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Agenda Package - Palm Desert City Council - Regular Meeting_Sep26_2024
PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, September 26, 2024 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 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE Councilmember Trubee 4.INSPIRATION Councilmember Kelly 5.AWARDS, PRESENTATIONS, AND APPOINTMENTS 5.a PROCLAMATION: FIRE PREVENTION AND MINI-MUSTER MONTH 11 6.CITY MANAGER COMMENTS 6.a PRESENTATION ON CRIME TRENDS AND LAW ENFORCEMENT SERVICE LEVELS 43 7.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 8.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 9.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. 9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES 45 RECOMMENDATION: Approve the Minutes of September 12, 2024. 9.b APPROVAL OF WARRANT REGISTERS 59 RECOMMENDATION: Approve the warrant registers issued September 5 - September 13, 2024. 9.c RESOLUTION TO APPROVE THE ARTIFICIAL TURF/SYNTHETIC GRASS ADMINISTRATIVE POLICY NO. PW-001 83 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW-001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY.” City Council Meeting Agenda September 26, 2024 2 9.d APPROVAL OF AGREEMENTS WITH WORKDAY, INC., RELATED TO THE IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM 91 RECOMMENDATION: Approve Agreements with Workday, Inc., for the acquisition and implementation of a new enterprise resource planning system. 1. Appropriate $393,353 to the Information Technology Special Programs Account Number 1104190-4390000 from unobligated General Fund Reserves for implementation, training, and 10% contingency. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements. 3. Authorized the City Manager to execute the agreement, future amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. 9.e UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT PROGRAM FOR PALM DESERT BUSINESSES 147 RECOMMENDATION: Approve the Unite Palm Desert Autism Certification Reimbursement Program (ACRP). 1. Authorize Director of Finance to transfer $30,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Autism Certification Reimbursement Program (ACRP). 2. Authorize City Manager to execute all documents required to effectuate the program. 3. 9.f AWARD CONTRACTS TO MULTIPLE CONSULTANTS FOR ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES 161 RECOMMENDATION: Award Professional Services Agreements with multiple consultants for on-call traffic consulting and design services, with an annual aggregate amount not to exceed $1,000,000 (per fiscal year) for a three-year term, with two one-year extension options. 1. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 2. Authorize the City Manager to execute the agreements and to approve up to two additional one-year terms per contract. 3. City Council Meeting Agenda September 26, 2024 3 9.g RESOLUTION TO ADOPT THE CITY OF PALM DESERT CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT 351 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION 2022- 97.” 9.h AWARD CONTRACTS TO MULTIPLE CONSULTANTS FOR GRANT WRITING AND ADVOCACY SERVICES 367 RECOMMENDATION: Award Contracts to The Criscom Company, Ardurra Group, Inc., and Engineering Solutions Services for the grant writing and advocacy services for an aggregate amount between selected firms, not to exceed $200,000 per fiscal year. 1. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements. 2. Authorize the City Manager to execute the agreements and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. 9.i APPROVAL OF THE UNITE PALM DESERT BUSINESS EMERGENCY ASSISTANCE PROGRAM (BEAP) 571 RECOMMENDATION: Approve the Unite Palm Desert Business Emergency Assistance Program (BEAP). 1. Authorize Director of Finance to transfer $100,000 from the Business Enhancement Program funds to Account No. 4254430- 4393000 for the Business Emergency Assistance Program (BEAP). 2. Authorize the City Manager to modify evaluation guidelines and criteria for BEAP 3. Authorize City Manager to execute all documents required to effectuate the program. 4. 9.j INFORMATIONAL REPORT ON THE COMPREHENSIVE CLIMATE ACTION PLAN 579 RECOMMENDATION: Receive and file an update on the Comprehensive Climate Action Plan. City Council Meeting Agenda September 26, 2024 4 9.k APPROVAL OF THE 2024 PALM DESERT GOLF CART PARADE 597 RECOMMENDATION: Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. 1. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound. 2. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. 3. 9.l HOUSING AUTHORITY RESOLUTIONS TO AMEND AND RESTATE THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY AND PALM DESERT HOUSING COMMISSION 599 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY.” 1. Adopt a Resolution entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING COMMISSION.” 2. 9.m RATIFY TKE ENGINEERING, INC., FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY PROPERTIES 611 RECOMMENDATION: Ratify the award of contract to TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Services contract for the Housing Authority properties in a shared aggregate amount with the City in an amount not to exceed $11,739,394. 1. Authorize the City to administer the contract on behalf of the Housing Authority and authorize the City Manager to execute contract and subsequent task orders. 2. Direct the Directors of Finance, Public Works, and Capital Projects to review annual expenditures and performance of the vendor under this contract. 3. 9.n REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT HOUSING AUTHORITY PROPERTIES 613 RECOMMENDATION: Reject all proposals submitted for Courtesy Patrol Services at Palm Desert Housing Authority owned properties. 1. Authorize staff’s request to solicit proposals for camera system installation and off-site monitoring services. 2. City Council Meeting Agenda September 26, 2024 5 9.o AUTHORIZE PARTICIPATION AND FUNDING COMMITMENT FOR IMPERIAL IRRIGATION DISTRICT ENERGY PARTNERSHIP TO DEVELOP NEW SUBSTATION 615 RECOMMENDATION: Authorize the City’s participation in the Imperial Irrigation District Energy Partnership for the development of a new substation, including a commitment to funding and reservation of energy capacity, and authorize the City Manager to execute all necessary agreements. 1. Appropriate $950,000 from General Fund reserves and transfer out to Capital Project Budget North Sphere Electric Substation Account 4004258-4400100. 2. 9.p RATIFY AMENDMENT NOS. 1, 2, AND 3 TO CONTRACT NO. C44200 WITH HERMANN DESIGN GROUP FOR THE DESERT WILLOW GREENS AND TEE BOX RENOVATION AND TURF REDUCTION (MLS00005) 631 RECOMMENDATION: Ratify Amendment Nos. 1, 2, and 3 to Contract No. C44200 with Hermann Design Group for the Desert Willow Greens and Tee Box Renovation and Turf Reduction Project for a total amount of $31,085. 1. Authorize the City Manager to execute the amendment and any documents necessary to effectuate the actions taken herewith. 2. 9.q RESOLUTION APPROVING FINAL PARCEL MAP 37234 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT 677 RECOMMENDATION: Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 37234” 1. Authorize the City Attorney to make necessary nonmonetary changes to the agreement. 2. Authorize the City Manager to execute the Subdivision Improvement Agreement. 3. 9.r RESOLUTION ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES 755 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORIA, ADOPTING POLICY CLRK- 002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES.” 9.s STREET SWEEPING UPDATE 765 RECOMMENDATION: Receive and file an update on street sweeping. City Council Meeting Agenda September 26, 2024 6 10.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. City Council Meeting Agenda September 26, 2024 7 10.a APPROVE AN AFFORDABILITY RESTRICTION AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC, INCLUDING A CONCESSION PROVIDING FOR REIMBURSEMENT OF IMPACT FEES FROM THE CITY’S HOUSING MITIGATION FEES 771 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING (1) AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC REGARDING A MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH 388 TOTAL APARTMENTS, WITH 20% RESTRICTED TO VERY LOW INCOME AND LOW INCOME HOUSEHOLDS; AND (2) A DEVELOPMENT FEE AGREEMENT FOR THE USE OF HOUSING MITIGATION FEES IN AN AMOUNT NOT TO EXCEED $180,000 AS REIMBURSEMENT TO DEVELOPER IN EXCHANGE FOR RESTRICTING 5 UNITS TO QUALIFYING HOUSEHOLDS WITH LOCAL EMPLOYEES.” 1. Approve the Affordability Restriction and Regulatory Agreement by and between the City of Palm Desert and Bravo Garden Apartments, LLC, in accordance with the conditions of approval adopted by Resolution No. 2018-18, for the development of 388 units known as Bravo Garden Apartments, a multifamily rental housing project located at located on Hovley Lane, Palm Desert, California, substantially as to form. 2. Authorize the Development Fee Agreement for the use of Housing Mitigation fees up to $180,000 to reimburse the developer for the fees attributable to five units restricted for occupancy for qualifying residents who work within the Palm Desert city limits. 3. Authorize the City Manager or his designee, and/or legal counsel to negotiate and finalize the Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof. 4. Authorize the Mayor and/or City Manager to execute and deliver the finalized Agreement, for and in the name of the City, the Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Agreement. 5. City Council Meeting Agenda September 26, 2024 8 11.PUBLIC HEARINGS The public may comment on individual Public Hearing Items within the three- minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda. 11.a HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2023/24 COMPREHENSIVE ANNUAL PERFORMANCE AND EVALUATION REPORT 823 RECOMMENDATION: Conduct a public hearing to receive public comments on the City’s Fiscal Year 2023/24 Comprehensive Annual Performance and Evaluation Report (CAPER). 12.INFORMATION ITEMS 13.ADJOURNMENT City Council Meeting Agenda September 26, 2024 9 14.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 26, 2024 10 Whereas, during the month of October, Fire Station #33 of the Western Division of the Riverside County Fire Department, California Department of Forestry and Fire Protection, Historical Society of Palm Desert, and Desert Sands Unified School District train Palm Desert third grade students in fire prevention and personal safety through the Fire Prevention and Mini-Muster Program; and Whereas, the Fire Prevention and Mini-Muster Program celebrates its 32nd year at Gerald Ford Elementary, Abraham Lincoln Elementary, and George Washington Charter Schools, its 27th year at James Earl Carter Elementary School, and its 19th year at Ronald Reagan Elementary School; and Whereas, firefighters and volunteers will continue to train Palm Desert students to maintain standards that will ensure a fire-safe City for many years to come. Now, Therefore, I, Karina Quintanilla, Mayor of the City of Palm Desert, California, along with the entire City Council, do hereby Proclaim October 2024 as Fire Prevention and Mini -Muster Month in the City of Palm Desert and urge all citizens to pay tribute to the children who participate in this most worthwhile event. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Palm Desert, California, to be affixed this 26th day of September 2024. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Chris Escobedo, Assistant City Manager SUBJECT: PRESENTATION ON CRIME TRENDS AND LAW ENFORCEMENT SERVICE LEVELS RECOMMENDATION: Receive and file a presentation on crime trends and law enforcement service levels and respond to any questions from the City Council. BACKGROUND/ANALYSIS: The City contracts for law enforcement services with the Riverside County Sheriff’s Department (RCSD), which provides a total of 80 sworn law enforcement staff and non-sworn Community Service Officers. Palm Desert’s safety levels are maintained through the regular deployment of the following sworn officers and teams: Dedicated Lieutenant and Sergeants, Daily proactive law enforcement patrol, Traffic and motorcycle enforcement team, Special enforcement team, Business district team, Burglary suppression team, School resource officers, and Officers assigned to regional gang and narcotics task forces. In addition to providing law enforcement services to residents and businesses, Palm Desert serves as a major employment center for the region, is home to the region’s educational institutions, serves as a major tourist destination, and has several retail outlets that are a draw for Southern California visitors. Over the last five years, the City has responded to post-Covid- 19 call volume activities, deployed the automated license plate reader system to assist RCSD staff with improved technology, and continues to make investments in public safety. In conjunction with Sheriff’s Department, staff will provide a presentation on crime trends and projected law enforcement service levels at the meeting. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: None. 43 44 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Library Board of Trustees Minutes September 12, 2024, 2:00 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, September 12, 2024, at 2:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a UNIFIED DEVELOPMENT CODE INTRODUCTION Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. 2.b POLICY DISCUSSION ON PROPOSED TEXT AMENDMENTS TO PALM DESERT MUNICIPAL CODE TITLE 26, (SUBDIVISIONS) AND TITLE 27 (GRADING) Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. 2.c PROPOSED TEXT AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 2.18 BUILDING BOARD OF APPEALS Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries. 2.d DRAFT POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES, AND CONSIDERATION OF FIREARMS RESTRICTIONS ON CITY PROPERTY City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries. 45 Palm Desert Study Session Meeting Minutes September 12, 2024 2 3. ADJOURNMENT The City Council adjourned the Study Session at 2:56 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 46 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes September 12, 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, September 12, 2024, at 3:15 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 3:15 p.m. 4. CLOSED SESSION AGENDA The following items were 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 4.b.2 Property Description: 72-567 Highway 111 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Councilmember Kelly led the Pledge of Allegiance. 7. INSPIRATION Mayor Quintanilla provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken. 47 Palm Desert City Council Meeting Minutes September 12, 2024 2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS None. 10. CITY MANAGER COMMENTS None. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Harnik shared that September is Hunger Action Month and encouraged the public to support FIND Food Bank. Mayor Quintanilla announced the formation of the Hispanic American Chamber of Commerce and encouraged businesses to attend their meetings. 12. NON-AGENDA PUBLIC COMMENTS Mike Morsch, Palm Desert resident, spoke in support of Measure G, requested additional financial information about Measure G from staff, urged the Mayor to take notes the morning after the City Council meeting rather than during the meeting, and spoke in support of the Patriot Store. John Yambao, Palm Desert resident, voiced his support of the mayor in the event of a recall, and shared his positive experience at the Patriot Store in general and negative experience with a store patron. Karen Von Der Ahe, Palm Desert resident, spoke in opposition to the Mayor's post on August 10, in opposition to her service on the City Council, and requested her resignation. Dean Gatons, Palm Desert resident and Resource Preservation Enhancement Committee member, urged the City Council to consider prioritizing an exit to Portola Avenue from Interstate 10. Debbie Green, Palm Desert resident, expressed her disappointment in not hearing a City message denouncing hate mail and threats against anyone, spoke in opposition to some of the items sold by the Patriot Store. Brad Anderson, Rancho Mirage resident, requested that public comment be allowed and noted on the Study Session agenda; reported on his attendance at the CVAG; and spoke in opposition to the City's study session Item 2d regarding gun restriction at City properties. Vicki Schneider expressed her support for Mayor Quintanilla; shared her perspective relative to the ongoing discussion surrounding her August 10 Facebook post regarding the Patriot Store; opined that the City Council and community was silent in response to the situation; and stated she would be attending more Council meetings. Storm Jenkins, Palm Desert business owner, spoke in opposition to the mayor's conduct and comments relative to the August 10 Facebook post regarding the Patriot Store; stated he did not receive an apology for the attack on his store; opined the mayor defamed his business; provided a draft of a proposed resolution for City Council consideration to censure Mayor Quintanilla for her actions. 48 Palm Desert City Council Meeting Minutes September 12, 2024 3 Linda Salas, expressed her support for Mayor Quintanilla; stated the issue of the Patriot Store being offensive had been addressed in previous community meetings with the mayor; opined the issue needed to be addressed; expressed her opposition to the threats received by the mayor. 13. CONSENT CALENDAR Motion by: Councilmember Kelly Seconded by: Councilmember Nestande To approve the consent calendar excluding Items 13j, 13k and 13p. Motion Carried (5 to 0) 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 18, 2024, and August 22, 2024. Motion Carried 13.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve the warrant registers issued for the period 8/15/2024 to 8/26/2024. Motion Carried 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Receive and file applications for Alcoholic Beverage Licenses for: 1. Palm Desert Local Mart, Inc., - 45200 Avenue 321, Palm Desert 2. Petrie and Friends, LLC (Black Cat Pizza) - 72795 HWY 111 Suite G2, Palm Desert 3. La Quinta Brewing Company, LLC (La Quinta Brewing Co) - 747147 Technology Drive, Palm Desert 4. The Cheese Shop on El Paseo - 73280 El Paseo Suite 1, Palm Desert 5. Shake Shack California, LLC (Shake Shack #1529) - 73199 El Paseo Suite A, Palm Desert 6. APalmDesert, LLC (Dennys 9377) - 42455 Washington Street, Palm Desert Motion Carried 49 Palm Desert City Council Meeting Minutes September 12, 2024 4 13.d 2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 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. Motion Carried 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 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 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. Motion Carried 50 Palm Desert City Council Meeting Minutes September 12, 2024 5 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) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 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. Motion Carried 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) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 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. Motion Carried 51 Palm Desert City Council Meeting Minutes September 12, 2024 6 13.h APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM SONSRAY MACHINERY Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 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. Motion Carried 13.i AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC. (CONTRACT NO. C48230) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. 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) 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. Motion Carried 13.l CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE BLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Approve construction of a new breeze block garden wall exhibit at a city-owned property at 72861 El Paseo. Motion Carried 52 Palm Desert City Council Meeting Minutes September 12, 2024 7 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 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Ratify a letter of support to the U.S. Department of Transportation for the Coachella Valley Association of Governments’ ACCESS Indian Canyon Drive Project. Motion Carried 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 Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 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 Motion Carried 13.o RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN STAUBER FROM THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 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 Section 3.40.070(F). Motion Carried 53 Palm Desert City Council Meeting Minutes September 12, 2024 8 13.q AWARD CONTRACT NO. C48320 TO UNITED STORM WATER INC., FOR THE ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM (PROJECT NO. MDR00004) Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. 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. 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. Motion Carried 13.r AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE FEES TO BE PAID BY CUSTOMER Clerk Note: Section IV, F, of the Electronic Payment Policy (FIN-001) shall be revised to read as follows: "Customers choosing to pay fees electronically shall also be responsible for convenience fees assessed and administered by third party providers." Motion by: Councilmember Kelly Seconded by: Councilmember Nestande Amend the Electronic Payment Policy (Policy FIN-001) allowing convenience fees to be paid by customer. Motion Carried 54 Palm Desert City Council Meeting Minutes September 12, 2024 9 CONSENT ITEMS HELD OVER 13.j AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 3 (PROJECT NO. CLS00001) City Clerk Mejia stated a bid protest was submitted, reviewed, and found to be without merit. Subsequently, the protester withdrew his comments; therefore, staff is requesting that the City Council reject the bid protest and award the contract to Superb Engineering, Inc. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 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 nonmonetary 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. Motion Carried (5 to 0) 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 Brad Anderson, Rancho Mirage resident, stated he felt it was important for residents to know that the contract for basic costs total approximately $18,500 per month. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 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. 55 Palm Desert City Council Meeting Minutes September 12, 2024 10 Motion Carried (5 to 0) 13.p RESOLUTION NO. 2024-068: SUPPORT FOR PROPOSITION 36, MODIFYING EXISTING LAWS RELATED TO PUNISHMENT OF THEFT AND DRUG CRIMES Mayor Pro Tem Harnik noted the importance of Proposition 36 in discouraging crime and provides an opportunity for offenders to seek treatment. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 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.” Motion Carried (5 to 0) 14. ACTION CALENDAR 14.a DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING City Clerk Mejia presented a staff report and responded to City Council inquiries. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Oppose the resolution proposed for the upcoming League of California Cities’ General Assembly Meeting. Motion Carried (5 to 0) 14.b APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED DEVELOPMENT CODE City Clerk Mejia presented a staff report and responded to City Council inquiries. Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik Continue the item until after the November 5, 2024, election. Motion Carried (5 to 0) 56 Palm Desert City Council Meeting Minutes September 12, 2024 11 14.c 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. Cody Shelton, Tour de Palm Springs representative, provided a report to the City Council regarding revenue the City has received as a result of their event in previous years. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Approve a community event sponsorship in the amount of $20,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk, with the condition that there is an overflow start in Palm Desert. 2. Approve waiver of permit fees associated with event in an amount not to exceed $800. 3. Appropriate $20,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201. NOES (1): Mayor Quintanilla Motion Carried (4 to 1) 15. PUBLIC HEARINGS None. 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 5:23 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 57 58 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/5/2024 - 9/5/2024 City of Palm Desert Account Number 09/05/202400002548 ADKINS, MICHAELW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 1,413.55 09/05/202400002549 ALLEN, FRANKW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 218.36 09/05/202400002550 AVERY, ANNW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 480.54 09/05/202400002551 BASSLER, THOMASW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 554.47 09/05/202400002552 BISHOP, ROBERTW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 517.51 09/05/202400002553 BLYTHE, BARBARAW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 187.20 09/05/202400002554 BO CHENW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 523.56 09/05/202400002555 BRADLEY, DEBRAW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 742.39 09/05/202400002556 BROWN, MICHAELW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 730.85 09/05/202400002557 CECHIN, TERRYW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 711.31 09/05/202400002558 CEHR, DAVIDW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 554.47 09/05/202400002559 CICCHINI, SUZANNEW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 1,066.96 09/05/202400002560 CONLON, PATRICK C.W1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 554.47 09/05/202400002561 CRAWFORD, DANNYW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 1,810.13 09/05/202400002562 CROY, HOMERW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 369.65 09/05/202400002563 DARLING, GLORIAW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 218.36 09/05/202400002564 HOLLINGER, DIANEW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 554.47 09/05/202400002565 DIERCKS, MARKW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 125.84 09/05/202400002566 DOYLE, KARENW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 696.15 09/05/202400002567 DRELL, PHILIP D.W1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 554.47 09/05/202400002568 ESPINOZA, JOSE LUISW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 2,088.61 09/05/202400002569 FANNING, JODIW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 1,022.98 09/05/202400002570 FERGUSON, JAMES C.W1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 924.70 09/05/202400002571 FLINT, DAVIDW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 189.25 09/05/202400002572 FOLKERS, RICHARD J.W1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 218.36 09/05/202400002573 GARCIA, MIGUELW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 730.85 09/05/202400002574 GARNER, PAGEW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 1,078.51 09/05/2024Report Date 1Page City and Housing Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 59 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/5/2024 - 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AnnualDues43630002524662 M2352499 524.00 09/05/202402004075 ANDERSON COMMUNICATION INCW1 MONTHLY RADIO REPEATER SRVS43650001104310 20558B 262.50 09/05/202402004075 ANDERSON COMMUNICATION INCW1 MONTHLY RADIO REPEATER SRVS43650001104310 20612B 250.00 09/05/202402004076 ANSER ADVISORY MANAGEMENT LLCW1 TO005530-Section29-JUL2450004552324370 26070 2,032.50 09/05/202402004076 ANSER ADVISORY MANAGEMENT LLCW1 TO001383-No Sphere FS 102-JL2444001002354270 26068 5,915.00 09/05/202402004076 ANSER ADVISORY MANAGEMENT LLCW1 TO001613 -One Quail Place JL2443311008714195 26069 602.50 09/05/202402004077 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 129343 5,034.34 09/05/202402004078 BEDROSIAN, PATRICKW1 RETIREE HEALTH STIPEND Sept-2441190005764192 9/1/2024 203.80 09/05/202402004079 BMW MOTORCYCLE OF RIVERSIDEW1 24/25 POLICE MTRCYCLE REP/MAIN43340001104210 6036689 261.74 09/05/202402004080 BOHLIN, ERINW1 SAFETY FOOTWEAR REIMB - EB43915001104300 0524BOOTREIM-EB 158.00 09/05/2024Report Date 6Page City and Housing Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 64 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/5/2024 - 9/5/2024 City of Palm Desert Account Number 09/05/202402004081 BRIAN ARTHUR SCHADERW1 Balance of honorarium44002004364650 C42970I1SCHADER 500.00 09/05/202402004082 BRONZE & GRANITE ENTERPRISES INCW1 El Paseo honor balance44002004364650 C42970L2DEMOSS 500.00 09/05/202402004083 CALIFORNIA LIBRARY ASSOCIATIONW1 CLA Conf. 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GARCIA 080224 46.77 09/05/202402004085 CASH, PETTY-W1 Library Summer Reading prog.43900002524662 C.H. 07.30.24 27.98 09/05/202402004086 CITY OF PALM DESERTW1 Plan Check Fees44001002354270 INV-4201 266.00 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 74735 Hovley Lane E - Soccer P43510001104611 127363385426AG24 107.66 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 Nichols Dr - Univ PK43510001104611 822075444102AG24 2,280.22 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 73200 Mesa View Dr FS 6743510002304220 176281476314AG24 386.48 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 73995 Country Club FS7143510002304220 122335377974AG24 256.12 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 Larkspur Ln - Fire Mtr PP E/W43510002774373 797761405428AG24 114.99 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 Portola Ave - Fire Mtr PP E/W43510002774373 797755405410AG24 102.39 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 San Luis Rey - Fire Mtr PP E/W43510002774373 797759405418AG24 88.29 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 TOWN CENTER WAY43510001104310 307113813150AG24 27.38 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 44911 Cabrillo Avenue43510001104340 712257390932AG24 84.97 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 1131 HOVLEY SOCCER PARK43510001104611 315303847830AG24 2,638.39 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 10049 FREEDOM PARK43510001104611 315491848018AG24 10,391.15 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 1089 MEDIANS43510001104614 315239847766AG24 3,580.14 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 44400 Town Ctr - FS 3343510002304220 163253444356AG24 308.79 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 D. 1088 Desert Mirage (Cook)43510002734680 315237847764AG24 282.73 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 C. 1088 K/B (Heatherwood)43510002854374 315237847764AG24 97.49 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates I43510002874374 315237847764AG24 290.11 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders (Shepherd43510002874680 315237847764AG24 78.31 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W (Kokopelli)43510002874681 315237847764AG24 85.79 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 1 (Petun43510002874682 315237847764AG24 74.08 09/05/202402004087 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. 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EQUIP44045001104250 228067 216.95 09/12/202402004269 SENSERA SYSTEMS INCW1 SITE CLOUD SRV 5 GB CELLULAR43620001104300 228067 2,592.00 09/12/202402004270 SERVPROW1 TO006470-City Hall- SFA00003-44001004504161 5275739 43,279.72 09/12/202402004271 SHAUN HOISINGTON ELECTRICAL ANDW1 80% REFUNDABLE FEES32211001100000 ELPU24-0072 211.20 09/12/202402004272 SO CAL GASW1 74605 42nd Ave SHOP43512001104330 05382896149-SP24 38.62 09/12/2024Report Date 8Page City and Housing Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 78 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/12/2024 - 9/12/2024 City of Palm Desert Account Number 09/12/202402004272 SO CAL GASW1 73510 FW City Hall43512001104340 20092710001-AG24 39.25 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (3) Desert Mirage (38601 Cook)43510002734680 700017585033AG24 17.29 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (4) Primrose (75530 Hovley)43510002734682 700017585033AG24 13.83 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (21) Monterey Meadows (73100 H43510002754680 700017585033AG24 13.82 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (20) The Glen (40730 M)43510002754681 700017585033AG24 14.05 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (18) Hovley Estates (40962 C /43510002754682 700017585033AG24 30.47 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (19) Sonata I (40794)43510002754683 700017585033AG24 14.98 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (5) Sonata II (73500 Hovley)43510002754684 700017585033AG24 24.20 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (7) Hovley Collection (73145 H43510002754685 700017585033AG24 14.05 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (8) La Paloma I (40970 A/7362543510002754686 700017585033AG24 27.87 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (10) La Paloma II (40970 Rosar43510002754687 700017585033AG24 14.05 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (14) La Paloma III (40741 Sola43510002754693 700017585033AG24 14.05 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (11) Sandpiper (40751 / 40972)43510002754694 700017585033AG24 27.87 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (12) Sandpiper West (40753 / 443510002754695 700017585033AG24 28.10 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (13) Hovley West (40762 Hov)43510002754696 700017585033AG24 16.16 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (1) Canyon Cove (Calliandra)43510002764374 700017585033AG24 34.78 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (22) Presidents Plaza E/W43514002774373 700017585033AG24 494.05 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (2) Vineyards (43430 Stony)43510002784374 700017585033AG24 13.82 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (6) The Grove (44225 Deep Cyn)43510002814374 700017585033AG24 14.05 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (15) Presidents Plaza III (73143514002824373 700017585033AG24 992.11 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (23) Presidents Plaza III (73143514002824373 700017585033AG24 15.22 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (17) Portola Place (44221)43510002834374 700017585033AG24 14.05 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (9) Kaufman/Broad (73502 FS)43510002854374 700017585033AG24 15.01 09/12/202402004273 SOUTHERN CALIFORNIA EDISONW1 (16) Palm Desert CC (77925 Sta43510002994374 700017585033AG24 20.73 09/12/202402004274 SRSD CONSULTING LLCW1 Coaching Sessions43090001104154 E41918E0-0002 500.00 09/12/202402004275 ST. FRANCIS ELECTRIC LLCW1 24/25 TRAFFIC SIGNAL PM AND RE43325001104250 20016889 447.00 09/12/202402004276 THE DAVID NORMAN TOFANELLIW1 EMS (3/8/24) RUN (178699)34124002300000 2024036273 2,007.78 09/12/2024Report Date 9Page City and Housing Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 79 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/12/2024 - 9/12/2024 City of Palm Desert Account Number 09/12/202402004277 TOPS N BARRICADES INC.W1 EMPLOYEE SAFETY T-SHIRTS42140001104310 1108794 194.76 09/12/202402004277 TOPS N BARRICADES INC.W1 STREET SIGN SUPPLIES42190001104310 1108795 611.56 09/12/202402004277 TOPS N BARRICADES INC.W1 PAINT AND SAFETY GLOVES42190001104310 1108906 1,044.00 09/12/202402004278 TPX COMMUNICATIONSW1 Internet/Phone Svcs AUG2443650001104190 181217011-0 7,272.91 09/12/202402004279 ULINE INCW1 Office Supplies42110002524662 182088084 404.74 09/12/202402004280 URBAN SDK INCW1 Software Subscription43042001104210 1488 15,000.00 09/12/202402004281 WILLDAN ENGINEERINGW1 Plan Review & Insp-JUL 2443010001104420 002-32501 7,032.50 09/12/202402004282 WITTMAN ENTERPRISES LLCW1 AUG24 EMS BILLING SERVICES43090002304220 24080547 16,885.00 09/12/202402004282 WITTMAN ENTERPRISES LLCW1 JUL24 EMS BILLING SERVICES43090002304220 24070547 15,864.00 Examined and Approved Total For Bank ID - W1 576,365.94City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 09/12/2024Report Date 10Page City and Housing Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 80 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 9/13/2024 - 9/13/2024 City of Palm Desert Account Number 09/13/202402004283 CEJA, ERICW1 IEDC 2024 9/18/2443120001104430 ADV LDG 9/18/24 650.08 09/13/202402004283 CEJA, ERICW1 IEDC 2024 9/18/2443120001104430 ADV PDM 9/18/24 276.50 Examined and Approved Total For Bank ID - W1 926.58City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 09/13/2024Report Date 1Page City and Housing Docusign Envelope ID: 0C94EC2B-7241-4633-AF77-C95DFCAFDB38 81 82 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Julia Breyer, Management Analyst Martin Alvarez, Director of Public Works SUBJECT: RESOLUTION TO APPROVE THE ARTIFICIAL TURF/SYNTHETIC GRASS ADMINISTRATIVE POLICY NO. PW-001 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW -001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS -OF-WAY.” BACKGROUND/ANALYSIS: On December 14, 2023, the City Council received a study session presentation regarding the use of artificial turf/synthetic grass. During that meeting, the City Council discussed concerns regarding artificial turf/synthetic grass and directed staff to conduct research and return with a policy at a future meeting. In 2016, Senate Bill 676 (SB 676) was adopted , encouraging the transition to landscape alternatives that use less water, such as artificial turf/synthetic grass. However, in October 2023, SB 676 was amended and approved by the Governor, stating that artificial turf/synthetic grass is no longer an acceptable form of drought-tolerant landscaping. Significant environmental issues have been identified with these installations, including water and soil pollution from synthetic grass and artificial turf debris, increased stormwater runoff from insufficient ground percolation, and a lack of recyclability. Pursuant to Government Code section 53087.7, cities may prohibit the installation of artificial turf/synthetic grass on residential property. Government Code Section 53087.7: (a) A city, including a charter city, county, or city and county, shall not enact any ordinance or regulation, or enforce any existing ordinance or regulation, that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. (b) For the purposes of this section, “drought-tolerant landscaping” shall not include the installation of artificial turf/synthetic grass. Following feedback from the City Council and additional research, City staff developed an Artificial Turf/Synthetic Grass Administrative Policy. The policy states that the City will no longer utilize artificial turf/synthetic grass in public rights-of-way, including medians, parkways, landscaped areas around public facilities, and City parks. Artificial turf/synthetic grass acts as a barrier, limiting the absorption of groundwater and leading to pooling and increased runoff during storm events. Additionally, artificial turf/synthetic grass products may contain plastics, nylon, and crumb rubber materials that degrade over time, potentially leaching into the environment and harming the City's ecosystem and watershed. 