. General Requirements Applicants for community event sponsorships must meet all the following requirements: A. Applicants must independently conduct the community event or collaborate with another organization to be eligible to receive a sponsorship. B. The community event must take place within Palm Desert city limits, with limited exceptions. Reason(s) for not holding the proposed event within Palm Desert city limits must be stated on the application. Exemption from this requirement will be provided on a case -by-case basis and will favor activity promoting the City of Palm Desert as a desirable place to live, visit, and do business. C. If applicable, applicants agree to submit a Special Events Application/Agreement a minimum of 120 days prior to the event, or a Temporary Use Permit (TUP). D. Applicants agree to use sponsorship funds exclusively for the community event represented in the application. E. Recipients shall provide the City recognition as a sponsor in exchange for the sponsorship in a method consistent with other sponsors at the community event. In no event shall the recognition for the City's sponsorship be less than that provided to other sponsors who have contributed the same total financial or in-kind support. F. If applicable, applicants are required to enter a sponsorship agreement with the City and provide a certificate of liability insurance or proof of self -insurance. G. Community event sponsorship applications are limited to one per year, per taxpayer identification number. H. Sponsorships will be approved on a competitive basis and are not guaranteed. Applicants should be aware that they may not receive the full amount of sponsorship requested. I. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the City will approve sponsorship for the same event or organization in subsequent years. J. An official post-community event evaluation must be submitted to City staff within ninety (90) days following the conclusion of a sponsored community event. 461 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 4 Due to limited resources, not all community event sponsorship requests are funded. The number of community events that the City sponsors varies annually. The City will evaluate each request based upon available funds, satisfaction of the eligibility criteria, and compliance with the Community Event Sponsorship Policy. 1.3. Ineligible Organizations and Activities Examples of ineligible organizations or activities include, but are not limited to: A. Any non-community event request, such as on -going programming or structured activities. B. Private events or events that re not open to the general public. C. Discriminatory activities such as those restricted based on a person's race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status. D. A political, politically affiliated, or political action organization or event that promotes any political viewpoint, provides for a political purpose or causes participants to engage in otherwise affiliate or express an endorsement of partisan political functions or activities. E. An event or activity that promotes a religious purpose (as opposed to a secular purpose, such as promoting cultural heritage or community understanding). F. A private individual for his/her own use. G. Funds may not be used for cash prizes, cash awards, salaries, salary reimbursement, or general budget subsidy. H. Funds cannot be directly provided to specific individuals, nor may funds be constructively provided to specific individuals (e.g. using funds to pay for certain individuals to go to an event is not permitted). By contract, using funds to reduce the overall costs of an event is permitted. I. An organization receiving Outside Agency funding concurrently (during the same fiscal year). J. A K-12 school or school-related groups, as funding requests for schools and school-related groups shall be processed by the Outside Agency/Charitable Contributions Committee. 1.4. Additional Assessment Criteria A. An applicant's first sponsorship request may total no more than 50% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 50% of the event budget). 462 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 5 B. An applicant's second or subsequent sponsorship request may total no more than 35% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 35% of the event budget). C. Sponsorship requests for a 5K walk/run shall be eligible for a maximum sponsorship of $2,500. D. Special consideration will be given to registered local non -profit corporations or local 501(c) organizations with tax -exempt status. 463 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 6 2. Organization & Event Information 2.1. General Information 2.1.1. Cody Shelton Please provide the name of the primary contact associated with this funding request. *Response required 2.1.2. Executive Director *Response required 2.1.3. 77971 Wildcat Dr. Suite E, Palm Desert, CA, 92260 *Response required 2.1.4. Physical Address If Different from Above 2.1.5. 760-574-1305 *Response required 2.1.6. info@tourdepalmsprings.com *Response required 2.1.7. 33-0836672 *Response required 2.1.8. Non-Profit Tax Status Verification Required for non-profit organizations. Please upload your organization's tax status verification letter from the Internal Revenue Service (IRS). 2.1.9. IRS Form W-9* Please upload your updated IRS Form W-9. *Response required 2.1.10. Palm Desert Business License Number Required for any work or service performed within Palm Desert city limits. 2.1.11. Certification* By clicking the confirmation box below, the submitter certifies that they are an authorized official of the applying organization. The applicant does hereby confirm that the information herein is true and correct; that the applicant organization meets the guidelines set forth in the Community Events Sponsorship policy published on the City’s website; and that the applicant’s organization will make these events available to all eligible participants, without regard to race, religion, ethnicity, age, sex, gen der, gender identity, gender expression, disability, sexual orientation, or economic status. ☒ Please confirm *Response required 464 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 7 2.2. Event Details 2.2.1. Event Title - Tour de Palm Springs in Coachella Valley 2.2.2. Event Date - 2/7/25 - 2/8/25 2.2.3. Amount of Funding Request - $30,000 I 2.2.4. Brief Description of Event - Charity bicycle ride and walk earning funds for non-profit groups in the Coachella Valley 2.2.5. Will the event(s) take place within Palm Desert city limits? * ☒ Yes ☐ No *Response required When equals "No" 2.2.6. If no, where will it take place and why?* 2.2.7. Number of years the event has been held* - 27 years I 2.2.8. Expected Attendance* - 5,000-10,000 2.2.9. Estimated Residents & Non-Residents* - 20% Resident, 80% Non-Resident 2.2.10. Will there be a charge to those attending?* ☒ Yes ☐ No *Response required When equals "Yes" 465 undefined #2023-OA-230 Title: 2024-25 Community Event Sponsorship Request 8 2.2.11. How much are attendees charged?* - Attendees are being based on category entered. Cyclists will be charged up to $120 based on distance and walkers up to $25 based on distance. 2.2.12. How will the event(s) be publicized?* - media, social media, nationally, digitally, hard copies with magazines and cycling shops 2.2.13. Event Budget* Please upload a full budget, including revenue and expenses for each event you are requesting funding for. Please be as specific as possible, with detailed line items. *Response required 2.2.14. Intended use of City funds * - To pay for the traffic control plans for street closures, permits and application fees, Law enforcement for traffic control to ensure safety 2.2.15. Other Funding Sources* List all funding requested from other community partners for this event, including type of request (grant, sponsorship, donation, fundraiser, etc.), the amount your agency requested, and the actual amount received, and a description of the funding requested. - City of Palm Springs 23/24, requested $65,000 received $65,000 - City of Palm Springs 24/25, requested $100,000 - PS Resorts 23/24, requested $40,000 received $40,000 - PS Resorts 24/25. Not Requested yet but will be asking for $40,000 2.2.16. If applicable, attach a sponsorship benefit packet (e.g., name/logo listing, banner, ad, etc.) 2.2.17. List sponsorship benefits associated with the funding request* - Name/Logo listing on our website, on media with promotion of the second overflow start 466 Budget 2023 Event Tour de Palm Springs In Coachella Valley x Event Costs Advertising & Marketing 9,000 Apparel (Jerseys & T-Shirts)27,000 Banners & Signs 2,000 Donations to Charities 300,000 Fees/Yearly Use of name 2,000 Insurance- Liability - USA Cycling 18,000 Meetings 2,000 Permits/Police Services 80,000 Registration Costs (fees/gifts)7,000 Rentals 25,000 Route Costs (arrows/Ride with GPS)2,000 SAG Costs (gatoraide/gas card)2,000 Security 2,500 Supplies 7,000 Temporary Labor 1,000 Administrative Expenses Accounting Fees 2,400 Credit Card Services/Fees/quick Book Fees 1,500 Dues & Subscriptions 2,500 Insurance 18,000 Internet/Phone 2,400 Office Supplies & Postage 2,500 Payroll Expenses (W ages/Taxes/Service/W C Ins)30,000 Professional Fees 10,000 Rent 12,000 Taxes (Fed & State)2,000 Total 560,800 467 Budget 2024 Event Tour de Palm Springs In Coachella Val l ey Committee cost 22924 Administration Yearly Donations to chari ties 300000 Accounting fees Event agreement 120 Insurance- Liability - USA Cycling insurance 23,552.68 Labor- Ex Dir 65,000 Labor- Misc (Deb)2,900.00 Meeting- Kick off 750 Meeting- Post event wrap up 750 Meetings- Monthl y Party- Appreciation Rent 12,000.00 Taxes Credit Card Services/Fees/quick Book Fees x Dues & Subscriptions Insurance - USLI 653.2 Internet/Phone Offi ce Suppl i es & Postage Payroll Expenses (W ages/Taxes/Service/W C Ins) Professional Fees (CPA) Network - CV Network 2,800.00 Network - Norton AntiVirus 417.49 Sub Total 408943.37 Advertising / M arketing KESQ 10,990 KPSP 1695 Cycling W est/Cycling Utah 1100 Banners & Signs Apparel Primal 35,557.00 Primal sol d T- shirts 19,913.00 T-shirts sol d Beer Garden/Pasta Dinner Rentals 2,589.50 468 Beer Logistics Rentals RACES Raffle Rentals Registration Gifts Rentals Hel met stickers W ristbands 345.8 Route M anagement W alk & ride Permi ts/Police Services Rentals Arrows Ride with GPS Permi t - Riverside County 1521.93 Permi t - City of Indi o 922.31 Permi t - City of Pal m Springs 113000 Permi t - City of Pal m Springs Sponsorship -65,000 Permi t - City of Pal m Springs PS Resorts Sponsorship -40,000 469 SAG Rentals Gas card Food misc 0 Port-A-potties Vendor Expo Bike valet Rental Security 4,220.00 Diamond Porta Potties 5,716.40 Vol. Services / L&F/Info Rentals Sub total Total of all committees Cody and T im Board budget (temp) 470 CHP (2024)20,457.52 Ti m Funds 20,000.00 Advertising (2025)50,000.00 Mistakes (2024)20,000.00 USA cycling (2024)20,000.00 Temp labor (3 months)15,000.00 Admin (in case of event cancelation)65,000.00 Appreciation party 2,000.00 City of Palm Springs 8,000.00 Bank Balanace Currently 030624 Total 220457.52 471 472 473 474 475 476 477 478 479 480 481 482 483 484 2024 Tour de Palm Springs in Coachella Valley Economic Impact Survey Background 5,173* surveys were sent out to all pre-registered event participants 911 surveys were returned (18%) 83% of the responders were visiting the CV 70% visiting the CV stayed overnight one or more nights *102/1,802;85/260;64/53;50/1,121;34/768;25/221;7/251;w/596 (miles/riders, w=walkers) Assumptions The 18% of the registered participants who returned their surveys are proportionately representative of the remaining 82%. Those responding to the survey who stayed overnight were predominately 34-102 mile riders. Half of those reporting stays of 4+ days were TOT-exempt (30+ days). Data 1. Number of nights stayed 1 - 19% 2 - 43% 3 - 15% 4+ 23% 2. Where stayed 61% Palm Springs 18% Palm Desert 5% Cathedral City 4% Indio 485 3% Desert Hot Springs, La Quinta & “Other” (each) 2% Rancho Mirage 3. In what 43% Hotel 17% Private Home (non-TOT) 14% Air B&B 10% Motel 8% Vacation Rental 4% RV Park 4% Other 4. Total number in group 1 – 111 (15%) registered participant 2 – 349 (49%) registered participant plus one 3 – 56 (8%) registered participant plus two 4+ 201 (28%) registered participant plus three or more Computations 1. Transient Occupancy Tax: 5,488 room nights in TOT-generating lodging averaging a daily room rate of $350 taxed @ 11% = $211,288 x 18% (PD) = $38,032. 2. Sales Tax: GPSCVB reported that the economic impact of visitors to the CV averages $509 per person per day. Subtracting $350 for the lodging component leaves $159 for dining, shopping, and attractions taxed at the PD rate of 7.75% = $12.32 per visitor per day. The estimated numbers of event participants and their parties staying over for 1, 2, 3, and 4+ nights was 420, 1372, 224, and 784. This equates to 420, 2,744, 672, and 3,136 days per visitor generating estimated sales tax totals = $102,488 x 18% (PD) = $7,645. 3. Total estimated PD TOT & sales tax generated by the 2024 Tour = $45,677. 486