83 City of Palm Desert Recommend City Council Approve Administrative Policy Page 2 of 2 Artificial turf/synthetic grass is not recyclable and may contribute to plastic pollution and increased waste in landfills. Biodiverse landscapes containing native plants and vegetation help communities by strengthening the local ecosystems and building climate resilience. Currently, the only remaining section of artificial turf/synthetic grass in the City is in the median at El Paseo and San Pablo. This artificial turf/synthetic grass will be replaced once it reaches the end of its anticipated lifespan, which the City expects to occur within the next 1 to 2 years. In preparation for this, City staff are developing a comprehensive landscape master plan that will address medians throughout the City, including the area currently featuring the artificial turf. This plan will guide the replacement and enhancement of this median with a new, sustainable solution. The administrative policy specifically applies to City public rights -of-way, medians, parkways, landscaped areas around public facilities, and City parks. It also reinforces the City's commitment to water conservation and environmental preservation. Theref ore, City staff recommends that the City Council adopt the resolution to approve the artificial turf and synthetic grass policy. Legal Review: This report has been reviewed by the City Attorney’s office. Appointed Body Recommendation: At the February 27, 2024, and August 26, 2024, Resource Preservation and Enhancement Committee meetings, the Committee reviewed and supported the recommendation for City Council to adopt the resolution to approve the artificial turf/synthetic grass policy. . FINANCIAL IMPACT: There is no financial impact associated with the adoption of the resolution and approval of the administrative policy. ATTACHMENTS: 1. Resolution a. Exhibit A, Administrative Policy (PW -001) 84 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW- 001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY WHEREAS, California Constitution Article XI, Section 7, enable the City of Palm Desert (the “City”) to enact local planning and land use regulations; and WHEREAS, the City currently does not regulate the design, installation or use of artificial turf/synthetic grass within the City; and WHEREAS, it is known to the City that certain types of artificial grass/synthetic turf create impenetrable barriers that may prohibit or severely limit the absorption of ground water, and contribute to the risk of overwhelming the capacity of the City’s s tormwater drainage system; and WHEREAS, numerous studies indicate that artificial turf/synthetic grass can have a negative effect on the environment and pose certain health hazards such as creating “heat islands”, decreasing biodiversity, creating impenetrable barriers for ground water, releasing toxic chemicals, including those that are known to cause cancer, and creating burden on local landfills as non-biodegradable materials; and WHEREAS, the City desires to ensure its residents are adequately protected from the health and safety impacts that unregulated artificial turf/synthetic grass may pose to the City; WHEREAS, the City desires to formalize a policy to prohibit the use of artificial turf/synthetic grass in public rights of way; and WHEREAS, the City Council has been presented with a policy in the form attached to this Resolution as “Administrative Policy PW -001” and by this reference incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to establish and periodically review and update Administrative Policy PW -001. SECTION 3. The attached Administrative Policy PW -001 shall be added to the City’s Administrative Procedures. 85 Resolution No. 2024-____ Page 2 ADOPTED ON SEPTEMBER 26, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 86 Resolution No. 2024-____ Page 3 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 87 88 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Artificial Turf/Synthetic Grass in Public Rights-of-Way Policy No. PW-001 Date Issued: September 26, 2024 Approved by Resolution 2024-____ Authored by Public Works Department I. INTRODUCTION In December 2016, Legislature enacted Senate Bill (SB) 676 prohibiting local jurisdictions from enacting or enforcing any regulations that prohibit the installation of drought -tolerant landscaping, synthetic grass, or artificial turf on residential property. In accordance with Government Code Section 53087.7, the City has the authority to enact reasonable restrictions on the type of artificial turf/synthetic grass that may be installed and the design of its installation. II. PURPOSE The purpose is to protect and enhance the health, safety and general welfare of the City in addition to protecting the water usage and water quality to be consistent with the state and federal regulations and permits, including the Clean Water Act. A. Eliminating the discharge of debris from artificial turf/synthetic grass products, such as plastic blades, crumb rubber, nylon and other synthetic components, into stormwater runoff; B. Improve the absorption and retention of storm water through the use of natural drought-tolerant landscaping using living plant material; C. Eliminating solid waste generated by the disposal of synthetic grass and artificial turf products; D. Improving public health and safety by removing exposure to potential environmental carcinogens found in artificial turf/synthetic grass products. III. DEFINITIONS A. “Artificial Turf” and “Synthetic Grass” is artificial or synthetic non-organic material that simulates the appearance of organic sod, grass, or lawn ground cover, and includes outdoor plastic carpeting. Artificial turf/synthetic grass does not include painted natural organic grass or sod. 89 IV. GENERAL POLICY The use and installation of artificial turf and synthetic grass landscaping material is prohibited in City public rights-of-way. This includes but is not limited to medians, parkways, landscaped areas around public facilities, and city parks. This policy does not prohibit the use of artificial turf /synthetic grass for residential and private properties. The City may modify the policy from time to time as it may deem necessary or as required by law. 90 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Veronica Chavez, Director of Finance Clay von Helf, Information Technology Manager ASUBJECT: APPROVAL OF AGREEMENTS WITH WORKDAY, INC., RELATED TO THE IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM RECOMMENDATION: 1. Approve Agreements with Workday, Inc., for the acquisition and implementation of a new enterprise resource planning system. 2. Appropriate $393,353 to the Information Technology Special Programs Account Number 1104190-4390000 from unobligated General Fund Reserves for implementation, training, and 10% contingency. 3. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements. 4. Authorized the City Manager to execute the agreement, future amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: Like most organizations of its size, the City uses specialized software to record financial transactions and manage human resources. These types of systems are referred to as Enterprise Resource Planning (ERP) systems. The City’s current ERP system is commonly referred to as Finance Enterprise. Finance Enterprise (FE) was implemented in 2015. Over time, FE has remained substantially unchanged and no longer meets current technology standards. Additionally, support for the current product is expected to be discontinued soon, ultimately requiring migration to a new system. In the meantime, FE remains inefficient and outdated, requiring other systems to digitize processes and generate necessary reports, which increases the risk of errors . Staff has maximized efficiencies within the current system, but ongoing customer support challenges and a lack of investment from Finance Enterprise make further innovation impossible. Staff has been researching and reviewing demo nstrations from various ERP systems available to local governments. A Request for Information (RFI) was conducted in 2022 to identify programs that could best fit the City’s needs. However, staff was not impressed with the response and decided to continue using FE until a more innovative solution was found. Soon after, staff began hearing positive feedback about Workday. At the time, Workday did not work with smaller cities as their robust government program had been developed for counties and 91 City of Palm Desert Approve Agreement with Workday for ERP System Implementation Page 2 of 4 cities. In late 2023, staff learned that Workday had developed a new product intended for mid - size cities like Palm Desert (less than 300 employees). A demonstration from Workday, tailored to address the City’s specific needs and issues, was requested. Over the past few months, Workday has provided multiple demonstrations, training sessions, and both virtual and in-person meetings to ensure we had the information necessary to make an informed recommendation for implementation. Some of the key benefits and reasons for the selection of the Workday proposal include the following: Workday is a significant provider to corporations worldwide that has successfully moved into the public sector over the last decade. Some of their municipal clients in California now include the cities of Los Angeles, Ontario, San Mateo, Rancho Cucamonga, and the County of Santa B arbara. Staff has met with both Ontario and Rancho Cucamonga and received excellent feedback on the system, the implementation partners, and ongoing support. The system is independently audited annually for security standards, uses state of the art encryption technology, and a cloud based system architecture to provide excellent security, continuity, maximum system uptime, and full functionality from any location- including mobile devices. Workday’s delivered functionality would allow the City to decommission other systems, resulting in savings from reduced systems costs and improved efficiencies. Workday is a Cooperative Purchasing Partner within OMNIA, which is a national cooperative purchasing agreement and satisfies bidding requirements p ursuant to Section 3.30.160 of the Palm Desert Municipal Code. Workday also provided a Functional Capabilities Assessment to determine the current state of our system and the improvements available through Workday and their program that offers innovation and best practices. The assessment revealed that current systems are currently at an innovation standstill, have many operating inefficiencies due to our current system limitations, reduced engagement of staff due to difficulties in finding information, and increased risk of error throughout the organization due to other systems and/or human error. Attached is the presentation provided by Workday with some of the results, as well as quotes from staff from their surveys. On a scale of “Foundational” to “Leading” (Low to High), the surveys showed that our current system provides Foundational to Intermediate functionality. The intermediate functionality seems to be where other systems are used to improve capabilities. By implementing the Workday system, the City should see value in 1) optimized IT support, 2) less need for costly consultants and/or shadow systems, 3) empowered HR and Finance teams, 4) time saved on administrative work that is automated, 5) faster onboarding time to productivity, improved spend controls and greater visibility, and 6) increased ownership as a result of ease 92 City of Palm Desert Approve Agreement with Workday for ERP System Implementation Page 3 of 4 of use. Attached on Page 6 of the Workday presentation are statements of projected savings related to Key Operating Metrics that may be realized city-wide. The proposed master subscription agreement with Workday (Attachment A) includes three different order forms for (1) subscription rights, (2) training/library access, and (3) Workday Launch Implementation. Workday’s order form for subscription rights establishes a 10-year term with a final negotiated contract amount of $2,760,179. This long-term agreement will provide predictable costs for the Workday software subscription, resulting in savings for the City over the 10 years. Although the City does not typically enter into 10-year agreements with vendors, purchasing a new cloud - based ERP system is a time-intensive project that requires a substantial upfront investment. Cloud-based ERP systems like Workday are better suited for long-term contracts compared to older on-premises systems, which would require significant reinvestments in hardware and software upgrades approximately every five years. With Workday, the required semi -annual updates are included in the subscription, ensuring the City always has the most up -to-date version of the software. The implementation of Workday will be comprehensive, covering both HR and Finance components. It will include data transformation and conversion, configuration, third-party system integration, reporting, absence and benefits management, time tracking, payroll, core financials, procurement, planning and budgeting, and projects and grant management. Workday Launch Implementation: During the contract term, Workday will provide, for a fixed price based on the agreed-upon scope, professional services for the implementation of the Workday ERP system over two phases. The first phase would cover Human Capital Management, while the second phase will cover Financials, Planning, Procurement, and Grant Management. Staff is also seeking to contract with a third-party consultant to prepare for the implementation, increasing the potential for early success . The table below summarizes the anticipated timeline for the implementation phases. Start Date Go Live End Post-Production Support Phase 1 January 13, 2025 December 19, 2025 January 30, 2026 Phase 2 September 20, 2025 June 30, 2026 July 31, 2026 During the implementation of ERP systems, it is not uncommon for situations to arise or new facts to come to light that require a change in the scope of the project. As a result, staff recommends a contingency of $305,266 (10%). The Workday ERP system does not include a cashiering system, as most large cities have utility billing systems or other specialized systems, making this redundant. Therefore, staff has begun demonstrations to address this need. The efficiencies a Point of Sale (POS) system can be recognized immediately in our current system, so we will begin that transition upon selection . 93 City of Palm Desert Approve Agreement with Workday for ERP System Implementation Page 4 of 4 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Funds in the amount of $1,594,580 were appropriated during the 2024 -25 Budget process for implementation based on initial estimates. Revised costs of implementation, training, support, and a 10% contingency for unforeseen circumstances and/or related auxiliary services now total $1,987,933. Therefore, an additional appropriation of $393,353 will be necessary from unobligated General Fund reserves. The annual software license fee is comparable to other recent innovative cloud-based technologies like Clairiti, which has an annual fee of $299,075. Although it is a jump from our current ERP system cost of $43,866 per year, it aligns with the current costs of other ERP systems in neighboring cities and estimates received through the 2022 RFI process, which averaged $275,000 per year. We will also recognize substantial cost savings, not only in staff time but also in eliminating duplicative shadow systems like Executime, OpenGov, and possibly NeoGov, which have combined annual license fee of $36,351 per year. Funds for the annual license fee are available in the Information Technology Software Subscriptions Account No. 1104190-4362001. ATTACHMENTS: 1. Workday Order Form 2. Master Service Agreement 3. Professional Service Agreement 4. Workday Service Level Availability Policy 5. Workday Functional Capabilities Assessment Results Component Year 1 Year 2 Year 3 Years 4-10 Total Training/Library 113,950 113,950 Launch Implementation 564,421 987,736 141,105 1,693,262 Total 678,371 987,736 141,105 - 1,807,212 10% Implementation Contingency 67,837 98,774 14,111 180,721 Total Amount Needed 746,208 1,086,510 155,216 - 1,987,933 Annual Subscription 251,125 251,125 282,241 1,975,688 2,760,179 Implementation Period 94 95 96 97 98 99 100 101 102 103 104 105 106 Note: Before reviewing the MSA terms, please review our FAQ at this link: ***********.workday.com/en-us/legal/universal-contract-terms-and-conditions/index.html ©2024 Workday v24.6H US and Canada Page 1 of 10 UMSA UNIVERSAL MAIN SUBSCRIPTION AGREEMENT This Universal Main Subscription Agreement (“MSA”) is between the Workday entity identified on the Signature Document or Order Form (“Workday”) and the legal entity signing the Signature Document or Order Form referencing the Agreement (“Customer”). The parties agree as follows: 1. Provision of Service. Workday shall make the Service available to Customer for use by Customer, its Affiliates and Authorized Parties for whom Customer enables access solely for the internal business purposes of Customer and its Affiliates, subject to this Agreement. 1.1 Invoices & Payment. All fees will be electronically invoiced to the Customer identified on the Order Form. All fees will be due and payable within 30 days of the invoice date, except fees subject to a reasonable and good faith dispute. Workday shall email invoices to Customer within 2 business days of the date of the invoice. Customer shall provide Workday with complete and accurate billing contact information including a valid email address. Upon Workday’s request, Customer shall make payments via electronic bank transfer. Except for a termination or refund in accordance with Section 7 (Indemnification) or Section 9.1 (Termination), all Order Forms are non-cancellable and all payments are non-refundable. Customer may not withhold, reduce, or set-off fees owed under this Agreement. 1.2 Suspension for Non-Payment. Except for fees subject to a reasonable and good faith dispute, if a payment is more than 90 days past due and Workday has provided at least 30 days’ written notice to Customer, Workday may suspend the Service, without liability to Customer, until such amounts are paid in full. 1.3 Taxes. Fees invoiced pursuant to this Agreement do not include, and may not be reduced to account for, any taxes, which may include local, state, provincial, federal or foreign taxes, withholding taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value-added taxes, excise, use, goods and services taxes, consumption taxes or similar taxes (collectively “Taxes”). Customer shall pay all Taxes imposed on the Service or any other services provided under this Agreement. If Workday has a legal obligation to pay or collect Taxes for which Customer is responsible under this Agreement, the appropriate amount will be computed based on Customer’s address listed in the Signature Document or Order Form for this Agreement which will be used as the ship-to address on the Order Form, and invoiced to and paid by Customer, unless Customer provides Workday with a valid tax exempt ion certificate authorized by the appropriate taxing authority to accounts.receivable@workday.com. 2. Customer Obligations. Customer shall have sole responsibility for (a) the accuracy, quality, and legality of all Customer Content, (b) any Non-Workday Content it installs, uses, or enables; (c) obtaining and verifying it has all authorizations, consents, and rights necessary to use the Service; (d) taking commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and shall notify Workday promptly of any unauthorized access or use; and (e) ensuring compliance with the Agreement and the AUP by its Affiliates and Authorized Parties, and any breach by its Affiliates or Authorized Parties will be deemed a breach by Customer. Customer shall not: (1) use the Service in violation of Laws or the Documentation; (2) in connection with the Service, send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights; (3) knowingly send or store Malicious Code in connection with the Service; (4) knowingly interfere with or disrupt performance of the Service or the data contained therein; or (5) attempt to gain access to the Service or its related systems or networks in a manner not set forth in the Documentation. During the applicable subscription Term, Workday reserves the right to suspend Customer’s access to an applicable Service in the event Workday reasonably determines such action is necessary to preserve the integrity and/or security of such Service or if Workday in good faith reasonably determines that Customer has violated the AUP; however, Workday will use commercially reasonable efforts under the circumstances to provide Customer with an opportunity to remedy such violation or threat prior to such suspension. Workday will use commercially reasonable efforts to minimize the length and scope of suspension in light of the circumstances. 107 ©2024 Workday v24.6H US and Canada Page 2 of 10 UMSA 3. Proprietary Rights. (a) Customer Ownership. As between Workday and Customer, Customer owns all right, title and interest to its Customer Content. Workday shall have the right to only use Customer Content to provide the Service (including Improvements), subject to this Agreement. (b) Workday Ownership. As between Customer, Workday, and Workday’s licensors, Workday or its licensors own all right, title and interest to the Service (including any third-party content Workday makes available through the Service) and Documentation, including all related Intellectual Property Rights. (c) Customer Input. Customer hereby grants Workday a royalty-free, worldwide, transferable, sub- licensable, irrevocable, perpetual license to use or incorporate into its services any Customer Input. Workday will have no obligation to make Customer Input an Improvement. Customer will have no obligation to provide Customer Input. 3.1 Restrictions. Customer shall not (a) modify, copy, or create derivative works based on the S ervice or Documentation; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Service or Documentation available to any third party other than to Authorized Parties as permitted herein; (c) reverse engineer or decompile any portion of the Service or Documentation, including but not limited to, any software utilized by Workday in the provision of the Service and Documentation, except to the extent required by Law; (d) access the Service or Documentation in order to build any commercially available product or service; or (e) copy any features, functions, integrations, interfaces or graphics of the Service or Documentation. Notwithstanding item (e), the Customer may make a reasonable number of copies of the Documentation for internal business purposes only. 4. Confidentiality. Each party (the “Recipient”) shall use the same degree of care that it uses to protect its own confidential information of like kind (but in no event using less than a reasonable standard of care) not to disclose or use any Confidential Information of the other party (the “Discloser”) except as reasonably necessary to perform the Recipient’s obligations or to exercise the Recipient’s rights under this Agreement or with the Discloser's prior written permission. For purposes of clarification, this Section 4 also applies to Confidential Information either party or its Affiliates shares with the other party or its Affiliates related to potential future subscription services. Either party may disclose Confidential Information on a need to know basis to its Affiliates, advisors, contractors and service providers, including third party submission tools or online portal providers required by the Recipient for internal business purposes (“Representatives”), who are bound by confidentiality obligations at least as restrictive as those in this section. The Recipient shall be responsible for any acts or omission of its Representatives with respect to protection of the Discloser’s Confidential Information. The parties agree that (a) the Recipient’s or its Representatives’ online portal terms conflicting with the terms of this Section 4 shall not be binding on the Discloser submitting its Confidential Information to the Recipient through the Recipient’s or its Representative’s online portal, (b) this Section 4 applies to all such Confidential Information disclosed to the Recipient through such online portals; and (c) the Recipient’s or its Representatives’ online portal terms conflicting with the terms of this Section 4 are superseded by this Agreement with respect to confidentiality obligations. To the extent required by Law, the Recipient’s disclosure of the Discloser’s Confidential Information will not be considered a breach of this Agreement if the Recipient promptly provides Discloser with prior notice of such disclosure (to the extent legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure. The Discloser may seek injunctive relief to enjoin any breach or threatened breach of this section, it being acknowledged by the parties that other remedies may be inadequate. 5. Protection and Security of Customer Content and Privacy. 5.1 Security Program and Audit Reports. Workday maintains a security program that conforms to the Workday Security Exhibit and Audit Reports (as set forth in the applicable Product Terms). Through Workday’s customer self-service systems or upon Customer’s written request, Workday shall make available to Customer Workday’s then-current Audit Reports for the applicable Service application to enable Customer to verify Workday’s compliance with its obligations under this Agreement. Audit Reports 108 ©2024 Workday v24.6H US and Canada Page 3 of 10 UMSA constitute Workday’s Confidential Information and are subject to the confidentiality terms in this Agreement or separate confidentiality agreement terms (as applicable). 5.2 Privacy. Personal Data will only be processed in accordance with the Data Processing Exhibit. 5.3 Unauthorized Disclosure. If either party becomes aware of a Security Breach, that party must promptly notify the other party, unless legally prohibited from doing so, within 48 hours or any shorter period required by Law except that Customer is not required to notify Workday unless Customer reasonably determines there is a threat to the Service. Additionally, each party shall reasonably assist the other party in mitigating any potential damage. As soon as reasonably practicable after any Security Breach, Workday shall conduct a root cause analysis and, upon request, shall share the results of its analysis and its remediation plan with Customer. Unless prohibited by Law, each party shall provide the other party with reasonable notice of and the opportunity to review and comment on the content of all public notices, filings, or press releases about a Security Breach that identify the other party by name prior to any such p ublication. 6. Warranties. Each party warrants that it has the authority to enter into this Agreement and, in connection with its performance of this Agreement, shall comply with all Laws. Workday warrants that during the applicable subscription Order Form term: (a) the overall Service (1) will not be materially decreased; and (2) will perform materially in accordance with the feature descriptions in the Documentation; and (b) to the best of Workday’s knowledge, the Service does not contain, and Workday will not knowingly introduce, any Malicious Code (collectively, the “Service Warranty”). Customer shall use commercially reasonable efforts to notify Workday in writing no later than 30 days after identifying a deficiency, but Customer’s failure to notify Workday within that period will not affect Customer’s right to receive warranty remedies unless Workday is impaired in its ability to correct the deficiency due to Customer’s failure to notify. Notice of breaches of the warranty under item (2) must be made through Workday’s then-current error reporting system; notices of breaches of any other warranty must be made in writing to Workday in accordance with the notice provisions of this MSA. The Customer’s exclusive remedy and Workday’s sole liability for breach of the Service Warranty are those described in Section 9.1 for the affected Service. 6.1 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKDAY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WORKDAY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO THE CUSTOMER. 7. Indemnification. 7.1 Workday Indemnity. Workday shall defend Customer, at Workday’s expense, against any third- party Claim brought against Customer alleging that the use of the Service as contemplated hereunder infringes that third party’s Intellectual Property Rights and shall indemnify and hold Customer harmless against any Losses arising from such third-party Claim. Workday will have no liability for Claims or Losses to the extent they arise from: (a) modification of the Service by anyone other than Workday; (b) use of the Service in a manner inconsistent with the Documentation or in violation of this Agreement; or (c) use of the Service in combination with any other product or service not provided by Workday. If Customer is enjoined from using the Service or if Workday reasonably believes it will be enjoined, Workday may, at its sole option, obtain for Customer the right to continue use of the Service or replace or modify the Service so that it is no longer infringing. If neither of the foregoing options is reasonably available to Workday, then either party may terminate the applicable Service and Workday’s sole liability, in addition to the inde mnification obligations in this section, will be to refund any prepaid Subscription Fees for the Service that was to be provided after the effective date of termination. 7.2 Customer Indemnity. Customer shall defend Workday, at Customer’s expense, from any third- party Claim against Workday arising from: (a) Customer Content; (b) data submitted by Customer, its Affiliates or its Authorized Parties pursuant to its use of the Service as contemplated under this Agreement, infringes or misappropriates such third-party’s Intellectual Property Rights; or (c) violations by Customer, its 109 ©2024 Workday v24.6H US and Canada Page 4 of 10 UMSA Affiliates or Authorized Parties of the AUP, and Customer shall indemnify and hold Workday harmless against any Losses relating to such third party Claim. 7.3 Conditions. The indemnitor’s obligations in Sections 7.1 and 7.2 are conditioned on the indemnitee: (a) promptly giving written notice of the third party Claim to the indemnitor (although a delay of notice will not relieve the indemnitor of its obligations under this section except to the extent that the indemnitor is prejudiced by such delay); (b) giving the indemnitor sole control of the defense and settlement of the third party Claim (although indemnitor may not settle any third party Claim unless it unconditionally releases indemnitee of all liability); and (c) providing to the indemnitor, at the indemnitor’s cost, all reasonable assistance. Sections 7.1 through 7.3 state each indemnitee’s exclusive remedies and the indemnitor’s sole obligations related to the subject matter of these sections. 8. Limitation of Liability. 8.1. LIMITATION OF LIABILITY. EXCEPT WITH RESPECT TO (A) DAMAGES CAUSED BY GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, (B) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, (C) CUSTOMER’S PAYMENT OBLIGATIONS AND (D) WORKDAY’S REMEDIATION OBLIGATIONS IN SECTION 8.3, THE FOLLOWING LIMITATION OF LIABILITY CAPS SHALL APPLY: IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING 12-MONTH PERIOD FOR THE SERVICE FROM WHICH THE CLAIM AROSE (“GENERAL CAP”), EXCEPT THAT FOR BREACH OF EITHER PARTY’S CONFIDENTIALITY, SECURITY, OR PRIVACY OBLIGATIONS, THE BREACHING PARTY’S TOTAL AGGREGATE LIABILITY WILL BE INCREASED TO FEES PAID OR PAYABLE UNDER THE AGREEMENT DURING THE IMMEDIATELY PRECEDING 24-MONTH PERIOD FOR THE SERVICE FROM WHICH THE CLAIM AROSE (“ENHANCED CAP”). 8.2 EXCLUSION OF DAMAGES. EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AND THE DIRECT DAMAGES IDENTIFIED IN SECTION 8.4, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE LIABILITY FOR LOST PROFITS OR REVENUES, LOSS OF USE OR DATA, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR COVER DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSIONS IN THIS SECTION WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CUSTOMER’S PAYMENT OBLIGATIONS WILL NOT BE CONSIDERED WORKDAY’S LOST PROFITS. 8.3 Workday Remediation Obligations. If unauthorized disclosure of or access to Personal Data is caused by Workday’s breach of its security, privacy, or data protection obligations under this Agreement, Workday shall pay the reasonable and documented costs incurred by Customer in connection with the following items: (a) costs of any required forensic investigation to determine the cause of the breach; (b) providing notification of the security breach to applicable government and relevant industry self-regulatory agencies, to the media (if required by applicable Law) and to individuals whose Personal Data have been disclosed or accessed (“Affected Individuals”); (c) providing a credit monitoring service to Affected Individuals who elect to receive it for a period of one year after the date on which such individuals were notified of the unauthorized disclosure or access, and (d) operating a call center to respond to questions from Affected Individuals for a period of one year after the date on which such individuals were notified of the unauthorized disclosure or access. Notwithstanding the forego ing, or anything in the Agreement to the contrary, Workday will have no responsibility to pay costs of remediation to the extent they are due to gross negligence, willful misconduct or fraud by Customer or its employees, agents or contractors or Authorized Parties. 8.4. Direct Damages. Subject to Section 8.1, and notwithstanding Section 8.2, if either party breaches its obligations under this Agreement, the following will be considered direct damages: (a) amounts paid to affected third parties as damages or settlements in response to Claims arising from the breach; (b) amounts paid for fines and penalties imposed by any governmental authority arising from the breach; and (c) reasonable legal fees to defend against third-party Claims arising from the breach. 110 ©2024 Workday v24.6H US and Canada Page 5 of 10 UMSA 9. Term. The term of the Agreement commences on and continues from the Effective Date (as defined in the Signature Document) until all Order Forms have expired or otherwise been terminated, unless extended pursuant to the written agreement of the parties (“Term”). Subscriptions to the Service commence on the date and are for the period set forth in the applicable Order Form. 9.1 Termination. Either party may terminate the Agreement: (a) upon 30 days’ prior written notice to the other party for a material breach by the other party if such breach remains uncured at the expiration of such notice period; or (b) to the extent permitted by Law, immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. For clarity, (1) Customer shall have the right to terminate the affected Service for a breach of Service Warranty pursuant to Section 9.1(a) above; and (2) a breach or termination of any PSA or SOW will not be considered a material breach or termination of this Agreement. If the Agreement is terminated, all Order Forms are simultaneously terminated and Customer shall, as of the date of any termination, immediately cease accessing and otherwise utilizing the Service (except as permitted under Sections 9.2 and 9.3) and Workday Confidential Information. Upon termination by Customer pursuant to this section, Workday shall refund Customer any prepaid Subscription Fees for the affected Service that was to be provided after the effective date of termination. Termination for any reason will not relieve Customer of the obligation to pay any Subscription Fees accrued or due and payable to Workday prior to the effective date of termination and termination for any reason other than for uncured material breach by Workday or as otherwise stated in this Agreement will not relieve Customer of the obligation to pay all future amounts due under all Order Forms. 9.2 Retrieval of Customer Content. Upon Customer’s written request made on or prior to expiration or termination of the Agreement (including any Transition Period), Workday shall give Customer limited access to the Service for a period of up to 60 days, at no additional cost, solely for purposes of retrieving Customer Content (“Retrieval Period”). After such Retrieval Period (or if no Retrieval Period, after termination or expiration of the Agreement or Order Form) and subject to Workday’s legal obligations, Workday has no obligation to maintain or provide any Customer Content and shall, unless legally prohibited, delete Customer Content by deleting the Customer’s applicable Instance; provided, however, that Workday will not be required to remove copies of the Customer Content from its backup media and servers until such time as the backup copies are scheduled to be deleted, provided further that in all cases Workday shall continue to protect the Customer Content in accordance with the Agreement. Customer Content will be made available for retrieval through extraction in a machine readable format as described in the Documentation. 9.3 Transition Period Before Final Termination. If this Agreement is terminated and Customer submits a written request to Workday prior to any such termination for a one-time transition period, Workday shall continue to provide the Service for up to 3 months after the effective date of such termination (the “Transition Period”). Monthly fees for the Transition Period will be 1/12 of the immediately preceding twelve-month period plus an additional 5%. If Customer requests transition assistance during the Transition Period, Workday shall provide consulting cooperation and assistance regarding the Service as set forth in a statement of work, governed by a professional services agreement, at Workday’s then-current rates for consulting services unless a different rate is mutually agreed upon by the parties. Notwithstanding the foregoing, if Workday is enjoined from performing, or termination of the Agreement was due to Customer’s breach, Workday has no obligation to perform under this section unless it receives (a) payment of all fees not subject to reasonable and good faith dispute, (b) prepayment of fees for further services, and (c) certification of ongoing compliance with the terms of this Agreement during the Transition Period. 9.4 Surviving Provisions. Sections 1.1, 3, 4, 5 (for so long as Workday retains Customer Content), 6.1, 7, 8, 9.2, 9.3, 9.4, 10 (except 10.2 and 10.10), and 11 will survive any termination or expiration of this Agreement. 10. General Provisions. 10.1 Relationship of the Parties. The parties are independent contractors. This Agreement does not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to the Agreement. 111 ©2024 Workday v24.6H US and Canada Page 6 of 10 UMSA 10.2 Insurance. Workday shall maintain, at its own expense, the types of insurance coverage specified below, on standard policy forms and with insurance companies with at least an A.M. Best Rating of A-VII at the time of policy inception. Upon Customer’s written request, Workday shall provide a certificate of insurance evidencing the following coverages: (a) Workers’ Compensation insurance prescribed by applicable local law and Employers Liability insurance with limits not less than $1,000,000 per accident/per employee. This policy shall include a waiver of subrogation against Customer, except for those monopolistic states that do not allow it; (b) Commercial General Liability insurance including Contractual Liability Coverage, with coverage for products liability, completed operations, property damage and bodily injury, including death, with an aggregate limit of no less than $2,000,000. This policy shall include Customer under a blanket additional insured endorsement with respect to the provision of services provided under this Agreement; and (c) Technology Professional Liability Errors & Omissions policy (which includes Cyber Risk coverage and Computer Security and Privacy Liability coverage) with a limit of no less than $10,000,000 per occurrence and in the aggregate. Limits for Employers Liability and Commercial General Liability may be achieved through a combination of primary and excess liability/umbrella policies to reach the level of coverage shown above. Should any of the above described policies be canceled before the expiration date thereof, notice will be delivered to Workday in accordance with policy provisions. 10.3 Notices. Unless expressly stated otherwise, all notices under this Agreement must be in writing and will be deemed to have been given upon: (a) personal delivery; and (b) the third business day after first class mailing. Notices to Workday must be sent to the address shown in the Signature Document addressed to the attention of its Legal Department with a copy sent by email to legal@workday.com. Notices to Customer must be sent to the address shown in the Signature Document addressed to Customer’s signatory of this Agreement. Each party may modify its recipient of notices by providing notice pursuant to this Agreement. 10.4 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right or any other right. Other than as expressly stated, the remedies provided in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity. 10.5 Force Majeure. Neither party will be liable for any failure or delay in performance under this Agreement caused by unforeseeable events beyond that party’s control and where the failure or delay is through no fault of the affected party and could not have been reasonably avoided (“Force Majeure”). Dates by which performance obligations are scheduled to be met will be extended for a period equal to the time lost due to any delay so caused, provided that notice of the Force Majeure event is given in writing within 15 days after the Force Majeure event begins. Such notice shall identify the nature of the Force Majeure event, its expected duration and the probable impact on the performance of the affected party’s obligations. 10.6 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent must not be unreasonably withheld or delayed). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms) upon written notice without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets so long as the assignee: (a) is an entity registered in a territory in which Workday is approved to provide the Service; and (b) agrees to be bound in writing by all of the terms of this Agreement and all past due Subscription Fees are paid in full. Any attempt by a party to assign its rights or obligations under this Agreement other than as permitted by this section will be void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. 10.7 Governing Law; Waiver of Jury Trial. This Agreement, and all Claims relating to or arising from this Agreement, are governed exclusively by laws of the State of New York, without regard to its conflicts of laws rules. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 10.8 Export. Each party shall comply with the applicable export laws and regulations of the United States and other applicable jurisdictions in providing and using the Service. Without limiting the generality of the foregoing, Customer shall not make the Service available to any person or entity that: (a) is located 112 ©2024 Workday v24.6H US and Canada Page 7 of 10 UMSA in a country that is subject to a U.S. government embargo; (b) is listed on any U.S. government list of prohibited or restricted parties; or (c) is engaged in activities directly or indirectly related to proliferation of weapons of mass destruction. 10.9 Anti-Corruption. Each party shall comply with all applicable anti-corruption Laws, in relation to this Agreement. Each party agrees that it will not offer to pay or give anything of value to anyone, including foreign governmental officials or related persons or entities on either party’s behalf to corruptly: (a) influenc e any official act or decision; (b) secure any improper advantage; (c) obtain or retain business, or direct business to any person or entity; or (d) for the purpose of inducing or rewarding any favorable action in any matter related to the subject of this Agreement or the business of either party. Each party further agrees to keep accurate books and records in relation to this Agreement. Each party further agrees to cooperate with the other party in any anti-corruption due diligence process and/or investigation in relation to this Agreement. 10.10 Federal Government End Use Provisions (if applicable). Workday provides the pre-existing, commercial Service, including related software and technology, for federal government end use solely in accordance with the terms and conditions of this Agreement, and Workday provides only the technical data and rights as provided herein. If a government agency has a “need for” rights not conveyed under these terms, it must negotiate with Workday to determine whether there are acceptable terms for transferring additional rights. A mutually acceptable addendum specifically conveying such rights must be executed by the parties in order to convey such rights beyond those set forth herein. For avoidance of doubt, Workday does not currently provide the Service for use in furtherance of a federal prime or subcontract. 10.11 Local Law Requirements: Canada. With respect to Customers domiciled in Canada, the following provisions shall apply: (a) Choice of Language. The parties accept that the terms of this Agreement be drafted in English. Les parties acceptent que les conditions des présentes soient rédigées en anglais. (b) Gross Negligence. “Gross Negligence” means any act or failure to act in breach of a duty of care that was intended to cause harm, which rises to the level of intentional wrongdoing, or was reckless in regard of or wanton indifference to the harmful and foreseeable consequences of such act or failure to act but does not include an act or failure to act that constituted merely a lack of due care (or a contractual breach alone). 10.12 Workday SLA Service Credits. If, in any rolling six-month period, Workday fails to meet the monthly commitments for Service Availability or Service Response (as applicable) described in the applicable Product Terms SLA (a “Failure”), Customer may request the following remedies no later than 30 days after the applicable Failure occurs: (a) a meeting to discuss possible corrective actions for the first Failure; (b) a 10% Service Credit for a second Failure; (c) a 20% Service Credit for a third Failure; and (d) a 30% Service Credit for a fourth Failure. In this Agreement, “Service Credit'' means a credit equal to the stated percentage of the applicable monthly Subscription Fee for the affected Service. Workday shall deduct the highest applicable Service Credit from the next invoice for Subscription Fees or, if there is no subsequent invoice, shall refund the Service Credit to the Customer. The remedies in this section are the Customer’s exclusive remedies for any Failure. 10.13 Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. In the event of a conflict, the provisions of an Order Form will take precedence over provisions of this MSA and over any other exhibit or attachment. Customer acknowledges that it has had the opportunity to review all exhibits and attachments hereto. This Agreement supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter and is entered into without reliance on any promise or representation other than those expressly contained in this Agreement. Except as otherwise stated in the Agreement, no modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Notwithstanding anything to the contrary in this Agreement, no terms or conditions in a Customer purchase order or in any other Customer order 113 ©2024 Workday v24.6H US and Canada Page 8 of 10 UMSA documentation will be incorporated into or form any part of this Agreement, and all such terms or conditions will be null and void. Purchase orders are for administrative convenience only and Workday may issue an invoice and collect payment without a corresponding purchase order. Customer’s failure or delay to issue a purchase order shall not extend the payment due date. If a purchase order is required, it must be sent by email to accounts.receivable@workday.com 10 business days prior to the date the invoice is issued in order to be included on the related invoice. This Agreement may be executed in counterparts and/or by electronic signatures. 11. Definitions. The following definitions shall apply to this Agreement. “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control by either party. For purposes of the preceding sentence, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. “Agreement” means this Main Subscription Agreement, including the SLA, Security Exhibit, Data Processing Exhibit, Business Associate Exhibit, and any other exhibits, addenda, or attachments hereto, and any fully executed Order Form. “Audit Reports” means the (a) most recently completed security audit reports and (b) other security relevant assessment reports and certifications for the applicable Service (as identified in the Product Terms) that are prepared by Workday’s independent third party audit or obtained by Workday from other independent third parties, which may be updated by Workday from time to time. No update will materially decrease the protections provided by the controls set forth in the applicable Audit Report during the Term. “AUP” means the acceptable use policy for the applicable Service located at https://www.workday.com/en- us/legal/universal-contract-terms-and-conditions/index.html. “Authorized Parties” means Customer’s or an Affiliate’s workers and third party providers who are authorized by Customer (a) in writing, (b) through the Service’s security designation, or (c) by system integration or other data exchange process to access Customer’s Instance or receive Customer Content. “Claim” means a claim, demand, lawsuit or other legal proceeding brought against a party to this Agreement. “Confidential Information” means (a) any software utilized by Workday in the provision of the Service and its respective source code; (b) Customer Content; (c) each party’s business or technical information, including but not limited to the Documentation, training materials, any information relating to software plans, designs, costs, prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how and other significant and valuable business information that would otherwise be considered to be trade secrets under Law, that is designated by the disclosing party as “confidential” or “proprietary” or the receiving party knows or should reasonably know is confidential or proprietary; and (d) the negotiated terms, conditions and pricing of this Agreement (but not its existence or parties). Confidential Information does not include any information that, without the Recipient’s breach of an obligation owed to the Discloser: (1) is or becomes generally known to the public; (2) was known to Recipient prior to disclosure by Discloser; (3) was independently developed by Recipient; or (4) is received by Recipient from a third party. Customer Content will not be subject to the exclusions set forth in this definition. “Customer Content” means electronic data or information submitted to the Service by Customer or Authorized Parties. “Customer Input” means suggestions, enhancement requests, recommendations or other feedback provided by Customer, its users and/or Authorized Parties relating to the operation or functionality of the Service. “Data Processing Exhibit” or “DPE” means the Universal Data Processing Exhibit located at ***********.workday.com/en-us/legal/universal-contract-terms-and-conditions/index.html, which may be updated by Workday from time to time to comply with applicable Data Protection Laws applicable to Workday as a Data Processor. No update will materially decrease Workday’s Data Processor obligations under the DPE. 114 ©2024 Workday v24.6H US and Canada Page 9 of 10 UMSA “Documentation” means the then-current version of the Workday electronic Administrator Guide for the applicable Service application, which may be updated by Workday from time to time. “Enhanced Features” shall have the same meaning as set forth in the applicable Product Terms. “Improvements” means all improvements (including verification of such improvements), updates, enhancements (including Enhanced Features), error corrections, bug fixes, prevention of or addressing service or technical problems, release notes, upgrades and changes to the Service and Documentation, as developed by Workday and made generally available for Production use without a separate charge to Customers. “Instance” means a unique instance of the Service, with a separate set of Customer Content held by Workday in a logically separated database (i.e., a database segregated through password-controlled access). “Intellectual Property Rights” means any and all common law, statutory and other industrial property rights and intellectual property rights, including copyrights, trademarks, trade secrets, patents and other proprietary rights issued, honored or enforceable under any applicable laws anywhere in the world, and all moral rights related thereto. “Law” means any local, state, national and/or foreign law, treaties, and/or regulations applicable to the respective party. “Loss” means reasonable attorneys’ fees and any damages or costs finally awarded or entered into in settlement of a Claim. “Malicious Code” means viruses, worms, time bombs, Trojan horses and other malicious code, files, scripts, agents or programs. “Non-Workday Content” means a third-party product, web-based, offline, mobile, or other software application functionality or other content that is provided by Customer or a third party and interoperates with a Workday Service application. “Order Form” means the fully executed ordering document (including Product Terms) under which Customer subscribes to Service application(s) or other services. Order Forms do not include the terms of any preprinted terms on a Customer purchase order or other terms on a purchase order that are additional or inconsistent with the terms of this Agreement. “Personal Data” has the definition set forth in the DPE. “Product Terms” means the product terms for a specific Service application as identified via URL in or attached to the subscription Order Form, which may be updated by Workday from time to time; provided that no update will materially decrease the applicable security and privacy commitments and any such changes will not become effective until 30 days after publication of the updated Product Terms. “Production” means the Customer’s use of or Workday’s written verification of the availability of the Service (a) to administer its users (as identified in the applicable subscription Order Form); (b) to generate data for Customer’s books/records; or (c) in any decision support capacity. Production does not include sandbox, preview, or implementation Instance. “PSA” means the optional, separate, and independent professional services agreement between Customer and Workday related to Workday’s provision of implementation and other consulting services to Customer, subject to a statement of work (“SOW”). “Security Breach” means (a) any actual or reasonably suspected unauthorized use of, loss of, access to or disclosure of, Customer Content; provided that an incidental disclosure of Customer Content to an Authorized Party or Workday, or incidental access to Customer Content by an Authorized Party or Workday, where no reasonable suspicion exists that such disclosure or access involves theft, or is fraudulent, criminal or malicious in nature, shall not be considered a “Security Breach” for purposes of this definition, unless such incidental disclosure or incidental access triggers a notification obligation under any Law; (b) any Personal Data Breach as defined in the DPE; and (c) any security breach (or substantially similar term) as defined by Law affecting Customer Content. 115 ©2024 Workday v24.6H US and Canada Page 10 of 10 UMSA “Security Exhibit” means the Universal Security Exhibit located at https://www.workday.com/en- us/legal/universal-contract-terms-and-conditions/index.html, which may be updated by Workday from time to time. No update will materially decrease the protections provided by the controls set forth in the Security Exhibit during the Term. “Service” means the applicable Workday software-as-a-service application and Improvements (as described in the Documentation and Product Terms) as subscribed to under an Order Form. For purposes of clarification, Service excludes professional services, support services, training services, and Non- Workday Content. “Signature Document” means the document signed by the parties which lists all the terms and conditions forming part of this Agreement to which the parties agree to be bound. “SLA” means the Production support and service level availability policy for the Service application(s) identified in the applicable Product Terms, which may be updated by Workday from time to time. No update will materially decrease Workday’s responsibilities under the SLA. “Subscription Fees” means all amounts invoiced and payable by Customer for the applicable Service under an Order Form. 116 ©2024 Work day v24.4 US and Canada Page 1 of 4 Professional Services Agreement Professional Services Agreement This Professional Services Agreement (“PSA”) is between the Workday entity identified on the Signature Document (“Workday”) and the legal entity signing the Signature Document referencing this PSA (“Customer”). The parties agree as follows: 1. Terms of the MSA. This PSA incorporates the terms and conditions of the MSA and modifies certain of them to apply to Workday’s provision of Professional Services to Customer; however, this PSA is a separate and independent agreement and does not replace, modify, or amend the Agreement in any way. Capitalized terms used in this PSA that are not defined herein have the same meaning as set forth in the MSA. In the event of a conflict between any SOW, this PSA, and the MSA, the following order of precedence will control: (a) the SOW, (b) this PSA, and (c) the terms as stated in the MSA. 2. Interpretation. For purposes of this PSA and except as provided herein, (a) the terms “MSA” and “Agreement” in the MSA mean this PSA; (b) the term “Service” in the MSA means “Professional Services;” provided that the term “Service” as used in this PSA has the unmodified meaning set forth in the MSA; (c) the term “Order Form” in the MSA means “SOW;” (d) the terms “fees” and “Subscription Fees” in the MSA mean “Professional Services Fees;” (e) the terms “Customer Data” or “Customer Content” in the MSA mean “Professional Services Data;” and (f) the term “Signature Document” in the Tax section of the MSA means “applicable SOW.” Any reference in this PSA to a section title may refer to a similarly titled section. This Section does not apply to the DPE or Business Associate Exhibit. Neither the SLA nor any Service Credits apply to this PSA or to any Professional Services. Other replacement terms are set forth herein. 3. Provision of Professional Services. Workday will provide the Professional Services specified in each SOW. All changes to a SOW, including any changes to the Professional Services Fees, will be described in a mutually agreed document signed by the parties (a “Change Order”). 4. Invoices & Payment. The MSA Section titled “Invoices & Payment” applies to this PSA except that (a) the references to the Indemnification and Termination sections of the MSA refer to the sections in this PSA titled “Warranty, Remedies & Disclaimer,” “Indemnification,” and “Termination;” and (b) except for Professional Services Fees subject to a reasonable and good faith dispute, if a payment is more than 30 days past due and Workday has provided at least 30 days’ written notice to Customer, Workday may suspend the Professional Services, without liability to Customer, until such amounts are paid in full. 5. Customer Obligations. Customer has sole responsibility for (a) obtaining and verifying it has all authorizations, consents, and rights necessary for Workday and its subcontractors to Process Personal Data as reasonably required to perform Workday’s obligations hereunder; (b) the accuracy, quality, and legality of all Professional Services Data provided or made available to Workday to use in performing its obligations hereunder; and (c) ensuring compliance with the PS Agreement by its Affiliates, Authorized Parties, and subcontractors, where any breach of the PS Agreement by any of the foregoing will be deemed to be a breach by Customer. Customer will not use any Workday Property in violation of Laws. 6. Proprietary Rights. The MSA Section titled “Proprietary Rights” applies to this PSA except that: 6.1 the subsection titled “Workday Ownership” is replaced with the following: “(b) Workday Ownership and Customer License. As between Customer, Workday, and Workday’s licensors, Workday or its licensors own all right, title, and interest to the Workday Property.” Workday grants Customer a royalty-free, non-exclusive, non- sublicensable, and non-transferable (except as permitted by the section of the MSA titled “Assignment”) license to use the Workday Property incorporated into any Deliverable and Custom Integration (collectively, “Incorporated Workday IP”) solely for the internal business purposes of Customer and its Affiliates in connection with their authorized use of the Service as set forth in the MSA (the “License”)”; and 6.2 excluding the express rights granted in the License, with respect to any Workday Property, Customer will not engage, directly or indirectly, in any of the activities prohibited in the subsection of the MSA titled “Restrictions.” 7. Warranty, Remedies & Disclaimer. This Section replaces the sections of the MSA titled “Warranties.” Each party warrants that it has the authority to enter into this PSA and, in connection with its performance of this PSA, will comply with all Laws. Workday warrants that: (a) it will perform the Professional Services with reasonable skill and care, and (b) the professional staff it assigns to perform Professional Services will be competent and 117 ©2024 Work day v24.4 US and Canada Page 2 of 4 Professional Services Agreement properly qualified (the “Professional Services Warranty”). If Workday breaches the Professional Services Warranty, Workday will correct deficiencies at no additional charge to Customer, provided Customer gives Workday written notice of any deficiencies within thirty (30) days of delivery by Workday. If Workday is unable to correct the deficiencies after good faith efforts and at a commercially reasonable cost, Workday will refund Customer prorated amounts paid for the defective portion. The Section of the MSA titled “Disclaimer” applies to this PSA, subject to Section 2 (Interpretation). In addition, Workday does not warrant that any of the Professional Services or Deliverables provided will be error free or uninterrupted. Customer’s exclusive remedy and Workday’s sole liability for breach of the Professional Services Warranty are described in this Section. 8. Use of Subcontractors. In the course of providing the Professional Services, Workday is permitted to subcontract to any Workday Affiliate(s) and/or third parties (“Subcontractors”). Workday will be responsible for the acts and omissions of any Subcontractor in connection with its performance hereunder to the same extent as if the acts and omissions were performed by Workday. Customer agrees that Workday is permitted to provide any information to the applicable Subcontractors that is necessary to provide and administer the Professional Services. The terms of the DPE apply to Subcontractors to the extent they process Personal Data. Such Subcontractors are referred to in the DPE as “Subprocessors.” The Subprocessor List (currently located at ***********.workday.com/en-us/legal/subprocessors.html) identifies Workday’s Subprocessors as of the most recent update thereto. Protection and Security of Professional Services Data. For purposes of this PSA, the section of the MSA titled “Unauthorized Disclosure” applies to Professional Services Data processed by Workday in providing Professional Services. The relevant terms of the Security Exhibit and DPE apply to this PSA. If Customer’s DPE or Security Exhibit does not expressly cover Professional Services Data, “DPE” will mean the UDPE, and “Security Exhibit” has the meaning set forth below. 9. Indemnification. 10.1 The provisions of the MSA specifying Workday’s indemnification obligations apply to this PSA as follows: (a) “Deliverable” replaces “Service;” (b) without limiting the exclusions to indemnification set forth in the MSA, Workday will not be required to indemnify to the extent the Claim arising from information or requirements furnished by Customer; and (c) Customer’s remedy for Workday’s infringement is that if Customer is prevented from using a Deliverable, or Workday reasonably believes it will be prevented, Workday may, at its sole option and sole liability, and as Customer’s sole remedy, (i) obtain for Customer the right to continue to use the Deliverable; (ii) replace or modify the Deliverable so that it is no longer infringing; or (iii) if neither of the foregoing options is reasonably available to Workday, it will refund any fees paid by Customer for such Deliverable, and either party may terminate the applicable SOW or this PSA. 10.2 Any obligations of Customer to indemnify Workday under the MSA apply to this PSA with respect to any third party Claim alleging that Workday’s use as, reasonably required to perform the Professional Services, of any Professional Services Data or other data or material provided to Workday by Customer, its Affiliates, or its Authorized Parties infringes or misappropriates such third-party’s Intellectual Property Rights. 10.3 The terms and conditions of the MSA to obtain indemnification apply to this PSA. 10. Limitation of Liability and Damages. For purposes of this PSA: 11.1 The section of the MSA titled “Limitation of Liability” is replaced by the following section: “LIMITATION OF LIABILITY. SUBJECT TO THE EXCEPTIONS TO THE LIMITATION OF LIABILITY SET FORTH IN THE MSA, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS PSA, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE PROFESSIONAL SERVICES FEES PAID OR PAYABLE FOR THE PROFESSIONAL SERVICES PERFORMED UNDER THE SOW FROM WHICH THE CLAIM AROSE (“GENERAL CAP”). THE ENHANCED CAP SET FORTH IN THE MSA WILL APPLY (UP TO 24 MONTHS OF SUBSCRIPTION FEES) FOR EITHER PARTY’S BREACH OF ITS SECURITY, PRIVACY, AND/OR CONFIDENTIALITY OBLIGATIONS UNDER THIS PSA; PROVIDED THAT ANY AND ALL DAMAGES AWARDED TO THE OTHER PARTY UNDER THE ENHANCED CAP OF THIS PSA WILL DECREASE ON A LIKE FOR LIKE BASIS THE AMOUNT OF DAMAGES AVAILABLE TO SUCH PARTY UNDER THE ENHANCED CAP OF THE MSA.” 118 ©2024 Work day v24.4 US and Canada Page 3 of 4 Professional Services Agreement 11.2 The section of the MSA titled “Exclusion of Damages,” or “Exclusion” is not superseded by this Section. 11. Term. For purposes of this PSA, this section replaces the section of the MSA titled “Term” or “Term of Agreement.” This PSA is effective from the Effective Date through Term of the MSA unless earlier terminated as provided herein. 12. Termination. For purposes of this PSA, this section replaces the section of the MSA titled “Termination.” 13.1 Unless agreed by the parties in a SOW, Customer may terminate this PSA or any SOW at any time by giving Workday fifteen (15) days prior written notice of termination. Either party may terminate this PSA or any SOW for cause (a) upon 30 days’ prior written notice to the other party for a material breach by the other party if such breach remains uncured at the expiration of such notice period; or (b) to the extent permitted by Law, immediately for the reasons a party may immediately terminate the MSA. If: (i) Customer repeatedly fails to timely perform its obligations under this PSA or such SOW, or (ii) the information provided by Customer to Workday is materially inaccurate or incomplete, Workday may, in good faith, determine that Customer’s breach is material and not capable of cure. In addition, this PSA will terminate automatically upon termination of the MSA. Termination of this PSA automatically terminates all SOWs hereunder, unless expressly agreed by the parties in writing. A SOW may contain additional grounds upon which either party may terminate the SOW. 13.2 Upon termination of this PSA or any SOW, Workday will immediately cease performance of all Professional Services under the terminated document(s) and Customer will pay Workday within thirty (30) days of the effective date of termination for all Professional Services performed by Workday and all T&E incurred under the terminated document(s) up to the effective date of termination. All provisions of this PSA survive any termination or expiration of the MSA and/or this PSA, except for Workday’s obligations to provide Professional Services. If Customer terminates a fixed fee SOW, the unpaid fees for all Professional Services performed up to the date of termination that are not directly covered by any prior invoice or payment will be invoiced on a time and materials basis and no refunds will be provided. 13.3 Notwithstanding any other provision herein to the contrary, no termination or breach of this PSA or any SOW hereunder by either party for any reason will terminate or give either party the right to terminate the MSA or any Order Forms thereto, or the right to seek or collect damages thereunder. 13. Deletion of Professional Services Data. Workday will delete the Professional Services Data by deleting Customer’s files on the File Transfer Server. Workday is not required to remove copies of the Professional Services Data from its backup files until such time as the backup files are scheduled to be deleted and will continue to prot ect such Professional Services Data in accordance with the MSA until it is deleted. 14. Federal Government End Use Provisions (if applicable). For purposes of this PSA, this Section supersedes and replaces any section of the MSA titled “Federal Government End Use Provisions.” Workday provides Professional Services for federal government end use solely in accordance with the terms and conditions of this PSA, and Workday provides only the technical data and rights as provided herein. If a government agency has a “need for” rights not conveyed under these terms, it must negotiate with Workday to determine whether there are acceptable terms for transferring additional rights. A mutually acceptable addendum specifically conveying such rights must be executed by the parties in order to convey such rights beyond those set forth herein. For avoidance of doubt, Workday does not currently provide Professional Services for use in furtherance of a federal prime or subcontract. All Professional Services provided by Workday hereunder are incidental to the purpose of providing the Service. Additionally, at least 95% of the work performed under this PSA will be performed by employees who are exempt under the Fair Labor Standards Act. For these reasons, neither the Service Contract Act nor its regulations apply to Workday’s performance under this PSA. 15. Canadian Law Requirements. 15.1 Choice of Language. The parties accept that the terms of this PSA be drafted in English. Les parties acceptent que les conditions des présentes soient rédigées en anglais. 15.2 “Gross Negligence” has the meaning set forth in the MSA. 119 ©2024 Work day v24.4 US and Canada Page 4 of 4 Professional Services Agreement 16. Governing Law and Jurisdiction. This PSA is governed exclusively by the laws of jurisdiction applicable to the MSA. The parties irrevocably submit to the exclusive jurisdiction of the courts or other tribunal specified in the MSA. 17. Definitions. “Business Associate Exhibit” means the Business Associate Exhibit or Business Associate Agreement (as applicable) between the parties, if any. “Custom Integration” means any integration or interface between any third party application or service provider and the Service that are developed by (a) Customer or a third party acting on Customer’s behalf pursuant to a separate third party agreement (“Customer-provided Custom Integration”), or (2) Workday pursuant to a SOW (a “Workday-developed Custom Integration”). Custom Integrations are deployed, maintained, and supported by Customer and are not part of the Service. “Deliverables” means the training, specifications, configurations, implementation, data conversions, workflow, integrations, performance capabilities, and any other activity or document to be provided to Customer by Workday under a SOW. “File Transfer Server” means a server provided and controlled by Workday using secure file transfer (or successor protocol) to transfer the Professional Services Data between Customer and Workday. “MSA” means the agreement so named or the primary subscription agreement between Customer and Workday or a Workday Affiliate. “Personal Data Breach,” if not defined in the DPE, means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data. “PS Agreement” means this PSA and any other appendices, exhibits, addenda, or attachments hereto, and any fully executed SOW. “Professional Services” means the professional services and any Deliverables to be provided by Workday as specified in a SOW. “Professional Services Data,” if not defined in the DPE, means electronic data or information that is provided to Workday hereunder for the purpose of being input into a Service, or any other Covered Data accessed within or extracted from a Service to perform the Professional Services. “Professional Services Fees” means the amounts to be paid for the Professional Services as set forth in the applicable SOW. “Security Exhibit” means the Universal Security Exhibit located at https://www.workday.com/en-us/legal/universal- contract-terms-and-conditions/index.html, which may be updated by Workday from time to time. No update will materially decrease the protections provided by the controls set forth in the Security Exhibit during the Term. “SOW” means each separate statement of work fully executed by the parties that refers to this PSA. “UDPE” means Universal Data Processing Exhibit located at https://www.workday.com/en-us/legal/universal- contract-terms-and-conditions/index.html, which may be updated by Workday from time to time to comply with applicable Data Protection Laws applicable to Workday as a Data Processor. No update will materially decrease Workday’s Data Processor obligations under the DPE. “Workday Property” means the Deliverables and Workday-developed Custom Integrations (excluding Customer Confidential Information contained therein), recommendations, ideas, techniques, know-how, methodologies, designs, programs (including custom-developed programs), computer algorithms, technical information, development tools, processes, integrations, enhancements, training, specifications, configurations, implementation, data conversions, workflows, performance capabilities, domain names, and all other documents, information, and material developed at any time by Workday and co-developed by the parties hereunder, including all Intellectual Property Rights therein. 120 Workday Production Support and Service Level Availability Policy (SLA) ©2024 Workday v24.2 Page 1 of 5 )X 100% > 99.9% Workday’s Service is based on a multi-tenanted operating model that applies common, consistent management practices for all customers using the service. This common operating model allows Workday to provide the high level of service reflected in our business agreements. This document (the “SLA”) communicates Workday’s Production Support and Service Level Availability Policy for its customers. Capitalized terms, unless otherwise defined herein, shall have the same meaning as in the primary Service subs cription agreement between Workday and Customer (“MSA”). 1.Service Availability: Workday’s Service Availability commitment for a given calendar month is 99.9%. Service Availability is calculated per month as follows: Total – Unplanned Outage – Planned Maintenance Total – Planned Maintenance Definitions: ●Total is the total minutes in the month ●Unplanned Outage is total minutes that the Service is not available in the month outside of the Planned Maintenance window ●Planned Maintenance is total minutes of planned maintenance in the month Currently, Planned Maintenance is three (3) hours for weekly maintenance, plus four (4) hours for monthly maintenance, plus four (4) hours for quarterly maintenance. The Planned Maintenance windows can be found at Workday Scheduled Maintenance (https://community.workday.com/node/521701). All times are subject to change upon 30 days’ notice provided via the Workday Community site (“Community”) and any such change shall not lengthen the duration of the associated maintenance window. If actual maintenance exceeds the time allotted for Planned Maintenance, it is considered an Unplann ed Outage. If actual maintenance is less than time allotted for Planned Maintenance, that time is not applied as a credit to offset any Unplanned Outage time for the month. The measurement point for Service Availability is the availability of the Product ion Tenants at the Production data center’s Internet connection points. Upon Customer request not more than once per month via the Workday case management system on Community, Workday will provide a Service Availability report. 2.Workday Feature Release and Service Update Process: Periodically, Workday introduces new features in the Service with enhanced functionality across Workday applications. Features and functionality will be made available as part of a major feature release (“Feature Release”) or as part of weekly service updates (“Service Updates”). Feature Releases will take place approximately twice per year. The frequency of Feature Release availability may be increased or decreased by Workday at Workday’s discretion with at least 30 days’ prior notice to Customer on Community. Specific information and timelines for Feature Releases and Service Updates can be found on Community. Feature Releases will be performed during a weekend within any Planned Maintenance. 3.Service Response: Workday’s Service Response commitment is: (1) not less than 50% of online transactions in one second or less and (2) not more than 10% in 2.5 seconds or more. “Service Response” means the processing time of the Workday Production Tenants in the Production data center to complete transactions submitted from a web browser. This Service Response commitment excludes online requests processed via background jobs, Workday Web Services, Innovation Services, Enhanced Features, or as analytics. ( 121 Workday Production Support and Service Level Availability Policy (SLA) ©2024 Workday v24.2 Page 2 of 5 The time required to complete the request is measured from the point in time when the request has been fully received by the encryption endpoint in the Production data center, until the response begins to be returned for transmission to Customer. Customer may request a Service Response report not more than once per month via Community. Customers may impact their own Service Response time by launching custom reports and integrations in excess of the limits set forth on Community. Workday may enforce reasonable and documented system limi ts to serve as guardrails for the Service where these reports and integrations negatively impact Service Response. 4.Production Disaster Recovery: Workday will maintain a disaster recovery plan for the Workday Production Tenants in conformance with Workday's most current Disaster Recovery Summary, which can be viewed on Community. Workday commits to a recovery time objective of 12 hours - measured from the time that the Workday Production Tenant becomes unavailable until it is available again. Workday commits to a recovery point objective of 1 hour - measured from the time that the first transaction is lost until the Workday Production Tenant becomes unavailable. Workday will test the disaster recovery plan once every six months and will make available a w ritten summary of the results of the most recent test for Customers on Community. 5.Case Submittal and Reporting: Customer’s Named Support Contacts may submit cases to Workday Support via Community. Named Support Contacts must be trained on the Workday products for which they initiate support requests. Each case will be assigned a unique case number. Workday will respond to each case in accordance with this SLA and will work diligently toward resolution of the issue taking into consideration its severity and impact on the Customer’s business operations. Actual resolution time will depend on the nature of the case and the resolution itself. A resolution may consist of a fix, workaround, delivery of information or other reasonable solution to the issue. Case reporting is available on demand via Community. 6.Severity Level Determination: Customer shall reasonably self-diagnose each support issue and shall recommend to Workday an appropriate Severity Level designation. Workday shall validate Customer's Severity L evel designation or notify Customer of a proposed change in the Severity Level designation to a higher or lower level with justification for the proposal. In the event of a conflict regarding the appropriate Severity Level designation, each party shall pro mptly escalate such conflict to its management team for resolution through consultation between the parties' management. In the rare case a conflict requires a management discussion, both parties shall make a representative available within one hour of the escalation. 7.Support Issue Production Severity Levels - Response and Escalation: “Workday Response Commitment” means the period of time from when Customer logs the Production case in the Workday case management system via Community until Workday responds t o Customer or escalates within Workday, if appropriate. Because of the widely varying nature of issues, it is not possible to provide specific resolution commitments. If Customer is not satisfied with the progress of a Severity Level 1 or 2 issue, Customer may escalate the case to Workday support management using the escalation process defined for Named Support Contacts. Upon escalation, 122 Workday Production Support and Service Level Availability Policy (SLA) ©2024 Workday v24.2 Page 3 of 5 Workday shall notify support senior management and shall assign a Workday escalation manager to work with Customer until the escalation is resolved. Severity Level 1: ●Definition: The Service is unavailable or a Service issue prevents timely payroll processing, tax payments, entry into time tracking, financials closing (month-end, quarter-end or year-end), payment of supply chain invoices or creation of purchase orders, processing of candidate applications, issues that prevent financial aid disbursements, admissions, and registration activity of students . No workaround exists. ●Resolution: Workday will work to resolve the problem until the Service is returned to normal operation and will notify Customer of status changes. ●Escalation: If the problem has not been resolved within one hour, Workday will escalate the problem to the appropriate Workday organization. The escalated problem will have higher priority than ongoing support, development or operations initiatives. ●Customer Response Commitment: Customer shall remain accessible for troubleshooting from the time a Severity 1 issue is logged until it is resolved. Severity Level 2: ●Definition: An issue with the Service that prevents Customer from completing one or more critical business processes with a significant impact. No workaround exists. ●Resolution: Workday will work to resolve the problem until the Service is returned to normal operation and will notify Customer of status changes. ●Escalation: If the problem has not been resolved within six hours, Customer may request that Workday escalate the problem to the appropriate Workday organization where the escalated problem will have higher priority than ongoing development or operations initiatives. ●Customer Response Commitment: Customer shall remain accessible for troubleshooting from the time a Severity 2 issue is logged until it is resolved. Severity Level 3: ●Definition: An issue with the Service that prevents Customer from completing one or more important business processes that impact Customer’s business operations. A workaround exists but is not optimal. ●Resolution: If resolution requires a Workday issue fix, Work day will add the issue fix to its development queue for future Service Updates and will suggest a potential workaround until the problem is resolved in a future Service Update. Workday will notify Customer of status changes. ●Escalation: If progress is not being made to Customer’s satisfaction, Customer may request that Workday escalate the problem to the appropriate Workday organization ●Customer Response Commitment: Customer will respond to Workday’s requests for additional information and will implement recommended solutions in a timely manner. Severity Level 4: ●Definition: An issue with the Service that delays Customer from completing one or more non -critical business processes that are not imperative to Customer's business operations. A workaround exists. ●Resolution: If resolution requires a Workday issue fix, Workday will add the issue fix to its development queue for future Service Updates and will suggest a potential workaround until the problem is resolved in a future Service Update. Workday will notify Customer of status changes. ●Escalation: If progress is not being made to Customer’s satisfaction, Customer may request that Workday escalate the problem to the appropriate Workday organization. ●Customer Response Commitment: Customer will respond to Workday’s requests for additional information and will implement recommended solutions in a timely manner. 123 Workday Production Support and Service Level Availability Policy (SLA) ©2024 Workday v24.2 Page 4 of 5 Severity Level 5 (Including Customer Care and Operations Requests): ●Definition: Non-system issues and requests such as Named Support Contact changes, SLA report. or general Service inquiries. Questions about product configuration and functionality should be addressed to Community. ●Resolution: Workday will respond to the request and will notify Customer of status changes. ●Escalation: If progress is not being made to Customer’s satisfaction, Customer may request that Workday escalate the problem to the appropriate Workday organization. ●Customer Response Commitment: Customer will respond to Workday’s requests for additional information in a timely manner. 8.Support Hours and Support Response Commitments: Workday provides Customer support 24 hours a day, 7 days a week for Severity Level 1 issues and will remain accessible for troubleshooting from the time a Severity 1 issue is logged until it is resolved. Workday provides Customer support on Mondays through Fridays (in Customer’s local time) for all other Severity Levels. Workday Response Commitments start from the time the case is logged. Support Issue Severity Level Workday Response Commitment 1 1 hour / 7 days a week 2 6 hours / Monday – Friday 3 24 hours / Monday - Friday 4 24 hours / Monday – Friday 5 48 hours / Monday - Friday Support hours and support response commitments in the Workday SLA version released in February 2022 will continue to apply to (i) Customers who have an MSA with an Effective Date on or before July 31, 2023 for the remainder of such Customer’s subscription Order Term(s); (ii) Customers with a renewal subscription Order Form for HCM or FIN with an Effective Date on or before January 31, 2024 for the remainder of the renewal Order Term; and (iii) Customers not eligible to subscribe to Workday Success Accelerate Plans, for as l ong as they are not eligible. 9.Workday Support Scope: Workday will support functionality that is delivered by Workday as part of the Service. For all other functionality, and for issues or errors in the Service caused by issues, errors, or changes in Customer's information systems, customizations, and third-party products or services, Workday may assist Customer and its third-party providers in diagnosing and resolving issues or errors, but Customer acknowledges that these matters are outside of Workday's support obligations. Failure to meet obligations or com mitments under this SLA that is attributable to (1) Customer's acts or omissions (such as launching custom reports and integrations in excess of the limits set forth on Community); and (2) force majeure events shall be excused. 10.Workday Web Services API Support: Workday recommends using the most recent version of the Workday Web Services (“WWS”) APIs in order to receive optimum performance and stability. Prior versions of WWS APIs are updated to support backward - compatibility for all prior versions of WWS APIs that have not reached an end-of-life status. Workday will make end- 124 Workday Production Support and Service Level Availability Policy (SLA) ©2024 Workday v24.2 Page 5 of 5 of-life announcements no less than 18 months before the end-of-life of each WWS API. Workday will make announcements surrounding the WWS APIs through Community or, for APIs made avail able pursuant to the Workday Developer Program, through the Workday developer site. Backward-compatibility means that an integration created to work with a given WWS API version will continue to work with that same WWS API version even as Workday introduces new WWS API versions. With the exception of backward-compatibility updates, prior versions of WWS APIs are not enhanced. 11.Workday Developer Program App Support: For customers subscribing to Workday Extend (“Extend”) under an Order Form, Workday will sup port Extend in Production Tenants. All Apps developed pursuant to the Workday Developer Program, whether created by a customer, Workday or others, are expressly not covered by this SLA. Workday will not be responsible for any Service Availability downtime or delayed Service Response times caused by use of any Apps. Workday may modify or deprecate APIs, features and services made available pursuant to the Workday Developer Program in accordance with the Availability Statuses posted on the Workday developer s ite at developer.workday.com. Use of the developer site and all materials therein is governed by the Workday Developer Program Terms. “Apps” means the customizations, add-ons, extensions and/or other software solutions developed pursuant to the Workday Developer Program. 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Mariela Salazar, Management Analyst Eric Ceja, Director of Economic Development SUBJECT: UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT PROGRAM FOR PALM DESERT BUSINESSES RECOMMENDATION: 1. Approve the Unite Palm Desert Autism Certification Reimbursement Program (ACRP). 2. Authorize Director of Finance to transfer $30,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Autism Certification Reimbursement P rogram (ACRP). 3. Authorize City Manager to execute all documents required to effectuate the program. BACKGROUND/ANALYSIS: In January 2024, the City of Palm Desert became the first city in California –and the second city in the nation—to achieve certification as an Autism Certified City through the International Board of Credentialing and Continuing Education Standards (IBCCES). In response to public comments made at the May 9, 2024, City Council meeting, the City Council directed staff to develop and implement an Autism Certification Reimbursement Program to assist Palm Desert businesses in becoming Certified Autism Centers (CAC). Implementing this program aligns with the City's vision of fostering an inclusive and welcoming community. By encouraging businesses to achieve CAC certification, the City enhances the quality of life for individuals with autism and establishes itself as a leader in inclusive tourism. Furthermore, if approved, Palm Desert would be the first city in the nation to introduce an incentive program providing financial assistance to businesses seeking this certification. Currently, The Living Desert Zoo and Gardens, the JW Marrio tt Resort and Spa, and the Joslyn Center are among the organizations in Palm Desert certified through IBCCES. Implementing the ACRP would bring numerous economic and community benefits , including: 1. Inclusive Tourism – Attracting families with autistic memb ers, which boosts tourism and revenues, while positioning Palm Desert as a leader in inclusive tourism. 2. Economic Growth – Encouraging more businesses to become certified, leading to increased patronage and spending within certified establishments. 3. Enhanced Reputation – Promoting Palm Desert as a forward-thinking, inclusive city, setting an example for other municipalities. 4. Improved Customer Experience – Creating a supportive and accommodating environment for individuals with autism by raising staff awareness and sensitivity. 5. Long-term Community Benefits – Inspiring other businesses to participate, fostering a culture of inclusivity throughout the community. 147 City of Palm Desert Autism Certification Reimbursement Program Page 2 of 3 Implementation: In response to the City Council’s request, staff recommends establishing an ACRP to assist businesses to obtaining CAC certification. This program will prioritize support for the following business sectors: Priority I: Hospitality Priority II: Retail and Restaurants Priority III: Small Enterprises Under the program, businesses will be eligible for a one-time reimbursement of $2,500 towards the CAC certification fee. Reimbursement will be provided once the City receives confirmation of the business’s successful completion of certification. This reimbursement program aims to reduce the financial burden of certification, making it more accessible for businesses to pursue CAC certification and employee training through IBCCES. IBCCES has offered a discounted rate for Palm Desert businesses, lowering the original CAC fee from $5,000 to $2,500. The training fees apply per staff member, with higher management required to undergo a 4-hour training session. To qualify for certification, 80% of a business’s employees must complete the required training, with certification being renewed every two years. Staff recommends that the City provide this one- time assistance based on the availability of limited funds. Below is a breakdown of certification costs for businesses based on the number of employees. Certified Autism Center - For Travel & Recreation Partner pricing 30 min 4 Hr. CAC Audit* Total (Estimated) less than 5 staff $25 $89 $2,500 $2,689 6 to 15 $25 $89 $2,500 $3,003 16 to 25 $25 $89 $2,500 $3,317 25 to 50 $25 $84 $2,500 $5,000 $9,070 50 to 100 $25 $79 $2,500 $5,000 $10,640 100+ custom custom $2,500 $5,000 custom *Audits are mandatory for larger organizations of over 25 staff members. The exception to this is hotels, unless the hotel is a resort style hotel with additional amenities apart from the standard gym, pool and café. If approved, staff will initiate the promotion of the reimbursement program to businesses within the prioritized sectors. The initial focus will be on Hospitality, with an implementation period of one year. During this time, staff will assess the effectiveness of the program and gather feedback from participating businesses. A report on the program’s progress, including any recommendations for adjustments, will be presented to the City Council before proceeding with Priorities II and III, which will target Retail, Restaurants, and Small Enterprises. 148 City of Palm Desert Autism Certification Reimbursement Program Page 3 of 3 Legal Review: This report has been reviewed b y the City Attorney’s Office. FINANCIAL IMPACT: Staff recommends an initial budget of $30,000 to be allocated towards the ARCP. This funding will support 12 Hospitality and Tourist Attractions under Priority I of the program, with each business eligible to receive a one-time reimbursement of $2,500 towards the ir CAC certification fee. Reimbursement will be issued upon confirmation of the business’s certification. Funding for this program is available in the Business Enhancement Program funds and may be transferred to Account No. 4254430-4393000. ATTACHMENTS: 1. IBCCES Travel Survey 2. Become a Certified Autism Center 3. ACRP Guidelines 4. 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I B C C E S © I B C C E S © IBCCES © IB C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © IBCCES © IB C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © IBCCES © IB C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © IBCCES © IB C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © I B C C E S © You can’t always tell someone’s autistic by looking at them...there are more of us than you think and we’re looking for “safe” and welcoming places to visit. 151 152 IBCCES.org WHAT IS THE IMPACT? 1 in 6 people have a sensory need 1 in 36 children diagnosed with autism$29 Billion $268 BILLION spent annually on autism services 600% Millions of Adults increase in autism diagnosis spent annually by travelers with disabilities (not including companions) are on the spectrum is for Become A Certified Autism Center™ 153 Certified Autism Center™ Certification Overview REQUIREMENTS • At least 80% of guest-facing staff is trained and certified in autism • Position specific, customized online staff training • Committed to ongoing training and learning opportunities ONSITE REVIEW We review the full 360 guest experience and make reasonable recommendations to support what you already have in place and enhance processes and procedures to ensure staff are prepared and visitors feel welcomed. Autism Certification Because “Autism Friendly” Isn’t Enough ROI Millions of web hits 200K grant for additional programs Triple digit increase in out of market guests 54% increase in group bookings Won award for best social initiative Huge boost in guest satisfaction Partner Results For more than 20 years, IBCCES has been the leader in cognitive disorder training and certification for healthcare, education, and corporate professionals around the globe. IBCCES created programs specifically for hospitality and recreational organizations such as hotels, theme parks, museums, and other attractions so staff would be more knowledgeable and other accommodations could be offered to this growing, but underserved, part of the community. IBCCES is the only credentialing board offering these types of programs, which include training from subject matter experts and autistic self-advocates, as well as long-term support and continuous learning, onsite reviews, and more. Who Is IBCCES? IBCCES will also create sensory guides for each attraction or exhibit to help guests understand what to expect when they visit. The review will ultimately result in a comprehensive custom report for your organization to review the recommendations and make plans for updates over time to enhance the visitor experience. 154 ExposureCertificationOn-Site ReviewOnlineTraining - The Certification Process - 1 2 3 4 The designation of our park as a Certified Autism Center™ has been an invaluable experience for our organization and has had a significantly positive impact on our operation. Families with children on the spectrum now feel better cared for when they are with us and our team members now feel better educated, prepared, and confident to assist those families when needed. This certification was an extremely smart decision that has made our guest experience stronger and our park a kinder place to visit. PJ , Entertainment Department at Sesame Place Philadelphia “ • Amusement/Theme Parks • Museums & Attractions • Water Parks • Aquariums & Zoos • Excursions & Activities • Airlines • Hotels & Resorts • Cruise Lines • Parks & Recreation • Family Entertainment Centers • Destination Marketing Organizations Travel + Entertainment Organizations That Benefit From Certification SCAN HERE for Case Studies and Partner Feedback ” 155 “With the increase in people who are diagnosed with autism and other sensory conditions, we want to make sure that we’re partnering with the right people to give us guidance and support. We learned over the course of doing this, that it takes connection and communication. It’s always the simplest things that make the biggest difference. Many of our colleagues now feel more empowered to recognize and maybe anticipate these kinds of conditions, and rather than it snowballing and becoming a negative experience, it’s a positive one for everybody. We expected to see a bit of an increase as people recognize Aquaventure as a place they can come to, and we did expect to see a boost in revenue. All of that has been great, but what has been really rewarding has been that personal human touch and connection.” Emma Robb, Training Manager, Marine & Waterpark Operations at Atlantis Aquaventure - Dubai Program Benefits Earn recognition and qualify for grants & funding for your programs & services Increase revenue by attracting visitors that may have otherwise not felt comfortable coming to your location Make loyal raving fans Ensure positive guest experiences for all families and individuals Increase employee morale by empowering staff to connect to your organization’s mission & provide a higher level of service “ ” Are You Doing Enough For Your Guests With Sensory Needs? We Can Help FEATURED ON For more information contact us at info@ibcces.org | 877.717.6543 156 UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT PROGRAM (ACRP) GRANT GUIDELINES BACKGROUND The Autism Certification Reimbursement Program provides financial assistance to Palm Desert businesses to become a Certified Autism Center (CAC) through the International Board of Credentialing and Continuing Education Standards (IBCCES). This aligns with the City’s commitment to fostering inclusivity and supporting businesses that provide accommodating environments f or individuals with autism. REQUIREMENTS Business must operate within Palm Desert city limits and be in good standing with the City. Businesses must first successfully achieve CAC certification through IBCCES to qualify for reimbursement. 80% of the business’s employees must complete the required training for certification. For businesses with more than 25 staff members, a CAC audit is mandatory (except for non- resort hotels). Eligible Businesses: o Priority I: Hospitality and Tourist Attractions o Priority II: Retail and Restaurants o Priority III: Small Enterprises REIMBURSEMENT PROCESS Businesses must submit an application to the City after completing CAC certification. The City must receive verification of successful certification from IBCCES. Upon confirmation, the business will receive a one-time reimbursement of $2,500 towards the certification fee. CERTIFICATION COSTS A Certified Autism Center - For Travel & Recreation (IBCCES Pricing) Partner pricing 30 min 4 Hr. CAC Audit* Total (Estimated) less than 5 staff $25 $89 $2,500 $2,689 6 to 15 $25 $89 $2,500 $3,003 16 to 25 $25 $89 $2,500 $3,317 25 to 50 $25 $84 $2,500 $5,000 $9,070 50 to 100 $25 $79 $2,500 $5,000 $10,640 100+ custom custom $2,500 $5,000 QUESTIONS/INFORMATION Contact Mariela Salazar, Management Analyst, msalazar@palmdesert.gov or 760-776-6441. 157 158 CITY OF PALM DESERT DEPARTMENT OF ECONOMIC DEVELOPMENT 73510 Fred Waring Drive, Palm Desert, California 92260 Phone (760) 346-0611 ▪ Fax (760) 776-6417 ▪ bizsupport@cityofpalmdesert.org UNITE PALM DESERT AUTISIM CERTIFICATION REIMBURSEMENT (ACRP) PROGRAM APPLICATION Business/Property Owner Name: Business/Property Owner Address: Applicant/Representative Name: Mailing Address: City: State: Zip: Phone: Email: 1. Applicants must be a Priority I business, which includes Hospitality and Tourist Attractions only. 2. Application must include ACRP application and IBCCES certification. 3. Grant is available until funding is no longer available. Submission: Unite Palm Desert Autism Certification Reimbursement Program Application must be submitted by email to bizsupport@cityopalmdesert.org or via mail at City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260, Attn: Economic Development Division. Applicant/Representative Signature: By signing this application, I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. Print Name: Signature: Date: Property Owner Signature of Approval (if property owner is not the applicant) Print Name: Signature: Date: OFFICE USE ONLY Date Received: Approved: __ Yes __No Date Approved: 159 160 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works SUBJECT: AWARD CONTRACTS TO MULTIPLE CONSULTANTS FOR ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES RECOMMENDATION: 1. Award a Professional Services Agreement with multiple consultants for on-call traffic consulting and design services, with an annual aggregate amount not to exceed $1,000,000 (per fiscal year) for a three-year term, with two one-year extension options. 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement and to approve up to two additional one-year terms per contract. BACKGROUND/ANALYSIS: To maintain the safety and efficiency of City roadways, the City of Palm Desert (City) contracts with expert traffic consultants for specialized technical services. These consultants play a crucial role in optimizing traffic operations, improving safety, and effectively managing transportation infrastructure. As the pace of development accelerates and traffic management needs increase, the City requires additional consulting firms to provide the necessary exp ertise and support. The growing demands on traffic engineering, combined with the City's commitment to maintaining high service standards, make it essential to engage multiple consultants. This is particularly important for critical initiatives such as traffic signal synchronization, safety improvements, addressing deferred maintenance, and ensuring overall operational efficiency. On July 31, 2024, the City issued a Request for Proposal (RFP) for On -Call Traffic Consulting and Design Services (Services). The scope of services includes, but is not limited to: Traffic engineering and analysis Transportation planning Traffic signal design and implementation Traffic calming and safety improvements Parking studies and management The City received 14 proposals from consultants by the deadline of August 29, 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. The consultants submitting proposals include: Company Location Advanced Mobility Group Walnut Creek, CA 161 City of Palm Desert On-Call Traffic Consulting and Design Services Page 2 of 3 ADVANTEC Consulting Engineers, Inc. Irvine, CA Albert A. Webb Associates Riverside, CA EPD Solutions Irvine, CA Fehr & Peers Riverside, CA Hartzog & Crabill, Inc. Tustin, CA Interwest Consulting Group Irvine, CA Kimley-Horn Sacramento, CA KOA Monterey Park, CA Micheal Baker International Palm Desert, CA RoadSafe Traffic Systems, Inc. Corona, CA STC Traffic, Inc. Carlsbad, CA TJMK Transportation Consultants Pleasanton, CA TKE Engineering, Inc. Riverside, CA A Selection Committee comprising three staff members from the Public Works Department reviewed the proposals. Following an evaluation, the Committee proposes awarding contract s to the following consultants: Company Location ADVANTEC Consulting Engineers, Inc. Irvine, CA Hartzog & Crabill, Inc. Tustin, CA Kimley-Horn Sacramento, CA TJMK Transportation Consultants Pleasanton, CA The recommended consultants demonstrated conformance with the RFP by providing the content, including the format identified in the RFP. Additionally, their staffing and key personnel have in-depth experience in this field. Lastly, staff conducted a reference check on the consultants and received commendable feedback on their past performance, including their responsiveness, work quality, and communication with clients. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The traffic consulting and design services will be utilized as needed for various Capital Improvement Projects (CIP) and maintenance programs. The approved CIP List for Fiscal Year 2024-25 includes a total of $2,250,000 for the two projects identified on the following table: Projects Account Budget Expenses Balance Traffic Operations & Capacity Improvements 2134250-5000907 $750,000 Traffic Management System Replacement 4004250-4400100 $1,500,000 *Consulting and Design Services $1,000,000 Total: $2,250,000 $1,000,000 $1,250,000 Staff will budget accordingly during the annual budget approval process for future years (per fiscal year) and expenditures will be contingent upon budget approval; therefore, there is no further financial impact to the general fund. ATTACHMENTS: 1. Agreement A – Advantec 162 City of Palm Desert On-Call Traffic Consulting and Design Services Page 3 of 3 2. Proposal A - Advantec 3. Agreement B - Hartzog and Crabill 4. Proposal B - Hartzog and Crabill 5. Agreement C - Kimley-Horn 6. Proposal C - Kimley-Horn 7. Agreement D – TJMK 8. Proposal D - TJMK 163 164 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 26th 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 ADVANTEC CONSULTING ENGINEERS, a Corporation, with its principal place of business at 1200 ROOSEVELT, IRVINE, CA 92620 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: On-Call Traffic Consulting and Design Services Project No. MTS00004 (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 26, 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 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 165 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: CARLOS ORTIZ. 3.2.5 City's Representative. The City hereby designates BASSAM AL-BEITAWI, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates CARLOS ORTIZ, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant 166 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 167 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 168 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. [Reserved]. (G) Cyber Liability Insurance. [Reserved]. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City 169 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 170 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, 171 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. 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 maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the 172 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 173 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: ADVANTEC CONSULTING ENGINEERS, INC. 1200 ROOSEVELT IRVINE, CA 92620 ATTN: CARLOS ORTIZ, CHIEF OPERATING OFFICER 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. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 174 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time f or purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 175 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 176 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 177 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 178 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ADVANTEC CONSULTING ENGINEERS, 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 ADVANTEC CONSULTING ENGINEERS, A CORPORATION By: Carlos Ortiz Chief Executive Officer By: Its: Secretary Printed Name: Pauline Yip QC: _____ Insurance: _____ Initial Review _____ Final Approval 179 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 1. Traffic Engineering and Analysis Conduct traffic impact studies for new developments and redevelopment projects. Perform traffic signal warrant analyses, intersection capacity analyses, and corridor studies. Provide recommendations for traffic signal timing and coordination. Develop traffic management plans for special events and construction projects. Perform traffic data collection, including vehicle counts, speed studies, and pedestrian/bicycle counts. 2. Transportation Planning Develop and update citywide transportation plans and policies. Conduct long-range transportation planning, including multimodal transportation plans. Evaluate and plan for bicycle and pedestrian facilities. Assist in the preparation of grant applications for transportation funding. 3. Traffic Signal Design and Implementation Design new traffic signal systems and modifications to existing systems. Prepare plans, specifications, and estimates (PS&E) for traffic signal projects. Provide technical support during construction, including review of shop drawings and response to requests for information (RFIs). Conduct traffic signal system evaluations and recommend improvements. 4. Traffic Calming and Safety Improvements Analyze/recommend traffic calming measures for residential neighborhoods/high-traffic areas. Design and implement pedestrian safety improvements, including crosswalks, signage, and pedestrian signals. Conduct road safety audits and develop safety improvement plans. Provide recommendations for school zone safety enhancements. 5. Parking Studies and Management Conduct parking studies to assess current and future parking needs. Develop parking management plans, including on-street and off-street parking solutions. Provide recommendations for parking facility design and layout. Assist in the implementation of parking technologies, such as automated parking systems and smart meters. 6. Intelligent Transportation Systems (ITS) Design and implement ITS solutions to improve traffic flow and safety. Develop plans for the integration of new technologies, such as adaptive signal control and traffic monitoring systems. Provide technical support for the deployment of ITS infrastructure. Conduct evaluations of existing ITS systems and recommend enhancements. 7. Public Engagement and Outreach Develop and implement public outreach strategies for transportation projects. Facilitate public meetings, workshops, and stakeholder engagement sessions. Prepare informational materials, including presentations, reports, and brochures. Collect and analyze public feedback to inform project development. 8. Project Management and Coordination Provide project management services, including scheduling, budgeting, and resource allocation. Coordinate with city staff, other consultants, and external agencies to ensure project success. Prepare regular project status reports and updates for city officials. Ensure compliance with local, state, and federal regulations and standards. 9. Environmental and Regulatory Compliance Conduct environmental reviews and assessments for transportation projects. Ensure compliance with environmental regulations, including CEQA and NEPA. Prepare necessary documentation for environmental clearance and permits. Develop mitigation measures to address environmental impacts. 180 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from September 26, 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 (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. • No work shall be initiated without an approved Task Order. • Contractor shall perform services based on an approved Task Order. • The Contractor will provide an estimated timeline for project milestones and completion. • The Contractor shall perform all work within the time agreed upon with the City. • Work required in strict compliance with the contract documents. EXHIBIT “B” 181 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 TASK ORDER FORM Task Order No.____________ Agreement: ______________ Consultant: ______________ Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________ The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above. CITY OF PALM DESERT ADVANTEC CONSULTING ENGINEERS Date: __________________ Date:_________________ By:______________________ By:___________________ 182 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "C" COMPENSATION The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 183 184 Hourly Rate Schedule HOURLY RATE SCHEDULE Compensation is typically based on our fee outlined in a particular project-specific proposal and in accordance to our fee schedule below. Compensation for On-Call Traffic Consulting and Design Services will be based on time and materials or based on fixed fee in accordance with the City of Palm Desert Public Works Fee Schedule. Our billing rates for all personnel categories that may work under this agreement follow. These rates are in effect for one year. Effective January 2024 Classification Rate Project Director $375 / hour Senior Project Manager VIII $315 / hour Senior Project Manager VII $250 / hour Project Manager/Senior Engineer VI $220 / hour Project Manager/Engineer V-3 $200 / hour Project Manager/Engineer V-2 $180 / hour Project Manager/Engineer V-1 $160 / hour Associate Engineer IV $145 / hour Associate Engineer III $135 / hour Assistant Engineer II $125 / hour Assistant Engineer I $110 / hour Administrative III $140 / hour Administrative II $120 / hour Administrative I $100 / hour Direct Costs Effective January 2024 Mileage Current Rate per IRS In House Plotting (Mylar) $20.00 per D-size sheet In House Plotting (Bond) $10.00 per D-size sheet Other Direct Costs At Cost + 10% admin 185 4 M AY 2024 S CHEDULE OF S TANDARD C ONTRACT P ROVISIONS AND B ILLING R ATES W:\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2024 Update\StandardContractProvisions_2024.docx HOURLY BILLING RATES EFFECTIVE MAY 2024 Job Classification Hourly Rate Range1,2 Environmental Planning Transportation Air/Noise Cultural/ Paleontological Resources Biology GIS Principal Principal Principal Principal Principal Principal $190–$400 Associate Associate Associate Associate Associate Associate $150–$250 Senior Planner Senior Transportation Planner/Engineer Senior Air Quality/ Noise Specialist/ Noise Engineer Senior Archaeologist/ Architectural Historian/ Paleontologist Senior Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/Arborist Senior GIS Specialist $130–$235 Planner Transportation Planner/Engineer Air Quality/ Noise Specialist/ Noise Engineer/ Climate Change Specialist Archaeologist/ Architectural Historian/ Paleontologist Biologist/Botanist/ Wildlife Biologist/ Ecologist/Soil Scientist/ Herpetologist/Arborist GIS Specialist $100–$165 Assistant Planner Assistant Transportation Planner/Engineer Air Quality/ Noise Analyst Field Archaeologist/ Paleontologist Assistant Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/Arborist Assistant GIS Specialist $85–$130 Office Services Marketing $110–$185 Office Assistant $110–$145 Project Accountant $110–$135 Document Management/Technical Editing/Graphics $115–$160 1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications. 2 Hourly rates are subject to review at least annually and may be adjusted to reflect changing labor costs at LSA’s discretion. LSA IN‐HOUSE DIRECT COSTS EFFECTIVE MAY 20241 Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost Plotting $3.75 per sq ft GPS Unit $75.00 per day Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On‐Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off‐Road Current federal rate Wildlife Camera $25.00 per day 1 Direct costs shall be reimbursed at cost plus 10 percent. 186 AZTEC Engineering Group, Inc. Hourly Rate Sheet City of Palm Desert On-Call Traffic Consulting and Design Services RFP August 29, 2024 AZTEC Engineering Group, Inc. Hourly Rates 2024/2025 Job Title $ Principal (Engineer/Geologist/Environmental Scientist) 360 Senior Project Manager 280 Project Manager III 255 Project Manager II 230 Project Manager I 215 Senior Project Engineer 210 Project Engineer 200 Senior Engineer/Geologist/Environmental Scientist 190 Engineer/Geologist/Environmental Scientist IV 180 Engineer/Geologist/Environmental Scientist III 170 Project Designer III 190 Project Designer II 180 Project Designer I 155 Certified Irrigation Designer 170 Senior Technician 185 Technician 170 Assistant Technician 150 GIS Analyst 140 Lead Drafter 130 Senior Project Assistant 155 Project Assistant 135 Administrative/Clerk/Technical Assistant 115 Notes: 1. Hourly rates shown are effective through December 31, 2025. 2. Hourly rates will be escalated 3.5% annually beginning on January 1, 2026. 3. Reimbursables items such as copies, deliveries, postage, etc. will be billed at direct cost. 4. Mileage will be at the current federal rate ($0.67/mile for 2024). 187 FIRM BACKGROUND Founded in December 2007 by former local television news director Erin LaCombe, CV Strategies helps clients blend media, messaging and audiences to connect with communities and drive support on the issues that matter. Based out of our Palm Desert office, CV Strategies’ staff of 22 is made up of former journalists, news executives, marketing experts, designers, developers, project managers, and event coordinators who use their storytelling skills to provide value to clients. Our firm is currently involved in active, ongoing communications initiatives with more than 150 public agencies, schools and nonprofits across the Southwest. Our strategists provide support on issues as diverse as brand creation initiatives, website design, strategic planning, crisis communications, public education campaign architecture, and tactical outreach implementation. Our extensive experience makes us adept at crafting effective messaging for organizations with varying stories to tell. CONTRACT TERMS & CONDITIONS Our team is prepared to begin work on this project immediately. The contract cost is not to exceed $220,000. Either party may end this agreement by providing written notice to the other party. In the event of termination, CV Strategies shall be paid for all hours and expenses accrued up to the date of termination. CV Strategies will notify the City as we approach the estimated cost above. Our firm owns and maintains all of its own equipment, and supplies are included in the cost, so there would be no additional charge to the client. Optional services or any variability in services rendered by CV Strategies will be billed to the client based on the hourly rate for communications services and will be agreed to by providing a signed written notice. Hard costs incurred by CV Strategies will be billed to the client with a nominal service charge of 10% (not to exceed $250 per item). This includes all anticipated hard costs such as printing, mailing, photography, video, advertising, etc. All services and hard costs will be billed monthly. Invoices should be paid in full upon receipt. » President – $275/hour » Executives – $250/hour » Directors – $200/hour » Specialist/Design/Video/Photography – $175/hour » Translator – $125/hour » Support Staff – $100/hour 188 DUDEK Standard 3 Year Schedule of Charges EFFECTIVE JANUARY 1, 2024 - P Engineering Services Project Director ......................................................................... $345.00/hr Principal Engineer lll ................................................................. $320.00/hr Principal Engineer II ................................................................. $300.00/hr Principal Engineer I .................................................................. $290.00/hr Program Manager ..................................................................... $280.00/hr Senior Project Manager ........................................................... $275.00/hr Project Manager ....................................................................... $265.00/hr Senior Engineer III .................................................................... $260.00/hr Senior Engineer II .................................................................... $250.00/hr Senior Engineer I ..................................................................... $240.00/hr Project Engineer IV/Technician IV ........................................... $235.00/hr Project Engineer llI/Technician III ........................................... $220.00/hr Project Engineer lI/Technician II ............................................. $210.00/hr Project Engineer I/Technician I ............................................... $190.00/hr Senior Designer II ..................................................................... $210.00/hr Senior Designer I ...................................................................... $205.00/hr Designer .................................................................................... $200.00/hr Assistant Designer .................................................................... $195.00/hr CADD Operator III...................................................................... $190.00/hr CADD Operator II....................................................................... $180.00/hr CADD Operator I........................................................................ $165.00/hr CADD Drafter............................................................................. $150.00/hr CADD Technician ...................................................................... $135.00/hr Project Coordinator .................................................................. $165.00/hr Engineering Assistant ............................................................... $135.00/hr Environmental Services Senior Project Director ............................................................. $350.00/hr Project Director ......................................................................... $300.00/hr Senior Specialist V .................................................................... $275.00/hr Senior Specialist IV ................................................................... $265.00/hr Senior Specialist III ................................................................... $250.00/hr Senior Specialist II .................................................................... $235.00/hr Senior Specialist I ..................................................................... $220.00/hr Specialist V ................................................................................ $210.00/hr Specialist IV ............................................................................... $195.00/hr Specialist III ............................................................................... $185.00/hr Specialist II ................................................................................ $175.00/hr Specialist I ................................................................................. $165.00/hr Analyst V .................................................................................... $150.00/hr Analyst IV ................................................................................... $140.00/hr Analyst III ................................................................................... $130.00/hr Analyst II .................................................................................... $120.00/hr Analyst I ..................................................................................... $110.00/hr Technician III ............................................................................... $95.00/hr Technician II ................................................................................ $85.00/hr Technician I ................................................................................. $75.00/hr Mapping and Surveying Services Application Developer II ........................................................... $245.00/hr Application Developer I ............................................................ $190.00/hr GIS Analyst V ............................................................................. $225.00/hr GIS Analyst IV ............................................................................ $200.00/hr GIS Analyst III ............................................................................ $165.00/hr GIS Analyst II ............................................................................. $145.00/hr GIS Analyst I .............................................................................. $130.00/hr UAS Pilot .................................................................................... $150.00/hr Survey Lead .............................................................................. $245.00/hr Survey Manager ........................................................................ $220.00/hr Survey Crew Chief ..................................................................... $175.00/hr Survey Rod Person ................................................................... $125.00/hr Survey Mapping Technician ..................................................... $105.00/hr Construction Management Services Principal/Manager.................................................................... $205.00/hr Senior Construction Manager ................................................. $200.00/hr Senior Project Manager ........................................................... $185.00/hr Construction Manager ............................................................. $185.00/hr Project Manager ....................................................................... $180.00/hr Resident Engineer ................................................................. …$180.00/hr Construction Engineer .............................................................. $175.00/hr On-site Owner’s Representative .............................................. $165.00/hr Prevailing Wage Inspector ....................................................... $155.00/hr Construction Inspector ............................................................. $155.00/hr Administrator/Labor Compliance ............................................ $120.00/hr Hydrogeology/HazWaste Services Project Director ......................................................................... $345.00/hr Principal Hydrogeologist/Engineer III ..................................... $320.00/hr Principal Hydrogeologist/Engineer II ...................................... $310.00/hr Principal Hydrogeologist/Engineer I ....................................... $300.00/hr Senior Hydrogeologist V/Engineer V ....................................... $275.00/hr Senior Hydrogeologist IV/Engineer IV ..................................... $265.00/hr Senior Hydrogeologist III/Engineer III ..................................... $255.00/hr Senior Hydrogeologist II/Engineer II ....................................... $245.00/hr Senior Hydrogeologist I/Engineer I ........................................ $235.00/hr Project Hydrogeologist V/Engineer V ...................................... $225.00/hr Project Hydrogeologist IV/Engineer IV .................................... $215.00/hr Project Hydrogeologist III/Engineer III .................................... $205.00/hr Project Hydrogeologist II/Engineer II ...................................... $195.00/hr Project Hydrogeologist I/Engineer I ........................................ $185.00/hr Hydrogeologist/Engineering Assistant ................................... $150.00/hr HazMat Field Technician ......................................................... $135.00/hr District Management & Operations District General Manager ......................................................... $235.00/hr District Engineer ....................................................................... $215.00/hr Operations Manager ............................................................... $165.00/hr District Secretary/Accountant ................................................ $150.00/hr Collections System Manager ................................................... $150.00/hr Grade V Operator ...................................................................... $140.00/hr Grade IV Operator ..................................................................... $125.00/hr Grade III Operator ..................................................................... $115.00/hr Grade II Operator ........................................................................ $95.00/hr Grade I Operator ......................................................................... $90.00/hr Operator in Training ................................................................... $75.00/hr Collection Maintenance Worker ............................................... $85.00/hr Creative Services Creative Services IV .................................................................. $185.00/hr Creative Services III .................................................................. $165.00/hr Creative Services II ................................................................... $150.00/hr Creative Services I .................................................................... $135.00/hr Publications Services Technical Editor lV .................................................................... $185.00/hr Technical Editor lll .................................................................... $165.00/hr Technical Editor ll ..................................................................... $150.00/hr Technical Editor l ...................................................................... $135.00/hr Publications Specialist lV ......................................................... $140.00/hr Publications Specialist lll ......................................................... $130.00/hr Publications Specialist ll .......................................................... $120.00/hr Publications Specialist l ........................................................... $110.00/hr Clerical Administration ............................................................. $110.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay interest at a 10% annual rate for amounts unpaid greater than 30 days after the date of the invoice. Prevailing Wage – The rates listed above assume prevailing wage rates do not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. 189 Counts Unlimited, Inc. ▪ PO Box 1178 ▪ Corona, CA 92878 ▪ T 951 268 6268 ▪ F 951 268 6267 ▪ www.countsunlimited.com COUNTS UNLIMITED, INC. – CVAG ON-CALL HOURLY BILLING RATES Effective 2024 through 2028 Hourly Billing Rates Counts Unlimited, Inc. Classification Hourly Rate Project Manager $125.00 Assistant Project Manager $80.00 Field Technician $60.00 Various Traffic Count Staff $45.00 Counts Unlimited, Inc. – Direct Cost Rates Intersection Vehicle Turning Movement Counts Standard Turning Movement Count $40 per hour Classified Turning Movement Count $45 per hour 24 Hour Machine Traffic Volume Counts Entering Volume $55 per approach Directional Volume $90 per site Classification / Speed $200 per site Pedestrian / Bicycle Counts (No vehicles included) $25 per hour Speed Radar Surveys 1 Hour or 100 cars; whichever comes first $75 each Parking Surveys Occupancy $50 per hour Duration / Turnover $75 per hour License Plate Surveys $100 per hour Field Survey of Existing Conditions $50 per hour 190 Sub-Consultant Name:CL Surveying and Mapping, Inc. Fully Burdened Hourly Billing Rate For Fully Burdened Hourly Billing Rate For Fully Burdened Hourly Billing Rate For 2023-2024 2024-2025 2025-2026 O $ 75.00 228.57$ 235.42$ 242.49$ O $ 60.00 182.85$ 188.34$ 193.99$ O $ 40.00 121.90$ 125.56$ 129.33$ F $ 63.56 193.70$ 199.51$ 205.50$ F $ 61.51 187.45$ 193.08$ 198.87$ F $ 55.28 168.47$ 173.52$ 178.73$ F $ 24.88 75.82$ 78.10$ 80.44$ F $ 27.64 84.23$ 86.76$ 89.36$ F $ 33.17 101.09$ 104.12$ 107.24$ F $ 35.93 109.50$ 112.78$ 116.17$ F $ 38.70 117.94$ 121.48$ 125.12$ F $ 41.46 126.35$ 130.14$ 134.05$ F $ 44.22 134.76$ 138.81$ 142.97$ Notes: Office Overhead Rate:177.05% Field Overhead Rate:177.05% Profit:10.00% 0.00% 3.00% 2. Year 1 Escalation: years 2-3 Escalation: Party Chief 1. The fully burdened classification ranges were developed using the following: Project Manager Chainman Apprentice G (Step 7) Chainman Apprentice F (Step 6) Hourly Range Schedule Classification Labor Rates 2024 Chainman Apprentice E (Step 5) Office CAD Drafter Certified Party Chief Unburdened Rate Chainman Apprentice C (Step 3) Chainman Apprentice D (Step 4) Chainman Chainman Apprentice A (Step 1) Chainman Apprentice B (Step 2) Classification Office/ Field Survey Tech 191 192 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 26th 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 HARTZOG & CRABILL, INC., a Corporation, with its principal place of business at 17821 EAST 17TH STREET, SUITE 245, TUSTIN, CA 92780 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: On-Call Traffic Consulting and Design Services Project No. MTS00004 (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 26, 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 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 193 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: GERALD J. STOCK. 3.2.5 City's Representative. The City hereby designates BASSAM AL-BEITAWI, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates TODD HARTZOG, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant 194 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 195 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 196 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. [Reserved]. (G) Cyber Liability Insurance. [Reserved]. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City 197 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 198 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, 199 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. 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 maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed One MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the 200 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 201 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: HARTZOG & CRABILL, INC. 17821 EAST 17TH STREET, SUITE 245 TUSTIN, CA 92780 ATTN: GERALD J STOCK, EXECUTIVE VICE PRESIDENT 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. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 202 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 203 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 204 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 205 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 206 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HARTZOG & CRABILL, 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 HARTZOG & CRABILL, A CORPORATION By: Gerald J. Stock Executive Vice President / Secretary By: Its: Vice President / Treasurer Printed Name: Todd Hartzog QC: _____ Insurance: _____ Initial Review _____ Final Approval 207 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 1. Traffic Engineering and Analysis Conduct traffic impact studies for new developments and redevelopment projects. Perform traffic signal warrant analyses, intersection capacity analyses, and corridor studies. Provide recommendations for traffic signal timing and coordination. Develop traffic management plans for special events and construction projects. Perform traffic data collection, including vehicle counts, speed studies, and pedestrian/bicycle counts. 2. Transportation Planning Develop and update citywide transportation plans and policies. Conduct long-range transportation planning, including multimodal transportation plans. Evaluate and plan for bicycle and pedestrian facilities. Assist in the preparation of grant applications for transportation funding. 3. Traffic Signal Design and Implementation Design new traffic signal systems and modifications to existing systems. Prepare plans, specifications, and estimates (PS&E) for traffic signal projects. Provide technical support during construction, including review of shop drawings and response to requests for information (RFIs). Conduct traffic signal system evaluations and recommend improvements. 4. Traffic Calming and Safety Improvements Analyze/recommend traffic calming measures for residential neighborhoods/high-traffic areas. Design and implement pedestrian safety improvements, including crosswalks, signage, and pedestrian signals. Conduct road safety audits and develop safety improvement plans. Provide recommendations for school zone safety enhancements. 5. Parking Studies and Management Conduct parking studies to assess current and future parking needs. Develop parking management plans, including on-street and off-street parking solutions. Provide recommendations for parking facility design and layout. Assist in the implementation of parking technologies, such as automated parking syst ems and smart meters. 6. Intelligent Transportation Systems (ITS) Design and implement ITS solutions to improve traffic flow and safety. Develop plans for the integration of new technologies, such as adaptive signal control and traffic monitoring systems. Provide technical support for the deployment of ITS infrastructure. Conduct evaluations of existing ITS systems and recommend enhancements. 7. Public Engagement and Outreach Develop and implement public outreach strategies for transportation projects. Facilitate public meetings, workshops, and stakeholder engagement sessions. Prepare informational materials, including presentations, reports, and brochures. Collect and analyze public feedback to inform project development. 8. Project Management and Coordination Provide project management services, including scheduling, budgeting, and resource allocation. Coordinate with city staff, other consultants, and external agencies to ensure project success. Prepare regular project status reports and updates for city officials. Ensure compliance with local, state, and federal regulations and standards. 9. Environmental and Regulatory Compliance Conduct environmental reviews and assessments for transportation projects. Ensure compliance with environmental regulations, including CEQA and NEPA. Prepare necessary documentation for environmental clearance and permits. Develop mitigation measures to address environmental impacts. 208 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from September 26, 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 (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. • No work shall be initiated without an approved Task Order. • Contractor shall perform services based on an approved Task Order. • The Contractor will provide an estimated timeline for project milestones and completion. • The Contractor shall perform all work within the time agreed upon with the City. • Work required in strict compliance with the contract documents. 209 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 TASK ORDER FORM Task Order No.____________ Agreement: ______________ Consultant: ______________ Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________ The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above. CITY OF PALM DESERT HARTZOG & CRABILL, INC. Date: __________________ Date:_________________ By:______________________ By:___________________ 210 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "C" COMPENSATION The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 211 212 Consulting Traffic Engineers to Government Agencies August 29, 2024 Ms. Melanie Perry, Senior Management Analyst City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR: ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES , RFP NO. 2024-RFP-127 Dear Ms. Perry: Hartzog & Crabill, Inc. (HCI) is pleased to submit this proposal for providing On-Call Traffic Consulting and Design Services to the City of Palm Desert. HCI understands that it is the City’s intent for this process to result with entering into non-exclusive, multi-year professional services agreements with multiple qualified firms on an on-call, as-needed basis. Once a firm is approved, the City may authorize a firm to complete specific engineering services to assist City staff on a Task Order basis as deemed necessary to fulfill the City’s needs. HCI proposes to provide our professional traffic engineering services to the City addressing the tasks identified in the City’s Request for Proposal (RFP), dated July 31, 2024. HCI has thoroughly examined and become familiar with the work required under this RFP, and is capable of performing quality traffic engineering work to achieve the City’s objectives under a new multi-year contract. HCI acknowledges that there were no addendums issued as part of this RFP. The City’s RFP is incorporated in their entirety as part of our proposal. In the course of our (31+) years in business, HCI staff have successfully provided these same types of professional on-call traffic engineering consulting services to numerous Southern California city agencies, where we have continued to build on their foundation for a viable, responsive traffic engineering function. Our service to our client agencies over these past years also affords us knowledge of client expectations and work products required. We look forward to sharing our experience and expertise, moving toward a goal of ever-improving traffic safety and efficiency in the City of Palm Desert, by augmenting the City’s professional engineering capabilities and providing high-quality, very timely expertise, when needed. I, Gerald J. Stock, PE, TE, am Executive Vice President and owner of HCI, a California corporation, and am legally authorized to commit to contractual terms and conditions resulting from this submittal. My address and phone number are shown on our letterhead (above left). Gerald J. Stock, PE, TE, Executive Vice President 17821 E. 17th Street Suite 245 Tustin, CA 92780 Phone: (714) 731-9455 FAX: (714) 731-9498 www.hartzog-crabill.com 213 Ms. Melanie Perry August 29, 2024 Page 2 of 2 Our general company information, including legal name, address, telephone number, and title information of our company principal/owner is provided below: Hartzog & Crabill, Inc. 17821 E. 17th Street, Suite 245 Tustin, CA 92780 Phone (714) 731-9455 Attn: Mr. Gerald J. Stock, PE, TE, Vice President Email: jstock@hartzog-crabill.com If selected, I will remain as the firm principal from HCI to execute a new agreement with the City of Palm Desert. Our Senior Engineer, Mr. Scott Ma, PE, TE, will be assigned as the responsible engineer to complete the on-call traffic engineering services requested by the City. In addition, our Associate Engineer, Mr. Michael Vallado and our Traffic Signal Systems Supervisor, Mr. Greg Cabey, will remain available to assist the City with any requested day-to-day, on-call traffic engineering services. Upon execution of the agreement, HCI confirms that our insurance shall meet or exceed the City’s RFP requirements. HCI is proposing this project as a sole prime consultant, and does not intend on using sub-consultants, with exception to requested/City-approved traffic count data collection, as well as possible design potholing to confirm clearance in the larger signal foundations. The attached proposal will remain valid for a minimum period of (90) days from the date of this submittal letter. We encourage City staff to contact our references listed in our proposal, and solicit additional information regarding our firm’s personnel and qualifications. By signing this cover letter of transmittal below, I attest that all information submitted in the attached proposal is true and correct. On behalf of our entire HCI staff, we sincerely appreciate the opportunity to submit this proposal and being considered to serve your community. Very truly yours, HARTZOG & CRABILL, INC. Gerald J. Stock, PE, TE Executive Vice President City & Traffic Engineering Services Attach: Proposal 214 PROPOSAL FOR PROFESSIONAL ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES, RFP No. 2024-RFP-127 Prepared for: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: Ms. Melanie Perry, Senior Management Analyst Presented by: Hartzog & Crabill, Inc. Traffic Engineers 17821 E. 17th Street, Suite 245 Tustin, CA 92780 (714) 731-9455 August 29, 2024 215 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Table of Contents Section Description Page No.(s) A. Cover Letter initial pages B. Experience and Technical Competence 1 – 7 C. Firm Staffing and Key Personnel 8 – 12 D. Proposed Method to Accomplish Work 13 – 20 Fee Proposal (separate file submitted in OpenGov) 21 Agreement/Insurance/Business License 21 Appendix: Resumes (Separate File submitted in OpenGov) 216 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 1 Below and on the following pages, Hartzog & Crabill, Inc. (HCI) has provided our responses to the City’s requirements set forth in Section 5. Content and Format of Proposal of the City of Palm Desert’s RFP (starting on Page 7). We have incorporated the exact order of the bulleted format in RFP Section 5.1. Proposal (WITHOUT COST) below and on the following pages to facilitate the City’s review. A. COVER LETTER: Please see our cover letter of transmittal in the initial pages of this proposal package. B. EXPERIENCE AND TECHNICAL COMPETENCE: BACKGROUND Hartzog & Crabill, Inc. (HCI) is a California corporation operating as a private traffic engineering consulting firm, which has been in business since 1993 offering the same types of traffic engineering services under the same name (over 31 years of related experience). The firm’s sole office location is headquartered in Tustin, CA, which provides quick, easy access to the majority of our client cities. Our general firm information, including legal name, address, telephone numbers, and title information of our company owner/principal are provided below: Hartzog & Crabill, Inc. 17821 E. 17th Street, Suite 245 Tustin, CA 92780 Phone (714) 731-9455 Attn: Mr. Gerald J. Stock, Executive Vice President Email: jstock@hartzog-crabill.com Gerald J. Stock, PE, TE, is Executive Vice President and owner of HCI, and is authorized to commit to contractual terms and conditions resulting from this submittal. If selected, Mr. Jerry Stock will be the firm’s primary point of contact in regards to executing a new agreement with the City of Palm Desert. HCI has had no failures or refusals in completing a contract, and has no financial interests or conflicts in other lines of business. LOCATION The firm’s Tustin office location, located in Orange County near the Santa Ana (I-5) and Costa Mesa (SR-55) Freeway interchange, provides quick, easy access to the majority of our client cities. The office employees total (12) individuals who comprise a complete staff of professional engineers and support technicians where all design work products are prepared using state-of-the- art AutoCAD software and personal office computers from this office location. 217 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 2 B. EXPERIENCE AND TECHNICAL COMPETENCE: (continued) DESCRIPTION OF FIRM HCI is a consulting engineering firm specializing in serving local government agencies with a full array of engineering services, including serving several of our client cities as contract City Traffic Engineer, contract City Engineer, and “on-call” City Traffic Engineer. Specific to traffic engineering, traffic signals operations, and transportation planning, HCI performs various traffic services including, but not limited to, the following: Design of traffic signal and striping plans, specifications, and estimates (PS&E); traffic control plans; preparation of warrant analyses for traffic control devices (traffic signals, Stop signs, crosswalks, flashing beacons, RRFBs, etc.); review of traffic impact analyses; engineering and traffic surveys for establishing speed limits; on-going remote and local (off-site/on-site) management of local agency traffic signal systems; development and design of traffic signal coordination systems; assist cities with coordination of services completed by their traffic signal maintenance contractor. HCI also provides construction observation services on behalf of our client Cities relative to the installation of new or upgraded traffic signals, lighting, and copper/fiber optic interconnect communications in order to verify compliance with approved PS&E. Since its inception in 1993, HCI has proven itself as a leader in client satisfaction through successful project completion. This is evident in the continued and long-standing relationships we have maintained with our numerous client cities. The successes are attributed to the "hands on" approach that was demonstrated by our prior founding firm principals, Mr. Trammell Hartzog and Mr. Jerry Crabill (retired). It is important to note, Mr. Gerald J. Stock (‘Jerry’) is the current owner of HCI. Mr. Stock is a registered Civil and Traffic Engineer whose experience covers over (34+) years. Mr. Stock has been serving the City of Bellflower as both contract City Engineer and City Traffic Engineer for over (24) years. In addition to our technical expertise, a cornerstone of HCI’s success is our work ethic, loyalty to our client cities, completion of assigned tasks on schedule, and ability to effectively communicate with the public, City staff, and elected officials. TYPICAL SERVICES Working with numerous Southern California cities, HCI has been responsible for directing the activities of Traffic Divisions, providing expertise to City Engineering and Planning staffs, and responding to requests, inquiries and concerns of citizens and City Council members; typical of certain needs identified by the City of Palm Desert’s RFP for overall traffic engineering services. 218 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 3 B. EXPERIENCE AND TECHNICAL COMPETENCE: (continued) TYPICAL SERVICES (cont’d) If desired, our overall services available to the City of Palm Desert include the following: Traffic signal design Signing & striping design Warrant analyses for traffic control devices, such as traffic signals, Stop signs, crosswalks Traffic signal LOS operational analyses Develop and implement traffic signal timing plans Develop, design and implement traffic signal coordination systems Remote and local (off-site/on-site) management of traffic signals Traffic management plans (prepare and review traffic control plans) Review of traffic impact analyses Provide construction observation/management services on behalf of the City on all proposed traffic improvements, development, site and traffic management plans to ensure conformance with applicable standards (City, AASHTO, Cal. MUTCD, etc.) Coordination of activities of our client cities’ traffic maintenance contractor Engineering and Traffic Surveys for establishing speed limits Other traffic-related impact reports, surveys, and analyses From our office location, HCI also continuously operates twelve (12) agencies’ citywide traffic signal systems. The local agencies where HCI operates and maintains the coordination timing for traffic signals are the following cities: 1) Aliso Viejo 5) La Palma 9) San Juan Capistrano 2) Cerritos 6) Laguna Hills 10) Stanton 3) Cypress 7) Moorpark 11) Tustin 4) Indian Wells 8) Rancho Santa Margarita 12) Yorba Linda 219 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 4 B. EXPERIENCE AND TECHNICAL COMPETENCE: (continued) PERSONNEL All of our personnel are available and headquartered at our sole headquarter office in the City of Tustin. In regards to City-requested On-call Traffic Consulting and Design Services, as mentioned these traffic engineering services will be managed by our Senior Engineer, Mr. Scott Ma, PE, TE, who is available and works closely with our company firm principal, Mr. Jerry Stock, PE, TE, as well as our Associate Engineer, our Senior Designers, and our Traffic Signal Systems Supervisor and Specialist. Scott is currently performing similar on-call Traffic Engineer, and design/plan-checking services for the Cities of Lake Forest and Hermosa Beach; however, his availability to serve the City of Palm Desert is still at 40%. Our other key staff is available to serve the City at minimum 20% and up to 50%. Further details of our personnel staff are provided in the following Section C (starting on Page 8). It is important to note, our proposed staff is distinctly ready to serve the City of Palm Desert Public Works Department, and is immediately available to perform any of the requested on-call traffic engineering services with minimal supervision (including any backload of City work). DISCLOSURES HCI does not have any “Conflict-of-Interest” in working with the City of Palm Desert. HCI has no potential conflicts to disclose, and is not working on any projects (for another company or agency) that the City of Palm Desert needs to review on behalf of the City. Lastly, HCI also does not have any disciplinary actions against our firm to disclose. 220 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 5 B. EXPERIENCE AND TECHNICAL COMPETENCE: (continued) Below we are providing a listing of nine (9) relevant City REFERENCES, where HCI continues our on-call traffic engineering and signal design services, for the City of Palm Desert’s review & verification of our experience. All services are considered on-call/on-going traffic engineering services with assigned projects completed as requested and on-schedule. 1. City of Bellflower - City Engineer & City Traffic Engineer Contract Services, (since 2000) Mr. Len Gorecki, Assist. City Manager/Public Works Director, lgorecki@bellflower.org (562) 804-1424; Project Manager and Principal in Charge of Services – Mr. Gerald J. Stock, PE, TE 2. City of Cypress - City Traffic Engineering & Signal Operations Services, (since 1994) Mr. Nick Mangkalakiri, P.E., City Engineer, NMangkal@cypressca.org, (714) 229-6750; Principal in Charge of Traffic Signals – Mr. Greg Cabey 3. City of Hermosa Beach - On-Call City Traffic Engineer Contract Services, (since 2006) Mr. Lucho Rodriguez, Acting Director of Public Works, lrodgriguez@hermosabch.org, (310) 318-0210; Contract City Traffic Engineer – Mr. Scott Ma, PE, TE 4. City of Indian Wells – On-Call City Traffic Engineering & Signal Operations Services, (since 2015) Mr. Ken Seumalo, P.E., Public Works Director, kseumalo@indianwells.com; (760) 776-0237; Project Manager and Principal in Charge of Signals – Mr. Greg Cabey 5. City of Laguna Hills - City Traffic Engineering & Signal Operations Services (since 2000) Mr. Joe Ames, PE, TE, Public Works Director/City Engineer, james@lagunahillsCA.gov; (949) 707-2655; On-Call Traffic Engineering Services Project Manager and Principal in Charge of TE Services – Mr. Gerald J. Stock, PE, TE On-Call Traffic Signal Operations Support Services Principal in Charge of Signals – Mr. Greg Cabey 6. City of Lake Forest – City Traffic Engineer Services, (since 2014) Mr. Thomas E. Wheeler, P.E., Director of Public Works, twheeler@lakeforestca.gov; (949) 461-3480; On-call Professional Engineering Services Project Manager in Charge of Traffic Engineering Services – Mr. Scott Ma, PE, TE 7. City of San Juan Capistrano - On-Call Traffic Signal Operations Services, (since 1995) Mr. George Alvarez, Project Manager, GAlvarez@sanjuancapistrano.org, (949) 443-6351; Principal in Charge of Traffic Signals – Mr. Greg Cabey 8. City of Tustin - City Traffic Engineering & Signal Operations Services, (since 1993) Mr. Ken Nishikawa, Deputy Director of Public Works, KNishikawa@tustinca.org; (714) 573-3263; On-call Professional Engineering Services Project Manager in Charge of Traffic Engineering Services – Mr. Doug Anderson Traffic Signal Operations Support Services / Signal Monitoring Project Manager and Principal in Charge of Traffic Signals – Mr. Greg Cabey On-Call Traffic Signal, Signing & Striping, & Traffic Control Plan-Checking Services Project Manager in Charge of Plan-Checking Services – Mr. Scott Ma, PE, TE 9. City of Yorba Linda - On-Call City Traffic Engineering Services, (since 1994) Mr. Tony Wang, Traffic Engineering Manager, twang@yorba-linda.org; (714) 961-7170; Project Manager and Principal in Charge of Traffic Signals – Mr. Greg Cabey 221 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 6 B. EXPERIENCE AND TECHNICAL COMPETENCE: (continued) HCI has extensive experience in the development of traffic engineering plans, such as traffic signal design/modification, signal interconnect design, and signing & striping, as these are among our firm's primary service products. In the past recent years, our HCI project team successfully completed the following design plans: • San Juan Capistrano – HCI recently completed a traffic signal modification design for Adams Streeter for the intersection of Camino Capistrano and Old Mission Road in 2024, which included signing/striping design, as part of the Arguello Way Beautification project. Construction is expected in late 2024. • City of Yucaipa – HCI recently completed a traffic signal installation design for the intersection of Oak Glen Road and Colorado Street in 2023. Construction completion is expected in 2024. • City of San Juan Capistrano – HCI recently completed a traffic signal installation design for the intersection of La Novia Avenue and Calle Arroyo in 2023. Construction is completed in 2024. • City of Bellflower – HCI recently completed two traffic signal designs in 2023: 1) intersection of Bellflower Blvd at Park St; and 2) intersection of Bellflower Blvd at Cedar St. Construction is expected in 2024. HCI also completed 4 other traffic signal designs along Lakewood Blvd in 2022. • City of Yucaipa – HCI completed a traffic signal installation design for the intersection of Live Oak Canyon Road and Outer Highway 10 South during the past year in 2022. HCI also completed 2 other traffic signal designs for the City: 1) Oak Glen Road at Sunnyside Drive Signal Modification in 2021; and 2) Oak Glen Road at 2nd Street Signal Installation in 2020. • Town of Apple Valley – HCI completed a traffic signal modification design for the intersection of Navajo Road and Powhatan Road in 2022 for adding protected left-turn phasing to the SB movement, and included a left-turn phasing warrant and LOS analysis. HCI also completed a similar traffic signal modification design for the intersection of Bear Valley Road and Deep Creek Road in 2021. • County of Riverside/Caltrans – HCI completed a traffic signal modification design for the County/Caltrans shared intersection of Winchester Road and Thompson Road in 2021, which included signing/striping design, as part of an adjacent development project. • City of Bellflower – HCI completed 3 new traffic signal designs in 2020: 1) Bellflower Blvd at Harvard St.; 2) Bellflower Blvd at Mayne St.; and 3) Woodruff Ave at Lindale St. The designs included signing/striping and minor civil engineering work. Both Bellflower Blvd signals included decorative traffic signal equipment. • City of Whittier – HCI completed a new/modified traffic signal design for the off-set T- intersection of Greenleaf Avenue and Putnam Street in 2019. The design included updating the existing signal, and including the adjacent offset T-intersection into one signalized intersection with special off-set overlap phasing. The design also included new video detection, EVP, signing & striping design, and minor civil engineering work. 222 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 7 B. EXPERIENCE AND TECHNICAL COMPETENCE: (continued) HCI also has extensive experience in the preparation of traffic-related studies, such as traffic signal warrant studies, left-turn phasing warrant studies, Stop sign warrant studies, LOS operational/queuing analyses, Engineering and Traffic (E&T) speed limit surveys, as well as traffic signal timing, plan-checking services, and review of traffic impact analyses for our client cities. In the past recent years, our HCI project team completed the following: • Cerritos – Multi-Way Stop Sign warrant analyses for 1 intersection in 2024. • Stanton – E&T Survey for Speed Limits. Completed in 2024. • Laguna Hills – Sight Distance Evaluation at 2 locations. Completed in 2024 & 2023. • Laguna Hills – Multi-Way Stop Sign warrant analyses for 2 intersection, as well as a separate roadway speed evaluation and marked crosswalk analysis, in 2023. • Laguna Hills – Prepared Traffic Signal Master Plan for 18 Intersections in 2023. • Coto de Caza – Sight Distance Evaluation. Completed in 2023. • Town of Apple Valley – Left-turn Phasing Warrant Analysis at Navajo/Powhatan in 2022. • Indian Wells – E&T Survey for Speed Limits. Completed in 2022. • Coto de Caza – Signing & Striping Roadway Evaluation. Completed in 2022. • City of Bellflower – 3 Left-turn Phasing Warrant Analyses on Foster Road in 2022. • City of Yucaipa – Multi-Way Stop Sign warrant analyses for 4 intersections in 2022. • City of Indian Wells – Multi-Way Stop warrant analyses for 2 intersections in 2022. • City of Stanton – Crossing Guard warrant analyses for 3 intersections in 2022. • City of Bellflower – Traffic Signal Warrant Analysis for Bellflower/Cedar in 2022. • City of Lake Forest – Marked Crosswalk Analysis for Catalina at Mariposa in 2021. • City of Bellflower – Left-turn Phasing Warrant Analysis for Bellflower/Park in 2021. 223 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 8 C. FIRM STAFFING AND KEY PERSONNEL: HCI staff is comprised of (12) engineering professionals and technicians who have the proven ability/expertise to meet the ever-changing, challenging needs of the modern city. As shown above, HCI is providing an organizational chart showing the relationship of the City of Palm Desert and our proposed consultant team. Our proposed personnel are all headquartered in our Tustin office and will remain during the term of the agreement. HCI is proposing as the prime consultant, with two sub-consultants: NDS and possibly C Below or Bess Testlab. National Data & Surveying Services, Inc. (NDS) may be used more frequently for requested traffic count data collection associated with reports, surveys, studies, and investigations. C Below or Bess Testlab will only be used as-needed/City-approved for design potholing of traffic signal pole foundations. Traffic Signal Monitoring Jerry Stock, PE, TE Scott Ma, PE, TE Senior Engineer Greg Cabey, Traffic Signals Systems Supervisor Todd Hartzog, Senior Designer Michael Powers, Traffic Signals Systems Specialist Principal-In-Charge of Agreement Jerry Stock, PE, TE, Principal Engineer Project Manager Scott Ma, PE, TE, Senior Engineer Traffic Signal Design & Plan-Check, Signal Operations/Coordination Traffic & Transportation Studies & Warrant Reports, Exhibits Jerry Stock, PE, TE Scott Ma, PE, TE Michael Vallado, Associate Engineer Dave Martorano, Senior Designer Sub-Consultants NDS, Inc. (count data) C Below (design potholing) Bess TestLab, Inc. (design potholing) 224 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 9 C. FIRM STAFFING AND KEY PERSONNEL: (continued) HCI TEAM ORGANIZATION AVAILABLE TO SERVE THE CITY OF PALM DESERT FOR ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES: Firm Principal In Charge of Agreement/Contract: Mr. Jerry Stock, PE, TE, Principal Engineer Key Staff: Mr. Scott Ma, PE, TE, Senior Engineer (Project Manager) Mr. Michael Vallado, Associate Engineer Mr. Greg Cabey, Traffic Signal Systems Supervisor Mr. Todd Hartzog, Senior Designer Mr. Dave Martorano, Senior Designer Mr. Michael Powers, Traffic Signal Systems Specialist As mentioned, HCI staff is comprised of (12) engineering professionals and technicians who have the proven ability and expertise to meet the ever-changing, challenging needs of the modern city. As shown above, in regards to City-requested On-Call Traffic Consulting and Design Services that may include design, operations, timing and traffic signal plan-check services, these requested on- call engineering services will be managed by our Senior Engineer, Mr. Scott Ma, PE, TE. Scott works closely with our Associate Engineer and Senior Designers, as well as our Signal Systems Supervisor and Specialist in the majority of our design projects. All HCI personnel listed are all headquartered at our Tustin office. It should be mentioned, HCI and assigned key professional engineering staff are properly registered/licensed to practice in the State of California and will comply with all federal, state, and local laws and ordinances applicable to the work assigned. For most requested services, HCI proposes to serve the City of Palm Desert as a sole prime consultant on specific projects and does not intend on using any sub-contractors, with exception to obtaining City-requested traffic count data and possible design potholing for new, larger traffic signal pole foundations to obtain clearance of underground utilities. Below are ‘summary’ qualifications of our proposed staffing plan per our textual organization chart above (full resumes submitted separately): 225 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 10 C. FIRM STAFFING AND KEY PERSONNEL: (continued) KEY PERSONNEL Mr. Gerald J. Stock, PE, TE, HCI Executive Vice-President, Principal Engineer Mr. ‘Jerry’ Stock is a registered professional Civil and Traffic Engineer with more than (34) years of municipal engineering experience. If selected, Jerry will serve as the firm Principal-In-Charge of the new agreement with the City of Palm Desert for the requested on-call Traffic Consulting and Design Services. Jerry presently serves the City of Bellflower as contract City Engineer and City Traffic Engineer since November 2000. Jerry has been responsible for completing the majority of our Engineering and Traffic (E&T) Survey for Speed Limits for numerous local Southern California agencies. Mr. Scott Ma, PE, TE – Senior Engineer (Project Manager) Mr. Scott Ma is a licensed, professional Civil and Traffic Engineer registered in the State of California and brings over (24) years of engineering experience. Scott is a senior engineer that works in our HCI Tustin office, and is currently providing part-time contract City Traffic Engineer services to Cities of Lake Forest, as well as on-call traffic engineering services to the City of Hermosa Beach. Scott’s experience includes reviewing and conducting a variety of traffic studies including but not limited to, warrant analyses, preparing and reviewing traffic impact analyses reports and recommendations, responding to community requests such as crosswalks, traffic signals, stop signs, parking matters, and also performing project management that includes the final design preparation and submittal of project plans, specifications, and estimates (PS&E). His experience also includes overseeing numerous aspects of our client cities’ consulting service requirements in regards to review of traffic-related requests, analyses and operational studies, permits, and other daily duties requested. As mentioned, Scott will be assigned as Project Manager to perform the requested on-call traffic engineering services for the City of Palm Desert. Scott’s email address contact information is sma@hartzog-crabill.com. Mr. Michael A. Vallado – Associate Engineer Mr. ‘Mike’ Vallado provides assistance to Mr. Jerry Stock, and Mr. Scott Ma in the area of preparation of traffic signal and left-turn phasing warrant analysis reports, traffic signal operations (LOS) and queuing analyses, multi-way Stop sign analyses, and related project specifications. Mike brings over (26) years of experience specifically related to traffic-engineering and signal design. Five of these years were devoted to running the City of Glendora's Traffic Engineering section, while the past (21) years have been with HCI. His primary responsibilities with HCI include preparing signal analysis reports & recommendations, warrant analyses and evaluations, project specifications, and final review & preparation of plans, specifications, and estimates to our client cities. 226 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 11 C. FIRM STAFFING AND KEY PERSONNEL: (continued) Mr. Greg Cabey - Traffic Signal Systems Supervisor Mr. Cabey brings over (30+) years of traffic signal experience to the HCI team and will be involved in certain aspects of requested traffic signal timing and operations tasks. Prior to HCI, Greg was a Lead Technician for Peek Traffic for over (12) years, and is certified as an International Municipal Signal Association (IMSA) Level III Traffic Signal Technician. This HCI and Peek Traffic experience has allowed him to continue retaining in-depth knowledge on the types of controllers in the area’s traffic signal system. Greg’s extensive field experience and familiarity with signal systems and timing will aid in the complete success of any requested traffic signal design and signal timing related services. Mr. Todd Hartzog – Senior Designer Mr. Todd Hartzog provides assistance to our team in the area of signal design. Todd brings over (30+) years of experience specifically related to traffic signal and signing/striping design, traffic signal operations/monitoring assistance, and overall traffic engineering services. His responsibilities also include CAD designs on traffic projects, including traffic signal, interconnect, and signing and striping plans. Mr. David Martorano – Senior Designer Mr. David ‘Dave’ Martorano provides assistance to our team in the area of traffic engineering design, signing & striping design, and traffic control plan preparation. Dave has been with HCI for (30+) years with overall experience in traffic engineering design. His responsibilities with HCI include project research and full AutoCAD design on all traffic-related projects, including traffic signal, interconnect, signing/striping, and traffic control plans. Mr. Michael Powers - Traffic Signal Systems Specialist Mr. Michael Powers brings over (30+) years of traffic signal experience to the HCI team and will also be involved in requested traffic signal timing and related trouble-shooting & observation tasks. Michael is also certified as an International Municipal Signal Association (IMSA) Level III Traffic Signal Technician. Prior to HCI, Michael worked for Siemens (Republic) as a Lead Technician for over (20) years. 227 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 12 C. FIRM STAFFING AND KEY PERSONNEL: (continued) SUB-CONSULTANTS In terms of possible City-requested traffic count data collection, HCI proposes to use National Data & Surveying (NDS) Services, headquartered in Los Angeles, CA to collect any required vehicular traffic and pedestrian data as part of City-requested reports, surveys, studies, and investigations. Founded in 1989, NDS was established to deliver accurate and professional solutions to their client’s traffic, transit and GIS/GPS data collection needs. NDS has over (35) years of successful operations, and an outstanding team of (100) professional full time employees that have established them as the foremost, full service traffic and transit data collection company on the west coast. NDS is certified as a SBE by the State of California. HCI has successfully partnered with NDS on numerous data collection projects over the last (26) years, realizing their competitive pricing on their efficient data collection. Projects that HCI has completed with NDS include data collection for numerous stop sign warrant analyses, traffic signal warrants analyses, left-turn phasing/delay warrant studies, citywide E&T speed limit surveys, citywide ADT flow maps, truck classification counts for TI calculations, traffic signal timing development (counts for free & coordinated timing), SYNCHRO Level-of- Service (LOS) operational/queuing analyses, crosswalk analyses, video surveillance and parking studies. Upon request by the City of Palm Desert, HCI will use NDS to conduct count data collection specific to the requested task(s). 228 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 13 D. PROPOSED METHOD TO ACCOMPLISH WORK: OVERVIEW AND APPROACH TO CITY REQUESTED SERVICES: In general, HCI understands that the tasks listed in Items No. 1 - 4 and 8 in the City’s RFP Section 3.2. Types of On-Call Traffic Consulting and Design Services are primary tasks, and may require development of construction documents for roadway engineering plans, including traffic signal plans, signing and striping plans, and also may include related plan-check and traffic studies. More specifically, we understand that the City is interested in selecting consultants who have the civil & traffic engineering experience and expertise to provide as-needed traffic engineering services, including traffic signal design, signing & striping design, and related plan-check services, and review of traffic analyses. We also understand the purpose of developing a qualified list of consultants capable of performing this work is to have a ready contract and required insurance in place to streamline the process of contracting for engineering and design work on various projects. These services are intended to be an on-call/as-needed basis to supplement City staff’s efforts where specific expertise is required or time constraints necessitate consultant assistance. HCI provides these and other types of traffic engineering services, including traffic design, traffic signal timing, warrant analyses, construction observation services, and other traffic-related duties in a comprehensive and timely manner. HCI does possess the expertise, experience, and familiarity in successfully providing the requested traffic engineering design services, including working with various regional agencies such as Riverside County and Caltrans District 8. On the following pages, we have provided responses on our typical on-call engineering experience and capabilities below each type of possibly requested engineering consultant service that may be assigned by the City. If selected, our Senior Engineer, Mr. Scott Ma, PE, TE, and our Associate Engineer, Mr. Michael Vallado, will serve the City of Palm Desert in providing design and/or recommendations and requested services to the City’s principal contact on an on-call basis. This team will ensure that consistent communication between the City of Palm Desert and HCI occurs regularly. On-Call Traffic Consulting and Design Services Our assigned staff that will serve the City of Palm Desert have a thorough knowledge and proficiency in local agency municipal codes, current State (Caltrans) standard plans and specifications, Highway Design Manual, Highway Capacity Manual, California Manual on Uniform Traffic Control Devices (CA MUTCD), policies and procedures for ADA regulations, traffic signal timing, traffic engineering modeling and methodologies, County/City traffic standards and methodologies, and the State of California Vehicle Code. Our team will provide the City with the materials and labor to perform the requested traffic engineering services and conform to these standards. 229 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 14 D. PROPOSED METHOD TO ACCOMPLISH WORK: (continued) Under the direction of the City’s principal contact, or other approved staff member, HCI will be ready to provide on-call traffic engineering consulting services and address the following areas within the City of Palm Desert Public Works Department: 1. Provide traffic engineering design. HCI has extensive experience in the development of traffic engineering plans, such as new traffic signal, traffic signal modification, signal interconnect, signing and striping, and traffic control plans, as these are our firm’s primary service products. For each of these types of plans, HCI includes technical provisions and engineer’s estimates that complement each plan set providing complete PS&E that is ready for construction bidding on time and within the approved schedule. Examples of our different types of designs can be submitted for the City’s review upon request. 2. Review, plan-check, and make recommendations on traffic plans and reports, and provide input relating to traffic issues on planning and development applications. Our staff also has extensive experience in reviewing and analyzing several types of City and developer-related plans, as well as assimilating the findings and recommendations into easily understood summations. Our experience and expertise also allows quick and complete site plan review for traffic engineering applications to determine conformance to traffic, parking, access, street and pavement, subdivision requirements, meetings with developers or contractors to resolve traffic issues. It is noted that many development-related services such as the review of street improvement or traffic signal plans are project specific and are treated as recoverable project costs. Upon request, HCI staff will render and remit a typed plan-check correction/clarification list (2 copies) to the Public Works Department within (10) working days from notification by the City for a typical development project. 3. When requested, prepare written engineering reports related to pedestrian traffic patterns, traffic installations, and traffic control devices such as STOP signs, traffic signals, crosswalks, speed zones, traffic control, and similar matters. Our staff prepares numerous amounts of warrant analysis and traffic operations reports every year for various city agencies, such as, traffic signal warrants, left-turn phasing warrants, multiway stop warrants, operational level-of-service (LOS), queuing analyses, crosswalk warrants, traffic calming studies, Engineering and Traffic (E&T) surveys for speed limits, etc. HCI staff has obtained and analyzed data, prepared exhibits, and developed reports for literally hundreds of traffic studies. Sample reports can be forwarded to the City upon request. 230 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 15 D. PROPOSED METHOD TO ACCOMPLISH WORK: (continued) Again, HCI staff has extensive experience in reviewing and analyzing all types of City and developer-related traffic studies and reports, as well as assimilating the findings and recommendations into easily understood summations. 4. Provide technical advice on traffic signal facilities, accident rates, new developments, and maintenance of traffic facilities. HCI has the capability and range of expertise to provide technical advice to the City of Palm Desert on many traffic or transportation-related issues or facilities. HCI staff will complete the requested services in a thorough and efficient manner, on time and within the approved fee schedule. 5. Review proposed improvements for conformance to the City’s Traffic Standards. As previously noted, HCI has the expertise to review proposed improvements, development, site, and traffic management plans (i.e., traffic control plans) for conformance to the City’s standards, from both a traffic engineering and civil engineering perspective. 6. Work closely with City staff, Caltrans, Riverside County, and local law enforcement agencies in analyzing traffic-related issues and mitigation. A tenet of HCI is our belief that we serve as an extension of City staff and consider ourselves as associates in the well-being of the City. Through our successful work in other communities, HCI already has these relationships firmly established. One notable and particularly important relationship is working with Caltrans. HCI staff has been able to quickly contact the correct person for project development, along with other similar individuals at Caltrans District 8 as well as Riverside County, in order to resolve traffic- related matters that affect our client cities. 7. Work with City staff and other consultants in developing, monitoring and providing input into traffic services. Since our client base are primarily municipalities, we have extensive experience working with both City staffs and other city consultants in providing the support necessary to ensure that traffic services and transportation planning required by the City are met. These associations also afford HCI the opportunity to learn and share new technologies, products and procedures with our client cities. 231 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 16 D. PROPOSED METHOD TO ACCOMPLISH WORK: (continued) 8. When requested, advise the City regarding traffic-related matters. HCI’s collective experience and expertise in most aspects of traffic and transportation engineering allows our staff to provide advice and recommendations to our client cities on numerous traffic issues. If a new or unique situation arises, HCI staff does not hesitate in performing the research necessary to determine an appropriate action or recommendation. 9. Develop a prioritized list of traffic improvement projects for inclusion into the City’s Capital Improvement Program (CIP) and incorporate into existing project lists. HCI has also worked with many of our client cities in identifying and developing long and short-range CIP projects consistent with the economic capabilities of the City. A fundamental goal of HCI in developing CIP projects is to provide City staff with that data necessary to make meaningful decisions at critical stages of the project’s development, in order to provide viable, achievable options. Consistently reaching this goal assists with resolving issues and problems associated with each project. Possible traffic engineering candidate projects the City of Palm Desert may desire to consider or expand on include the following: a.) Video surveillance of other major intersections or street segments. b.) Identification and analysis of potential critical intersections, improvement alternatives, and funding opportunities. c.) An updated Signal Construction or Modification Priority List, including long-term maintenance and equipment needs. d.) Implementation of emergency vehicle preemption (EVP) systems. e.) Countdown pedestrian signal indications. f.) APS pedestrian push-buttons. g.) Changeable message signs. 10. Other duties, as assigned by City Engineer or Director of Public Works. As previously noted, HCI’s collective experience and expertise in most aspects of traffic and transportation engineering allows our staff to provide recommendations to our client cities on numerous traffic issues. Consequently, if a unique situation arises or a new duty is assigned by the City’s principal contact, HCI staff will not hesitate in performing the research necessary to determine an appropriate action or recommendation. If other services are requested on a project-by-project basis, HCI will negotiate with the City and provide a pre-agreed scope of work and hours required to complete the work. 232 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 17 D. PROPOSED METHOD TO ACCOMPLISH WORK: (continued) TRAFFIC SIGNAL OPERATIONS SUPPORT SERVICES: It is noted, we are including an explanation of our traffic signal support services for the City’s review. We understand these particular on-going services may not be needed; however, they are provided as part of our experience information for the City’s consideration. As mentioned, HCI currently manages the traffic signals and signal systems of (12) cities on a daily basis. Consequently, we have a very good understanding and are infinitely familiar with both the Econolite control equipment as well as the Centracs and Aries Traffic Management System softwares for traffic signal systems management. In regards to coordination timing and separate time-referencing devices, all signal controller time clocks that we manage are constantly updated through our Centracs and Aries Traffic Management softwares, which are always connected to the GPS time via internet. HCI’s project-specific experience includes extensive knowledge on the local agency’s signal controllers. HCI staff continuously (daily) interfaces with the signal controllers in our client cities which currently use the Econolite ASC/2S, ASC/3, and the latest Cobalt system controllers, the ASC/2M master controllers, and managed by the Centracs and Aries Traffic Signal Management systems. HCI staff’s “hands-on” traffic signal timing experience comprises all levels of timing applications, including timing input into signal system controllers manually and from our traffic signal management center through our licensed system software, designing and installing special “custom” traffic signal operational circuitry, and maintaining signal interconnect operations. Our same team members have been working with several City staffs during the past several years in monitoring their City’s systems. Lastly, throughout the past years, HCI has maintained a good working relationship with Caltrans, as several projects have been implemented that successfully interfaced with freeway interchange traffic signal systems. In conjunction, HCI staff continues our on-going excellent relationships with most traffic signal, lighting, and signal maintenance contractors (and their technicians) including Econolite (Aegis), Siemens ITS, Computer Services Company (CSC), Bear Electric, St. Francis, as well as with Caltrans and the County of Riverside for any shared City/State or City/County intersections. 233 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 18 D. PROPOSED METHOD TO ACCOMPLISH WORK: (continued) Approach The specific approach to our on-going traffic signal operations and management services that HCI provides to our client agencies includes the following: HCI typically provides a Traffic Signal Systems Supervisor for the monitoring support on all the City’s traffic signals. The Supervisor sets up the Scheduled Operations on the Centracs or Aries Traffic Management systems specifically for our client City’s systems in order to automatically perform a variety of tasks. Specifically, the Centracs/Aries functions and Supervisor’s time spent on these services include performing the following daily sub-tasks: 1. The Scheduled Operations automatically gather and store historical data and real-time information on all the City’s traffic signal operations programmed; 2. The data is reviewed daily to verify that all traffic signals are working properly; 3. Any malfunctions logged are immediately reported to the City’s designated traffic signal maintenance contractor, for dispatch; 4. The historical data is also analyzed to identify traffic volumes and patterns in order to assist in determining if adjustments to signal timing is necessary; 5. Verify if all timing is programmed correctly in each master and local controller. HCI staff typically reports traffic signal problems and malfunctions to the City’s traffic signal maintenance contractor within (24) hours. HCI staff coordinates all work associated with the City’s contractor and also provides verification to the City of their completed work. HCI staff often assists the City in resolving traffic signal control complaints by speaking by phone/email/in person with the resident(s)/City personnel on their specific request/complaint. HCI staff completes the necessary investigation and makes recommendations to the City on identified traffic signal improvements, such as equipment upgrade, more efficient signal phasing, significant timing adjustments, any new coordinated signal control systems, etc. Upon request, HCI staff may also drive each project arterial during peak-periods in order to verify and fine-tune coordination timing. If necessary and approved by the City, HCI also coordinates/gathers updated traffic counts as part of the investigation. The above approach has proven to be a valuable service to our client cities, as the on-going scheduled signal management has minimized overall time in troubleshooting, repair, and maintenance company efforts by City staff on their citywide traffic signal system. In turn, this controlled management service actually saves the City on the amount of time and personnel required to monitor and repair signal related issues. 234 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 19 D. PROPOSED METHOD TO ACCOMPLISH WORK: (continued) Project Controls A tenet of HCI is our belief that when acting on behalf of the City of Palm Desert, we serve as staff associates, or as an extension of City staff, in the well-being of the City. As such, we try our very best to always streamline the required traffic signal management tasks, design and plan review process, and also believe we have a commensurate responsibility to the public for high quality performance of our own services, and quality assurance when reviewing others’ plans. All of our staff that will serve the City of Palm Desert have a thorough knowledge and proficiency in local agency municipal codes, current State (Caltrans) Standard Plans and Specifications, Highway Design Manual, Highway Capacity Manual, California Manual on Uniform Traffic Control Devices (CA MUTCD), policies and procedures for ADA regulations, traffic signal timing, traffic engineering modeling and methodologies, County/City traffic standards and methodologies, and the State of California Vehicle Code. Upon request by the contract officer, our team will provide the City with all materials and labor to perform the requested on-call traffic engineering and traffic signal operations support services and conform to industry standards. In addition to our technical expertise, our staff possesses the ability to effectively communicate in oral or written form and have no difficulty speaking before groups, if requested by the City. As part of our on-call traffic engineering and on-going signal management services, HCI staff remains available to provide assistance to the City contract officer and/or contractors during the construction phases, as applicable, either in person, or via email or phone. As we specialize in traffic design, HCI prides itself on timely design phase submittals, complete internal plan-checks of our own designs or other consultants’ designs, and consistently providing a quick turn-around for addressing comments. We typically provide 60%, 90% and final submittals on our designs within 4 to 8 weeks, and rarely have significant comments on our own design plans. Upon review and final approval by the City of the preliminary engineering plans submitted, a final set of the plans, specifications, and construction estimate (PS&E) are typically submitted within a week, including a construction item list with quantity extensions and definitions suitable for bidding. Our typical turn-around for plan-check services is within one to two weeks from receipt. Similarly, HCI can control costs by providing accurate and timely invoices through internal control measures. HCI prides itself on consistently working with the City to quickly address requests and staying in budget. HCI’s ability to take a request from the City for a traffic design all the way through completion of construction, including signal timing, operations, and ‘turn-on’ tasks, ensures greater accuracy, efficiency, and timely results. 235 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 20 D. PROPOSED METHOD TO ACCOMPLISH WORK: (continued) Quality Control/Quality Assurance (QA/QC) HCI employs the following QA/QC program that outlines the definition of roles, responsibilities, expectations, review requirements, and quality standards of all services, documents, and procedures in order to ensure a high standard of work: a) Service Request or Plan Review: Our service tasks and submitted documents go through three levels of review prior to response: Initial Peer Review, Project Manager Review, and QA/QC Review. This three-tiered review allows for error mitigation on three separated levels of detail: ground level (signal design and management check, drafting, calculations, and document formatting), project management level (signal design and management decision, and project intent compliance) and quality assurance level (signal design and management confirmation, completeness of document and ensure “biddable” or “implementable” plans). Our service tasks and plan checks look at the 5C’s: consistent, correct, clear, constructible, and complete. b) Communication: HCI will stay in constant communication with the City contract officer to ensure we understand the service request and have all necessary milestones in place and that we meet those milestones. As previous clients can attest to, our team will allocate as many engineering and support staff to the project to ensure the schedule is maintained and that the City is satisfied with the delivery of the project. We make it a point to accommodate our client's needs, and we guarantee satisfaction with our ability to deliver. By making ourselves consistently available to the City, we avoid delays and any defects to the final traffic PS&E or any signal services that could occur as a result of miscommunication or misunderstanding. c) Scheduling: For the remote possibility there is a delay, our project manager will develop strategies to bring the project back on track using all necessary means at no additional cost to the City. Above all else, clear communication will be the critical item in bringing any schedule slippage back on track. Our staff will actively communicate with the contract officer and affected parties to reschedule or reallocate resources in an effort to expedite all necessary items. Tasks can be reorganized to allow for staggering of work items. 236 Proposal for On-Call Traffic Consulting & Design Services for the City of Palm Desert, CA Page 21 SECTION 5.2 – FEE PROPOSAL: HCI understands from the RFP that a new agreement for these services will be up to $2 Million over a 24-month period. As these are on-call, as-needed traffic consulting and design services, andas outlined in Section 5.2 of the City’s RFP, HCI is providing our Schedule of Hourly Rates (Fee Schedule attached as a separate Cost File) for compensation of City-requested On-Call Traffic Consulting and Design Services. The rates will remain valid through a new 24-month contract. AGREEMENT/INSURANCE/BUSINESS LICENSE: HCI agrees to the terms in the RFP and sample agreement. HCI will provide updated insurance and business license requirements at the time of execution of a new agreement for a 24-month contract. 237 238 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 26th 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 KIMLEY-HORN AND ASSOCIATES, INC., a Corporation, with its principal place of business at 73-700 DINAH SHORE DRIVE, UNIT 101, PALM DESERT, 92211 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: On-Call Traffic Consulting and Design Services Project No. MTS00004 (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 26, 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 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 239 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: JEAN FARES, P.E. 3.2.5 City's Representative. The City hereby designates BASSAM AL-BEITAWI, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates JEAN FARES, P.E., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants 240 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 241 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 242 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. [Reserved]. (G) Cyber Liability Insurance. [Reserved]. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City 243 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 244 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, 245 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. 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 maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the 246 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require e very employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 247 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: KIMLEY-HORN AND ASSOCIATES, INC. 700 DINAH SHORE DRIVE, UNIT 101 PALM DESERT, CA 92211 ATTN: JEAN FARES, P.E., SENIOR VICE PRESIDENT 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. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduc tion and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 248 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 249 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 250 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 251 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 252 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND KIMLEY-HORN AND ASSOCIATES, 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 KIMLEY-HORN AND ASSOCIATES, A CORPORATION By: Jean Fares, P.E. Senior Vice President By: Its: Assistant Secretary Printed Name: Robin Osborne Jr. QC: _____ Insurance: _____ Initial Review _____ Final Approval 253 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 1. Traffic Engineering and Analysis Conduct traffic impact studies for new developments and redevelopment projects. Perform traffic signal warrant analyses, intersection capacity analyses, and corridor studies. Provide recommendations for traffic signal timing and coordination. Develop traffic management plans for special events and construction projects. Perform traffic data collection, including vehicle counts, speed studies, and pedestrian/bicycle counts. 2. Transportation Planning Develop and update citywide transportation plans and policies. Conduct long-range transportation planning, including multimodal transportation plans. Evaluate and plan for bicycle and pedestrian facilities. Assist in the preparation of grant applications for transportation funding. 3. Traffic Signal Design and Implementation Design new traffic signal systems and modifications to existing systems. Prepare plans, specifications, and estimates (PS&E) for traffic signal projects. Provide technical support during construction, including review of shop drawings and response to requests for information (RFIs). Conduct traffic signal system evaluations and recommend improvements. 4. Traffic Calming and Safety Improvements Analyze/recommend traffic calming measures for residential neighborhoods/high-traffic areas. Design and implement pedestrian safety improvements, including crosswalks, signage, and pedestrian signals. Conduct road safety audits and develop safety improvement plans. Provide recommendations for school zone safety enhancements. 5. Parking Studies and Management Conduct parking studies to assess current and future parking needs. Develop parking management plans, including on-street and off-street parking solutions. Provide recommendations for parking facility design and layout. Assist in the implementation of parking technologies, such as automated parking systems and smart meters. 6. Intelligent Transportation Systems (ITS) Design and implement ITS solutions to improve traffic flow and safety. Develop plans for the integration of new technologies, such as adaptive signal control and traffic monitoring systems. Provide technical support for the deployment of ITS infrastructure. Conduct evaluations of existing ITS systems and recommend enhancements. 7. Public Engagement and Outreach Develop and implement public outreach strategies for transportation projects. Facilitate public meetings, workshops, and stakeholder engagement sessions. Prepare informational materials, including presentations, reports, and brochures. Collect and analyze public feedback to inform project development. 8. Project Management and Coordination Provide project management services, including scheduling, budgeting, and resource allocation. Coordinate with city staff, other consultants, and external agencies to ensure project success. Prepare regular project status reports and updates for city officials. Ensure compliance with local, state, and federal regulations and standards. 9. Environmental and Regulatory Compliance Conduct environmental reviews and assessments for transportation projects. Ensure compliance with environmental regulations, including CEQA and NEPA. Prepare necessary documentation for environmental clearance and permits . Develop mitigation measures to address environmental impacts. 254 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from September 26, 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 (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. • No work shall be initiated without an approved Task Order. • Contractor shall perform services based on an approved Task Order. • The Contractor will provide an estimated timeline for project milestones and completion. • The Contractor shall perform all work within the time agreed upon with the City. • Work required in strict compliance with the contract documents. 255 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 TASK ORDER FORM Task Order No.____________ Agreement: ______________ Consultant: ______________ Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________ The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above. CITY OF PALM DESERT KIMLEY-HORN AND ASSOCIATES, INC. Date: __________________ Date:_________________ By:______________________ By:___________________ 256 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "C" COMPENSATION The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 257 258 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services prepared for: City of Palm Desert 259 City of Palm Desert TRCALAD001549.2024 1 Table of Contents A. Cover Letter ...................................................................................................................2 B. Experience and Technical Competence ........................................................................4 C. Firm Staffing and Key Personnel ................................................................................18 D. Proposed Method to Accomplish the Work ................................................................24 260 City of Palm Desert TRCALAD001549.2024 2 A. COVER LETTER August 29, 2024 Melanie Perry Senior Management Analyst City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Proposal for On-Call Traffic Consulting and Design Services (2024-RFP-127) Dear Ms. Perry and Members of the Selection Committee: The City of Palm Desert (City) has made significant investments in recent years to upgrade its infrastructure as its community grows and thrives. We recognize the City’s accomplishments in transportation improvements, and we are excited at this opportunity to be a part of the City’s growing program of creating a comprehensive, safe, and connected multimodal transportation network for all ages and abilities. Having a qualified and experienced consultant partner is crucial in carrying out these efforts of enhancing transportation operations and design within the City. The City should be well served by a consultant and partner that has a strong understanding of the community and local area, is already familiar with your team, and offers depth in on-call contract experience. Kimley-Horn is that consultant. We offer the following benefits for your community: Local Expertise and Presence. Kimley-Horn’s local office is located right in Palm Desert and is less than six miles away from City Hall. Our project manager, Jean Fares, PE, and principal-in-charge, Frank Hoffmann, PE, oversee this growing office. Our close proximity to the City means that we can mobilize and be responsive to your needs at a moment’s notice. Responsiveness is one of the tenets of our approach in providing excellent on-call service. Through our current contract with the City, the Kimley-Horn team augments City staff resources, promptly responding to requests and solving complex transportation planning and traffic engineering challenges. Additionally, being a multidisciplinary firm has allowed us to bring in our resources to address the City’s needs beyond typical traffic engineering projects. This includes engaging graphic artists to develop public art concepts and environmental planners to help address environmental questions. Our local knowledge goes beyond the City limits, covering the Coachella Valley region. The Kimley-Horn team is actively engaged with several neighboring cities and agencies in the Coachella Valley, including: Rancho Mirage, Palm Springs, Indian Wells, Indio, La Quinta, Coachella Valley Association of Governments (CVAG), and Caltrans District 8. Our Coachella Valley experience has given us a sound understanding of the local environment, particularly its stakeholders and residents, and will inform our approach to each task under this contract. Trusted Partner. Kimley-Horn is proud to have served the City extensively for more than 20 years, and through our work, we are intimately familiar with your staff, design standards, community concerns, and expectations for success. Our project portfolio for you includes Traffic Operations and Capacity Improvements, Haystack Road and Highway 74 Intersection Modification, Highway Safety Improvement Program (HSIP) Cycle 10: High-Visibility Crosswalk Improvements, Rail Station Feasibility Study, Local Roadway Safety Plan (LRSP), and more. Our work with you has taken us across your City, and we have had the distinct pleasure of working with your staff from various departments. With this experience, we can eliminate the learning curves, saving you valuable time and precious resources. Extensive On-Call Experience. Kimley-Horn holds a strong track record of successfully completing on-call projects and tasks across various cities and counties in California, including several in Coachella Valley. Since many task orders are issued in a short timeframe, we have proven our abilities to respond and deliver quickly to meet the City’s needs. This strong understanding of what it means to be truly “on-call” comes with an experienced and seasoned team. Project manager Jean Fares, PE, brings more than 35 years of experience in traffic engineering and design, focusing on delivering on-call services to municipal clients like the City. He has been personally involved in each of the current and past contracts we have held with the City, and he has assembled a diverse team of engineers, planners, and professionals to deliver traffic and traffic-related services. Kimley-Horn’s “one-stop” shop allows for seamless communication and integration of resources, allowing us to take a project successfully from early planning stages through construction. 73-700 Dinah Shore Drive, Unit 101 Palm Desert, CA 92211 261 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 3 Kimley-Horn is confident that our qualifications and client service are unparalleled, and we look forward to expanding our partnership with you and continuing to serve the City and your community. Should you have any questions about our proposal or require any additional information, Jean can be reached directly at 818.970.2048, jean.fares@kimley-horn.com, or the address at the top of the previous page. Thank you for your consideration of our qualifications. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jean Fares, PE* Project Manager/Senior Vice President Kimley-Horn acknowledges the receipt of questions and answers published by the City on August 5, 2024 and August 19, 2024. ◊ Executive Summary Kimley-Horn has prepared an approach to accomplishing any task order requested by the City, which we discuss in further detail in D. Proposed Method to Accomplish the Work later in this proposal. Our method to completing this work is rooted in the following key areas: Rapid Mobilization: Our firm’s simple organizational structure, complemented by robust resources, allows for rapid mobilization for varying project needs. Responsiveness: A critical component to a project’s success is responsiveness. Each and every request and message from the City is viewed as important, and we are able to prioritize these requests based on the project’s goals and schedule. Ongoing Communication and Consultation: Our team maintains ongoing and consistent communication to promote proactive, instead of reactive, project management. Flexibility and Creativity: The role of a good engineer goes beyond memorizing and implementing standards or maintaining the status quo. Our team effectively deploys industry standards in a way that addresses unique project challenges and promotes creative thinking. Commitment of Senior-Level Management: Our firm’s culture promotes active engagement from senior team members throughout project duration. Our team has work planning tools allowing us to effectively dedicate diverse staff resources of all experience levels to projects. We work plan on a weekly basis to remain diligent and efficient in delivering project milestones. Innovation: Kimley-Horn is well- versed in technology and innovation; we dedicate ourselves to conducting research and staying immersed in emerging areas to bring forth new ideas to the City. *As a principal of Kimley-Horn, Jean is authorized to negotiate agreement terms and compensation on behalf of the firm. 262 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 4 B. EXPERIENCE AND TECHNICAL COMPETENCE ◊ 1. Background Kimley-Horn is a full-service engineering, planning, and environmental consulting firm providing a comprehensive range of services to public and private clients throughout the United States. Founded in 1967, our company has grown from a small group of traffic engineers and transportation planners to a multidisciplinary firm of more than 7,700 professionals in 133 offices nationwide. Our 13 California offices, including local offices in the Coachella Valley, Riverside, Orange, and Downtown Los Angeles, have more than 800 engineers, planners, designers, and technicians—affording us the depth of staff resources necessary to execute virtually any assignment in response to the City’s needs for this contract. We provide our clients with the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm could offer. According to Engineering News-Record, our firm now ranks 10th overall among the nation’s top 500 design firms in the US in 2024. We Know What It Means to be “On-Call” Kimley-Horn’s professionals understand the complexities of on-call assignments and develop solutions unique to each community we serve. Our project manager, Jean Fares, PE, will be the City’s primary point of contact and has a thorough understanding of the City’s objectives. Jean, having served in the same capacity for similar contracts across Southern California, understands that each project/task order objective will vary based on the specifics of the assigned task for this contract. The City needs a consultant with the experience and commitment to delivering high responsive services—Kimley-Horn has been doing just that since our firm was founded over 57 years ago. Our experience completing on-call engineering tasks has afforded our team an in-depth understanding of typical considerations that help meet project goals and deliver successful work. We have an extensive history of completing on-call projects successfully, on time, and within budget. We will commit the necessary resources to help in the success of each project assignment that is outlined in the scope of services. We will do this through proactive project management and continuous contact between City staff and our key personnel. We have the tools that tell us exactly how and when to implement these resources. While this can be perceived as an internal issue to Kimley-Horn, the tools we use to manage and administer a project are really for the client’s benefit, since a firm basis is established for on-time, within-budget delivery of all services. Schedule and budget are extremely important to us, and our resources will allow us to meet the goals established for your projects. The map below highlights our on-call contract experience in Southern California. Sacramento Oakland Pleasanton San Jose Capitola Monterey Los Angeles Santa Clarita Orange Palm Desert San Diego Riverside San Mateo Long Beach Kimley-Horn California Office Locations 57 YEARS 133 OFFICES 7,700+ EMPLOYEES Southern California On-Call Contracts • Caltrans (District 11) • City of Agoura Hills • City of Anaheim • City of Artesia • City of Bakersfield • City of Banning • City of Beaumont • City of Beverly Hills • City of Brawley • City of Burbank • City of Calexico • City of Carlsbad • City of Chino • City of Chino Hills • City of Chula Vista • City of Coachella • City of Colton • City of Compton • City of Culver City • City of Diamond Bar • City of Downey • City of Eastvale • City of Encinitas • City of Fillmore • City of Fontana • City of Fullerton • City of Gardena • City of Hawthorne • City of Hermosa Beach • City of Huntington Beach • City of Imperial Beach • City of Indian Wells • City of Indo • City of Inglewood • City of Irvine • City of Lake Elsinore • City of Lancaster • City of Long Beach • City of Los Angeles • City of Los Angeles, Bureau of Engineering • City of Los Angeles, Department of Transportation • City of Malibu • City of Menifee • City of Montclair • City of Moreno Valley • City of National City • City of Newport Beach • City of Norwalk • City of Oceanside • City of Orange • City of Palmdale • City of Palm Springs • City of Pasadena • City of Pico Rivera • City of Pomona • City of Poway • City of Rancho Cucamonga • City of Redlands • City of Riverside • City of San Clemente • City of San Diego • City of San Gabriel • City of San Marcos • City of Santa Ana • City of Santa Clarita • City of Santa Monica • City of Simi Valley • City of South Gate • City of Thousand Oaks • City of Ventura • City of Yorba Linda • County of Imperial • County of Los Angeles • County of Orange • County of Riverside • County of San Bernardino • County of San Diego • CVAG • Kern County Department of Airports • Los Angeles County Metropolitan Transportation Authority • Los Angeles Unified School District • Mojave Air and Space Port • North County Transit District (NCTD) • Oceanside Unified School District • Port of Long Beach • Port of San Diego • Riverside County Transportation District (RCTD) • Rose Bowl Operating Company • San Diego Association of Governments (SANDAG) • Southern California Association of Governments (SCAG) • San Gabriel Valley Council of Governments (SGVCOG) • University of California, Irvine • Ventura County Airport 11 SAN BERNARDINO KERN RIVERSIDE SAN DIEGO IMPERIAL ORANGE VENTURA LOS ANGELES ••City On-Call Agency or County On-Call Caltrans District On-Call 263 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 5 We Are a Full-Service Firm On all our projects, Kimley-Horn works extensively with our internal partners, agency staff, and clients to create the appropriate technical approach that will meet and surpass the City’s requests. Because traffic engineering has been a mainstay of Kimley-Horn’s practice, the City can be assured that we have the experienced professionals and resources to deliver successful services. We pride ourselves on providing a wide range of traffic engineering consulting services to cities, counties, state departments of transportation, and municipalities throughout California, and bring that experience to you to make your projects successful. As a fully integrated, multidisciplined consulting firm, we offer a variety of services, as detailed below and in the following pages. Project Management We know that many of the City’s project assignments will require a consultant who has the skill sets and capabilities for a quick turnaround. For this reason, we have built our reputation on responsiveness to our clients. Our experience on numerous on-call assignments throughout the state has taught us that on-call contracts require a different approach from typical project-specific contracts. We understand that each task assigned under this on-call contract will be unique. Kimley-Horn will plan, direct, and coordinate the work of the project team and provide progress reporting throughout each project’s duration. The administration of the project will include supervising and monitoring the effort and deliverables for conformance with the City standards, policies, and expectations (including monitoring changes) as well as communication with the City on both the positives and negatives of the project. We will work with contractors, engineers, developers, architects, outside agencies, and the general public throughout the projects, with the knowledge that we are representing City staff. In addition, we know that our role includes supporting City staff in-house as well. We will work with staff to develop and review staff reports related to assigned activities and services and present information to the City Council and various commissions, committees, and boards through our extensive public-outreach experience. Traffic Engineering and Design Kimley-Horn was built around providing traffic engineering and design services. Our in-house teams offer complete traffic engineering services and have completed thousands of traffic engineering and operations projects for local and nationwide clients, ranging from major area-wide signal systems involving hundreds of intersections to single intersection safety audits, designs, and analyses. Traffic operations, traffic safety, and levels of service are key components in evaluating roadway networks and identifying areas for improvement as well as those warranting further study. Signal Design and Signal Timing Signal system design and implementation is a cornerstone of Kimley-Horn’s professional practice. For the past five decades, we have developed and implemented signal synchronization timing, developed signal system plans, and built dozens of systems. From isolated signals to intersection design to intelligent transportation systems (ITS), our experienced staff keeps traffic flowing across California and the country. Kimley-Horn systems are based on open architecture concepts, and each is designed to meet the singular needs of our clients. Collectively, our team members have completed traffic signal timing and synchronization for more than 2,000 traffic and interconnect signals as well as traffic signal design for more than 5,000 signals, 550 Closed-Circuit Television (CCTV) design, 30 Changeable Message Signs (CMS) design, and 2,000+ miles of interconnect design plans and integration. We have been responsible for virtually every aspect of traffic systems, including signal timing and coordination; plans, specifications, and estimate (PS&E) packages; conceptual designs; operational feasibility; communication architecture; system design; software development; and deployment and implementation plans. In addition to comprehensive master planning for traffic signalization, our engineers have designed numerous plans to standardized traffic control systems and provide comprehensive systems communications and control. Traffic Control Plans (TCPs) Reconstruction and rehabilitation projects require traffic control planning to accommodate local and regional traffic, emergency access, city and franchise utility relocations (if necessary), temporary and permanent traffic signals, access to adjacent homes and businesses, and subgrade and pavement construction. Before we begin preparing the actual TCP documents, we will meet with the project stakeholders to solicit input regarding special coordination needs. During this meeting, our Kimley-Horn team presents the proposed construction sequence plan, which includes the following: • Travel lanes and construction area for each phase of construction • Temporary signing and striping, barricades, and other channelization devices • Narrative of the sequence of work including utility construction phasing • Vehicle and pedestrian detour routing during construction 264 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 6 The traffic control plans also include typical cross sections showing lane widths, edge conditions, channelization, and proposed construction areas. Construction staging plans will be developed for both intersections and driveways. Standard staging plans will be developed for typical/similar intersection and driveway configurations. Special staging plans will be developed for non-typical intersection and driveway configurations. Traffic Impact Analyses and Studies Our staff has reviewed or performed hundreds of traffic impact studies, from minor infill developments to large-scale, multi-use developments with major impacts on the transportation system. Kimley-Horn has the proven expertise to identify what types of improvements or mitigation measures are warranted and assess their respective impacts. In addition to operational impacts, we can also identify environmental impacts such as air and noise pollution, safety impacts, and impacts on pedestrians, bicycles, and transit. We have in-house land use and multimodal transportation modeling capabilities utilizing software packages such as EMME/2, TRANPLAN, TransCAD, MINUTP, T-Model, and QRS II and have applied this expertise to regional transportation system plans as well as corridor and interchange studies. As a result of our extensive experience in traffic impact assessment, we understand what type of data is needed to determine needs, solutions, and impacts. We know when and how to perform all traditional traffic engineering studies, including volume studies (turning movement and link volumes), gap and delay studies, speed and travel time studies, origin-destination studies, accident studies, and parking studies. Transportation Planning Established by transportation planners and traffic engineers, Kimley-Horn has become a leading consultant in the planning of regional and statewide transportation systems, corridor studies, transportation demand management programs, and transportation impact assessments. We have been working with local and state agencies, cities, counties, and transportation planning organizations throughout California to improve their transportation networks for decades, assisting them in developing transportation plans and programs for both short- term and long-range improvements. We are recognized for excellence in transportation planning and traffic engineering services. Our wide spectrum of experience is a perfect fit for the range in areas of need for the City. Our gamut of services includes corridor planning, traffic impact analyses, congestion management, funding assistance, multimodal planning, feasibility studies, environmental assessments, computer modeling, public involvement, and more. Our experience in multimodal planning, grade separations, traffic analysis, travel demand modeling, and roadway engineering gives us all of the tools needed to perform the type of feasibility and conceptual planning studies that the City may be performing under this on-call contract. Our experience in trip generation, traffic analysis, and fair share analyses has made us the go-to firm for peer reviews and public agency support for the review of traffic analyses. Kimley-Horn’s transportation planning experience extends to beyond automobiles. In order to address local and regional needs, a multimodal perspective is often needed. Through previous projects, we have shown the ability to balance the needs of all users within a constrained environment. We understand how context will often dictate whether multimodal solutions will include cycle tracks, buffered bike lanes, enhanced pedestrian crossings, transit-only lanes, bus pullouts, or other features. With an understanding of the planning, design, and implementation aspects of these elements, we can confirm that our transportation plans are feasible and implementable. Safety Studies and Solutions Kimley-Horn is dedicated to improving multimodal safety for all. We specialize in traffic safety planning and incorporating traffic safety components into our designs. Our team is experienced in working with public agencies to evaluate not just where crashes occur, but what conditions contribute to elevated crash activity and what countermeasures can be applied systemically to reduce the frequency of crashes. Specifically, during the planning stage, we typically review existing crash patterns and existing conditions which may elevate the risk of crashes. From there, we identify countermeasures that can be applied systemically throughout an area where those conditions exist to remove higher risk conditions before crashes occur. We then work with our clients to implement the necessary safety treatments and greatly enhance people’s experiences. Simi Valley Simi Valley Ventura County Ventura County Ventura CityVentura City Goleta Goleta Santa MariaSanta Maria Morro BayMorro Bay Glenn CountyGlenn County PlacervillePlacerville Mono CountyMono County Lincoln Lincoln Placer County Placer County Rocklin Rocklin RosevilleRoseville El Dorado CountyEl Dorado County San Joaquin County San Joaquin County Manteca Manteca TracyTracy Calaveras CountyCalaveras County Contra Costa CountyContra Costa County Stanislaus CountyStanislaus CountySunnyvaleSunnyvaleMilpitasMilpitas Monterey CountyMonterey County City of Santa ClaraCity of Santa Clara City of MontereyCity of MontereyMarinaMarina Hollister Hollister San Benito County San Benito County San Juan BautistaSan Juan Bautista Santa Cruz CountySanta Cruz County S. San FranciscoS. San Francisco Marin CountyMarin County Citrus Heights Citrus Heights Rancho CordovaRancho Cordova Sutter CountySutter CountyNevada CountyNevada County Agoura Hills Agoura Hills Artesia Artesia Compton Compton Cudahy Cudahy Lancaster Lancaster Los Angeles Los Angeles Maywood Maywood Monterey Park Monterey Park Palmdale Palmdale Rosemead Rosemead Santa Clarita Santa Clarita Temple City Temple City West Covina West Covina WhittierWhittier Corona Corona Desert Hot Springs Desert Hot Springs Eastvale Eastvale La Quinta La Quinta Indio Indio MenifeeMenifee Moreno Valley Moreno Valley Palm Desert Palm Desert Perris Perris Riverside Riverside Indian WellsIndian WellsImperial CountyImperial CountyImperial Imperial BeachBeachAnaheim Anaheim Costa MesaCosta Mesa Orange Orange San Clemente San Clemente Seal BeachSeal Beach ChinoChino STATEWIDE SAFETY PROJECTS »California Strategic Highway Safety Plan »California Strategic Performance Measures Targets »California Highway Safety Improvement Program Implementation Plan »Impact Assessment of District Safety Initiatives »Align Safe Systems Approach with Corridor Investigations and Community Engagment »Review Reactive Project Prioritization Methodology »Develop Local Development Review Safety Review Practitioners Guidance in other states 150+LRSPs in California 75+LRSPs projects in California 20+SRTS 265 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 7 Vision Zero and Traffic Safety While many safety transportation consulting firms within California can provide good Vision Zero guidance, Kimley-Horn wrote the guidance to lead those firms via the Caltrans 2020-2024 California Strategic Highway Safety Plan (SHSP). Our firm has had so much success with the SHSP that we were recently awarded the 2025-2029 Caltrans SHSP contract. In addition, Kimley-Horn has completed several projects for the Federal Highway Administration (FHWA) Office of Safety. We have developed transportation safety regulations, performance measures, training courses, fact sheets, and websites for FHWA’s Office of Safety, once again making our firm a leader in traffic safety. Kimley- Horn provides comprehensive traffic safety services, including Vision Zero strategies, local road safety plans, systemic safety evaluations, road safety audits, safe routes to school, project and grant development, and other focused studies to help reduce traffic injuries and fatalities in California. Kimley-Horn takes a proactive approach to safety analysis. We use historical collision data to identify roadway characteristics and driver behaviors that are associated with injury and fatal crashes in a given city, county, or region. We then develop customized countermeasure toolboxes to address those specific characteristics to aid in widespread funding and implementation. Our safety team works closely with traffic operations, roadway design, and mobility planning teams to facilitate that safety improvements are combined with efforts to improve the transportation system for all users. Parking and Data Collection Our team members are skilled at using manual and advanced technology to collect traffic and parking data. Based on the need, our team can capture field data with basic methods, or through the use of portable GPS devices that allow digital photo linking capabilities and direct importation into geographic information systems (GIS) mapping and software such as ESRI ArcGIS. We take care to obtain accurate data because this is the basis for a traffic study. Often, some data (such as accident reports or recent traffic counts) can be obtained from existing sources; however, if new data is needed, Kimley-Horn and our subconsultant, Counts Unlimited, know the criteria for data collection, documentation, and compilation. ITS Kimley-Horn understands that ITS technology is based on the fact that transportation systems are more than infrastructure. ITS, including successful interagency program management, feasibility studies, and strategic plans, are among Kimley-Horn’s key strengths in technology and traffic signal-related transportation work. Utilizing a pool of highly talented systems, software, and electrical engineers, we provide broad-scale vision and a depth of experience needed to assist local, regional, and state agencies in identifying and prioritizing its transportation deficiencies, and in finding solutions to those transportation problems from a systems analysis perspective. Our engineers have designed thousands of miles of fiber-optic networks, prepared design plans for thousands of new traffic signal installations, and performed hundreds of technology assessments for clients to review that specific user needs are met with sound and available technologies. Our resident electrical engineers also provide us with a unique view into the software component of the signal designs and, most often, enable us to provide connectivity and incorporate varying levels of ITS components. Americans with Disabilities Act Street and Design Guidelines Kimley-Horn is a recognized leader in pedestrian facilities design. Our professionals are on the forefront of implementation of the ADA, helping municipalities upgrade aging infrastructure to meet applicable ADA standards and ordinances. Our expertise ranges from curb ramp and sidewalk design to pedestrian-dedicated paths and walkways. Kimley-Horn understands how to implement improvements that benefit our clients along with the general public. Public Engagement and Coordination Kimley-Horn can manage and prepare a public outreach program tailored to a project and assist the City in conducting public outreach to the affected communities. Kimley-Horn is sensitive to the pivotal role of meaningful public involvement programs that enable the public to establish their priorities. Community involvement determines the overall design program, funding strategies, and implementation priorities. We understand the dynamic nature of outreach and have used a variety of engagement techniques, including bilingual facilitation tailored to the demographics of the region we are serving. Accordingly, we have developed effective methods of bringing the community into the process. We are strongly committed to conducting public participation programs that educate, inform, and build consensus for a particular solution, and we have professionals on staff who are native Spanish (and other languages) speakers experienced in conducting bilingual outreach services. 266 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 8 Environmental and Regulatory Compliance Kimley-Horn has an extensive knowledge and understanding of current environmental regulations and how these affect capital improvement projects. We remain well-informed of proposed changes to regulatory programs and actively participate in rule-making to effectively serve our clients. Our environmental compliance managers have worked on numerous complex, multidisciplinary projects requiring technical expertise, creative solutions for design modifications or mitigation, and a thorough understanding of local, state, and federal regulations. Our staff is successful in understanding our client’s needs, each project’s complexity, and how to best define a project’s objectives and solutions toward successful permitting. Kimley-Horn produces environmental documents that are sensitive to the public’s concern for resource protection and community impacts as well as to the real-world issues associated with the cost and feasibility of implementing mitigation programs. Our approach is to present the sound and technical data that helps the regulators complete their jobs, written in a way that the text, plans, and supporting documentation is understandable. Kimley Horn staff has been responsible for preparing several types of documents from initial studies (IS), mitigated negative declarations (MND), and categorical exemptions (CE) through comprehensive environmental impact reports (EIR). Our team has also prepared Mitigation Monitoring Implementation Schedules (MMIS) and Mitigation Monitoring and Reporting Programs (MMRP). Our regulatory permitting experience is at the local, state, and federal levels, including the Regional Water Quality Control Boards, State Lands Commission, California Department of Fish and Wildlife, US Fish and Wildlife Service, US Army Corps of Engineers (USACE), and California Coastal Commission. ◊ 2. References Kimley-Horn is well prepared and well positioned to provide services to the City for this contract due to our wealth of similar project and contract experience. We have showcased some of our recently completed projects and have also provided a matrix offering an overview of our relevant experience. Recently Completed Projects City of Palm Desert, Traffic Operations and Capacity Improvements: Phase 2, Palm Desert, CA The Traffic Operations and Capacity Improvements: Phase 2 project is a series of several tasks which aim to promote safety and operational enhancements throughout Palm Desert. We have detailed the various tasks we have accomplished throughout Phase 2. El Paseo Raised Mid-Block Crosswalk Study and Conceptual Crosswalk Artwork Kimley-Horn reviewed the existing raised mid-block Rectangular Rapid Flashing Beacon (RRFB) crosswalks along El Paseo and Larkspur Lane to determine if they are appropriate based on pedestrian and vehicular traffic along the corridors. We reviewed the potential to add raised mid-block RRFB crosswalks at four locations along El Paseo through analyzing collected traffic counts, collision data, and standard design criteria. Additionally, we developed five crosswalk artwork designs representative of the City’s culture and history to enhance pedestrian visibility and safety, while promoting creativity and placemaking. Signal Timing Review and Implementation Support Kimley-Horn performed a signal timing analysis at the forty-three (43) signalized study intersections maintained by the City. The goal of this project was to improve safety and capacity at the City’s most problematic signalized intersections. This analysis focused on providing recommendations for updating parameters for the following intervals using the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD): Yellow, All-Red, Walk and Flash Don’t Walk (FDW), and Bicycle Minimum Green. University Park Drive Parking Assessment Kimley-Horn performed a parking study for the University Dog Park and University Park East and provided recommendations to increase on-street and/or off-street parking. We provided layouts for lower cost strategies for short-term implementation and higher cost capital improvements for long- term implementation. These strategies aim to address the effects of the increasing population and development, and therefore the anticipated increase in demand for access to open space. 267 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 9 Highway 74 and Shadow Mountain Drive Traffic Operations Analysis and Traffic Signal Modifications Kimey-Horn analyzed the feasibility of installing a crosswalk on Highway 74 and Shadow Mountain Drive through collected vehicle counts, pedestrian counts, and collision data. We also documented the existing bicycle detection system used at the project location and analyzed various bicycle detection technologies to identify the most appropriate technology to meet the City’s needs. Based on the results of the analysis, we prepared a traffic signal modification plan for a proposed bicycle push button in accordance with current City and Caltrans standards. Cook Street and Fred Waring Drive Traffic Signal Modifications Kimley-Horn prepared traffic signal modification plans at the intersection of Cook Street and Fred Waring Drive for a proposed right-turn overlap in accordance with current City and Caltrans standards. Dinah Shore Drive Corridor Roadway Safety and Capacity Study Kimley-Horn conducted a roadway and capacity study along Dinah Shore Drive between Shoppers Lane and Toni Drive. This study builds upon the results of the Monterey Avenue and Dinah Shore Drive Proposed Development Traffic Impact Study, the City’s LRSP, and Preliminary Design Report (PDR), developed by Kimley-Horn. The study focused on providing recommendations to improve traffic and safety conditions. Potential issues for the Dinah Shore Drive corridor were identified through collision data analysis, field observations, and traffic modeling to provide three conceptual level traffic capacity and operation improvement alternatives. Traffic Signal Timing Recommendation and Existing Timing Sheet Review at 99 Locations Kimley-Horn reviewed and updated the base timing parameters including minimum green times for bicycles, yellow intervals, and FDW intervals at the 99 project intersections using the latest edition of the CA MUTCD. In addition to updating the base timing parameters, the existing signal coordination plans were reviewed and updated based on the revised intervals. We provided adjustments to splits based on new minimum splits. We prepared and submitted a memorandum summarizing the calculation procedures and methodology and a spreadsheet showing the calculations and recommended timing parameters. Dinah Shore Drive Corridor Safety and Capacity Traffic Signal Improvements PS&E The intersection of Dinah Shore Drive and Monterey Avenue experiences a lot of vehicular traffic due to the adjacent I-10 and vehicles traveling Costco. The City determined that implementing right-turn overlap and signage and striping at Shoppers Lanes, Monterey Avenue, and Toni Drive along Dinah Shore Drive may help address these challenges. Kimley-Horn’s services included traffic signal design plans and traffic signal modification plans for the implementation of right-turn overlap, advanced dilemma zones, and striping and signage to enhance roadway safety and capacity. Country Club Drive and Tamarisk Row Drive/Oasis Club Drive Operations Analysis Kimey-Horn analyzed the feasibility of installing a crosswalk on Country Club Drive and Tamarisk Row Drive/Oasis Club Drive through collected vehicle counts, pedestrian counts, and collision data. Kimley-Horn also documented the existing bicycle detection system used at the project location and analyzed various bicycle detection technologies to identify the most appropriate technology to fit the City’s needs. ITS Plan Technical Memorandum Kimley-Horn developed an ITS technical memorandum assessing existing and future ITS infrastructure in the City. We documented existing broadband and CVAG CV Sync Phases communications network infrastructure. We proposed ITS field elements and fiber-optic network to communicate between City corridors where existing gaps are present. This project evaluated technologies to identify and implement solutions for sustaining the City’s current ITS infrastructure and positioning the City for future ITS projects. 268 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 10 El Paseo and San Pablo Avenue Diagonal Crosswalk Study Kimley-Horn conducted a level of service (LOS) and 95th percentile analysis using Synchro to determine the feasibility of installing a diagonal crosswalk on the El Paseo and San Pablo Avenue intersection. The analysis looked at potential pedestrian and traffic impacts through changes in LOS and delay, collision data analysis, and CA MUTCD criteria. Dinah Shore Drive and Athena Point Intersection Study Kimley-Horn performed a street lighting assessment using Caltrans standards of traditional Southern California Edison (SCE)-powered street lighting and solar powered street lighting. In the study, Kimley-Horn studied other potential safety improvements other than street lighting that could also help improve nighttime visibility such as engineered rubber curbs, reflector curb markers, and flexible embedded bollards. Kimley-Horn conducted a CA MUTCD Signal Warrant Analysis and a Multi-Way Stop Control Warrant Analysis to determine the most suitable control type for the project location. PDR at 25 Intersections The PDR documented conceptual level design of proposed improvements and preliminary opinion of probable construction cost (OPCC) at 25 project intersections. Kimey-Horn performed an LOS, 95th percentile queueing, and collision history analysis to assess existing conditions. Based on this analysis, Kimley-Horn identified opportunities and improvements at each location, including upgrades to traffic signal parameters, intersection modification, and traffic signal timing and phasing updates. Highway 74 & El Paseo Signal Timing Review Kimley-Horn assisted the City with reviewing the existing signal timing sheet for Highway 74 and El Paseo to be consistent with CA MUTCD timing parameters for Yellow, All-Red, Walk and FDW, and Minimum Green. Portola Avenue & Mesa View Drive Multi-Way Stop Control Study Kimley-Horn conducted a CA MUTCD Multi-Way Stop Control Warrant Analysis to determine if the intersection of Portola Avenue and Mesa View Drive was a suitable candidate to become an all-way stop control intersection. Mesa View Drive and Highway 74 Intersection Sight Distance and Signal Warrant Study Residents expressed safety and sight distance concerns for the intersection Mesa View Drive and Highway 74, so the City enlisted the help of Kimley-Horn to perform a traffic signal warrant analysis using CA MUTCD Warrants 1 through 9. We performed an intersection sight distance analysis using the requirements of the California Highway Design Manual (HDM). Based on the results of the warrants, Kimley-Horn and the City determined the appropriate next steps for the intersection. Portola Avenue and Magnesia Fall Drive Traffic Operations Analysis and Traffic Signal Modifications At Portola Avenue and Magnesia Falls Drive, several “No Right Turn on Red” restrictions were installed as part of CV Link to enhance bicyclist safety. The City Council requested to initiate a study to determine the feasibility of removing all or most of these “No Right Turn on Red” movement restrictions. Kimley-Horn conducted an LOS analysis to determine the most feasible solution for removing the “No Right Turn on Red” restrictions at Portola Avenue and Magnesia Fall Drive. We also performed an intersection sight distance analysis using the requirements of the HDM. Based on the results of the analysis, we prepared a traffic signal modification plan for a proposed right-turn overlap in accordance with current City and Caltrans standards. 269 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 11 CV Link Enhancements Improvements In May 2022, Kimley-Horn submitted the CV Link and San Pablo Avenue Enhancement Recommendations memorandum to the City. The memorandum identified potential challenges with CV Link and connections to CV Link along San Pablo Avenue within the City. Through field observations and discussion with City staff, the memorandum developed preliminary enhancement recommendations and best practices for implementation. After careful consideration from the City, we prepared signing and striping plans and traffic signal modification plans along Painters Path, Park View Drive, Monterey Avenue, Magnesia Falls Drive, and San Pablo Avenue. Additionally, we prepared updated traffic signal timing sheets at three existing signalized intersections for proposed Leading Pedestrian Intervals (LPI). Project Dates: May 2022 – April 2024 Reference: Bassam AL-Beitawi, Senior Project Manager | 760.776.6452 | balbeitawi@cityofpalmdesert.org City of Palm Desert, Traffic Operations and Capacity Improvements: Phase 1, Palm Desert, CA Kimley-Horn, in association with Traffex Engineers, Inc. (Traffex) and Forbes Traffic Solutions (Forbes), worked with the City to conduct capacity and operational studies at 50 of the City’s most challenging intersections with the goal of improving safety, connectivity, and access. This project builds upon the results of the City’s LRSP (which we helped complete) and Engineering and Traffic Survey (E&TS) studies. It aims to supplement the improvements made from other ongoing projects, such as the CV Link Connector and the regional CV Sync Program, and supports the City in evaluating, troubleshooting, and fine-tuning signal timing and coordination changes introduced as part of these projects. As part of this project, Kimley-Horn reviewed the proposed signal timing parameters for the CV Sync Program and provided feedback to CVAG that will be incorporated into the final signal timing plans. Kimley Horn also reviewed plans and updated signal timing parameters for three City signals that connect to the CV Link bicycle path that runs through the City. Subsequently, upgrades, reconfigurations, and adjustments will be made to the City’s Legacy Traffic Management Aries software system, signal communication system, and Central Traffic Management System communication infrastructure. Project Dates: April 2021 – April 2022 Reference: Bassam AL-Beitawi, Senior Project Manager | 760.776.6452 | balbeitawi@cityofpalmdesert.org 270 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 12 City of Palm Desert, Haystack Road and Highway 74 Intersection Modification, Palm Desert, CA The intersection of Haystack Road with Highway 74 included no marked pedestrian crossing across Haystack Road east of Highway 74, despite the presence of sidewalks along the north and south sides of Haystack Road. The City sought to implement an improved pedestrian crosswalk on Haystack Road at Highway 74, including the modification of the existing traffic signal, sidewalks and wheelchair ramps, and roadway markings and signage. Kimley-Horn’s services included: an analysis of the existing infrastructure, right-of-way, and public easement; multimodal traffic counts; and collision analysis; feasibility and alternatives analysis; ADA curb ramp details and traffic signal design plans; and traffic signal modification plans. Counts Unlimited was our subconsultant on this project, providing data collection services. Project Dates: June 2021 – March 2024 Reference: Bassam AL-Beitawi, Senior Project Manager | 760.776.6452 | balbeitawi@ cityofpalmdesert.org City of Palm Desert, LRSP, Palm Desert, CA Kimley-Horn developed an LRSP for the City that identified the trends and patterns for traffic collisions in Palm Desert and included a customized toolbox of countermeasures that addressed the most common local challenges that align with statewide funding priorities. Traffex was our subconsultant on this project, providing timing and fine-tuning implementation. Project Dates: June 2020 – November 2021 Reference: Bassam AL-Beitawi, Senior Project Manager | 760.776.6452 | balbeitawi@cityofpalmdesert.org City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA Kimley-Horn is supporting the City in identifying near-term and long-term solutions for the location and operation for a future multimodal rail station. This new station would increase passenger reach and provide convenient connectivity between the Coachella Valley and the Inland Empire, Orange County, and Los Angeles. Our team is performing a detailed analysis of existing documentation and conditions as well as stakeholder outreach to establish a baseline ridership market and infrastructure needs for a new rail station. The final report will provide the City with a document that portrays the station benefits (including mobility, equity, health, and environmental considerations) and outline the steps needed to continue moving the station concept forward. Project Dates: February 2023 – October 2023 Reference: Vanessa Mager, Management Analyst II | 760.776.6425 | vmager@palmdesert.gov City of Rancho Mirage, Design of Traffic Signal Interconnect Improvements, Rancho Mirage, CA Kimley-Horn, in association with Traffex and Forbes, provided support to the City as well as the City of Rancho Mirage to improve traffic operations for 40 intersections along Highway 111, Bob Hope Drive, Country Club Drive, Dinah Shore Drive, and Monterey Avenue. The Kimley-Horn team designed plans to upgrade the traffic signal interconnect network and controller cabinet equipment, enabling the City of Rancho Mirage to meet its goals of real-time traffic monitoring management. Kimley-Horn also assisted the City of Rancho Mirage with implementing new traffic signal timing plans to improve traffic operations and safety throughout the day. The City of Rancho Mirage employs a complex timing system along the project corridors, with different timing plans throughout the day and along each corridor. To meet the City of Rancho Mirage’s goal of real-time traffic monitoring and performance, our team designed and implemented CCTV at various locations. Project Dates: July 2018 – November 2021 Reference: Justin Ruberg, Streets Supervisor | 760.343.0561 | justinr@ranchomirageca.gov 271 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 13 City of Palm Springs, HSIP Cycle 9: Traffic Signal Improvements, Palm Springs, CA Kimley-Horn assisted the City of Palm Springs with upgrading traffic signal equipment at nine intersections to improve motorist and pedestrian and bicyclist safety. The City completed a citywide roadway safety analysis and ranked all intersections on collision frequency and severity of collisions. The crash data analysis and field observations indicated that signal hardware upgrades could improve conditions related to injury crashes involving motorists, bicycles, and pedestrians. The nine project intersections were identified based on a high number of unsafe speeding vehicles, traffic signals and signs, and automobile right-of-way related collisions. Our services included the installation of Advanced Dilemma Zone Detection, implementing a protected left-turn phase, and the upgrade of pedestrian signal heads and push buttons (PPBs). In addition, we upgraded the ADA curb ramps to improve pedestrian safety where ADA-compliant ramps were not present. This project also included the implementation of new traffic signal timing plans to improve traffic operations and safety throughout the day. The project controllers have Intelight MAXTIME software and are controlled by a MAXVIEW central system. We also provided environmental services, which included a preliminary environmental study (PES) and California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents. Project Dates: November 2020 – June 2024 Reference: Francisco Jaime, Principal Civil Engineer | 760.323.8299 | francisco.jaime@palmspringsca.gov City of Palm Springs, On-Call Traffic Engineering Services, Palm Springs, CA Kimley-Horn was selected by the City of Palm Springs to provide on-call traffic engineering services. Typical services include traffic signal design, traffic signal warrants, various traffic studies, and other technical documentations such as speed surveys, timing sheets, traffic counts, and turning movements. The Kimley-Horn team has completed several task orders which have covered a unique range of traffic and transportation related projects, including: Engineering and Traffic Survey and Stop Warrant Analysis This was a task order issued from our on-call traffic engineering services contract with the City of Palm Springs. The Palm Springs Airport (Airport) experiences speeding and cut-through traffic, and the Airport and the City of Palm Springs selected Kimley-Horn to perform an engineering and traffic survey in addition to all-way stop warrant analysis for the intersection just east of Kirk Douglas Way and Baristo Way. The City of Palm Springs and the Airport also tasked us with analyzing an existing temporary stop sign for a permanent all-way stop control installation as well as evaluating traffic calming strategies to address speeding concerns near the rental car facility. In addition to these services, we also provided support to develop a commission and staff report, radar speed survey data collection, radar speed surveys calculation via a statistical analysis software package, collision history review, 24-hour average daily traffic (ADT) data collection, accident rate calculation for specified locations, and field observations for specified roadway segments. Counts Unlimited was our subconsultant on this project, providing data collection services. Traffic Signal Communication System Support Kimley-Horn was selected for the 2023 phase of this project. This project included new recommendations due to the construction of CV Sync Phases 1 and 2. The main goal of this project to establish compatibility with the new TMC, planned under the CV Sync Project. CVAG provided a laptop to our team to connect virtually to the CVAG TMC; this gave our team full access for troubleshooting and fine-tuning. Traffic Signal and Signing and Striping Review Kimley-Horn has provided review of traffic signal modification and signing and striping plans under this contract. Plan submittals were provided by private developers, neighboring local agencies, and regional agencies. Our reviews included consistency with professional standards such as maintaining accessibility, visibility, and legibility for vehicles, cyclists, and pedestrians. In addition to agency standards, we reviewed for consistency with City standards and preferences 272 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 14 Traffic Management Center (TMC) Troubleshooting and Timing Plan Review Kimley-Horn performed a TMC troubleshooting and evaluation project for the City of Palm Springs. The project includes evaluation of the existing traffic signal communication network to identify any problems and suggest solution and recommendations. We reviewed the existing signal timing and coordination along the interconnected corridors in Palm Springs. We performed the optimization in the Synchro software, using existing traffic volumes, lane geometry, and signal timing. We also prepared updated timing sheets and implemented the updated timing at intersections with assistance from the City of Palm Springs. Finally, we conducted field visits to selected intersections to perform a field check and assemble an inventory of traffic signal components. Citywide Pedestrian Crossing Study and Standard Design Kimley-Horn developed a comprehensive assessment of the City of Palm Springs’ pedestrian crossings. This assessment included analyzing pedestrian counts to understand the most used locations for recommended improvements. These recommended improvements considered battery capacity and further crossing enhancements such as RRFBs. We were tasked with developing a standard design for both solar and hardwired designs to promote consistency throughout Palm Springs. Under this task order, we also provided design plans for high-volume pedestrian crossing locations. Project Dates: August 2019 – July 2024 Reference: Francisco Jaime, Principal Civil Engineer | 760.323.8299 | francisco.jaime@palmspringsca.gov City of Indian Wells, Comprehensive Traffic Safety Action Plan (SAP), Indian Wells, CA The City of Indian Wells received Safe Streets and Roads for All (SS4A) federal funding. As part of the scope of work, Kimley-Horn conducted stakeholder engagement and safety workshops for the public. Safety vision and goal development to guide the focus areas and strategies were determined as part of our efforts. We also conducted a safety analysis utilizing a statistical network screening applying Highway Safety Manual methods. An analysis of racial equity and environmental justice is included in the SAP. Project Dates: October 2023 – June 2024 Reference: Dina Purvis, Public Works Manager | 760.346.2489 | dpurvis@indianwells.com 273 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert 15City of Palm Desert TRCALAD001549.2024 Contracts and Projects Types of On-Call Traffic Consulting and Design Services Traffic Engineering and AnalysisTransportation PlanningTraffic Signal Design and ImplementationTraffic Calming and Safety ImprovementsParking Studies and ManagementITSPublic Engagement and OutreachProject Management and CoordinationEnvironmental and Regulatory ComplianceCity of Palm Desert, Various Traffic Engineering, Palm Desert, CA City of Palm Springs, On-Call Traffic Engineering Studies, Palm Springs, CA City of Indian Wells, On-Call Design Engineering, Indian Wells, CA City of Indio, On-Call Professional Civil Engineering Services, Indio, CA CVAG, On-Call Traffic Engineering and Planning Services, Coachella Valley, CA City of Moreno Valley, On-Call Traffic Engineering Services, Moreno Valley, CA City of Corona, On-Call Traffic and General Engineering Services, Corona, CA County of Riverside, On-Call Traffic Engineering Services, Riverside County, CA City of Ontario, On-Call Transportation Planning and Traffic Engineering Design Services, Ontario, CA City of Chino, On-Call Engineering Services, Chino, CA City of Pomona, On-Call Engineering Services, Pomona, CA City of Santa Ana, On-Call Engineering Services, Santa Ana, CA Relevant Experience Matrix To further demonstrate our team’s familiarity with this project’s elements, we have prepared a matrix demonstrating that our team has worked on many projects and contracts similar in type and scope to this contract. 274 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert 16City of Palm Desert TRCALAD001549.2024 Contracts and Projects Types of On-Call Traffic Consulting and Design Services Traffic Engineering and AnalysisTransportation PlanningTraffic Signal Design and ImplementationTraffic Calming and Safety ImprovementsParking Studies and ManagementITSPublic Engagement and OutreachProject Management and CoordinationEnvironmental and Regulatory ComplianceCity of Anaheim, On-Call Traffic Engineering Services, Anaheim, CA City of Anaheim, On-Call Environmental Review Services, Anaheim, CA City of Laguna Niguel, On-Call Traffic Engineering Services, Laguna Niguel, CA City of West Covina, On-Call Engineering Services, West Covina, CA City of Diamond Bar, On-Call Traffic Engineering Services, Diamond Bar, CA City of Industry, On-Call Traffic and Civil Engineering, Industry, CA City of South El Monte, On-Call Engineering Services, South El Monte, CA City of San Gabriel, On-Call for Environmental Consulting Services, San Gabriel, CA City of Norwalk, On-Call Professional Engineering Services for Design, Project Management, and Construction Support Services, Norwalk, CA City of Downey, On-Call Traffic Engineering Services, Downey, CA City of Long Beach, On-Call Traffic Engineering, Long Beach, CA City of South Pasadena, On-Call Traffic Engineering, South Pasadena, CA City of Glendale, On-Call Engineering, Glendale, CA 275 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert 17City of Palm Desert TRCALAD001549.2024 Contracts and Projects Types of On-Call Traffic Consulting and Design Services Traffic Engineering and AnalysisTransportation PlanningTraffic Signal Design and ImplementationTraffic Calming and Safety ImprovementsParking Studies and ManagementITSPublic Engagement and OutreachProject Management and CoordinationEnvironmental and Regulatory ComplianceCity of Burbank, On-Call Engineering Services, Burbank, CA City of Inglewood, As-Needed Professional Engineering Services, Inglewood, CA City of Culver City, General Public Works On-Call Engineering Services, Culver City, CA City of Palmdale, On-Call Engineering Services, Palmdale, CA City of Lancaster, On-Call Roadway and Structures, Traffic Engineering, and Drainage, Hydrology, and Hydraulic Engineering, Lancaster, CA City of Santa Clarita, On-Call Engineering Services, Santa Clarita, CA City of Malibu, On-Call General Engineering Services, Malibu, CA City of Calabasas, On-Call Traffic Engineering Services, Calabasas, CA City of Agoura Hills, On-Call Traffic Engineering Services, Agoura Hills, CA City of Thousand Oaks, As-Needed Engineering Services, Thousand Oaks, CA City of Moorpark, On-Call Traffic Engineering Services, Moorpark, CA County of Los Angeles, On-Call Traffic Engineering, Los Angeles County, CA 276 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 18 C. FIRM STAFFING AND KEY PERSONNEL ◊ 1. Staffing When you choose a consultant, you are really choosing the people who offer you the technical expertise, hands-on experience with similar projects, and commitment to a high standard of quality, timeliness, and client service that will make your projects as successful as you have envisioned. The proposed Kimley-Horn team has a history of successfully providing on-call services for local agencies across Southern California and is committed to providing the City with high-quality solutions that meet your expectations. Kimley-Horn has carefully considered the composition of our team and identified only the most qualified personnel with recent, relevant project experience to provide experienced and efficient on-call traffic consulting and design services. The team we assembled for this contract numbers 28 personnel in total, but our project manager, Jean Fares, PE, has the authority to mobilize Kimley-Horn’s 7,700+ personnel at any given time to meet your needs on this contract. We have prepared a table indicating the names, discipline, and job title of our team’s personnel. Personnel Name Discipline Job Title Kimley-Horn Jean Fares, PE Project Management Traffic Design Project Manager Frank Hoffmann, PE Principal-in-Charge Principal-in-Charge Kevin Aguigui, PE, EE, TE, CSEP Quality Control/Quality Assurance (QC/QA)QC/QA Manager Laura Forinash, PE, TE Traffic Engineering and Analysis Traffic Engineering Task Manager Vivian Chong, PE Traffic Engineering and Analysis Project Engineer Rebecca Ung, EIT Traffic Engineering and Analysis Project Analyst Maya Bouchet, AICP Project Management and Coordination Transportation Planning Transportation Planning Task Manager Project Management and Coordination Lead Mike Colety, PE, PTOE, RSP2BI Transportation Planning Safety Advisor Zander Dally, AICP Transportation Planning Project Planner Jason Melchor, PE Traffic Signal Design and Implementation Traffic Signal Design and Implementation Task Manager Ryan Calad, PE, TE Traffic Signal Design and Implementation Traffic Signal Specialist Darryl dePencier, AICP, GISP, RSP2B Traffic Calming and Safety Improvements Public Engagement and Outreach Safety Task Manager Public Engagement and Outreach Task Manager Tr evor Briggs, PE Traffic Calming and Safety Improvements Traffic Calming Engineer Abbey Ibarra Traffic Calming and Safety Improvements Traffic Calming Analyst Alyssa Phaneuf, PE Parking Studies and Management Parking Task Manager Matt Horton, AICP Parking Studies and Management Parking Specialist Matthew Jacobson, EIT, ENV SP Parking Studies and Management Parking Analyst Tim Chan, PE ITS Project Engineer Zachary McFann, PE, TE ITS Project Engineer Brandi Childress Public Engagement and Outreach Public Engagement and Outreach Advisor Michael Madsen, PLA, CLIA, ASLA Public Engagement and Outreach Public Engagement and Outreach Specialist Jocelyn Soria Lira Project Management and Coordination Project Management Support 277 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 19 Personnel Name Discipline Job Title Kevin Thomas, CEP, ENV SP Environmental and Regulatory Compliance Environmental and Regulatory Compliance Task Manager Heidi Rous, CPP Environmental and Regulatory Compliance Environmental and Regulatory Compliance Advisor Meghan Karadimos Environmental and Regulatory Compliance Environmental Planner Traffex Nazir Lalani, PE Traffic Signal Design and Implementation Signal Timing and Fine-Tuning Implementation Specialist Forbes Jim Forbes Traffic Signal Design and Implementation Signal Timing and Fine-Tuning Implementation Specialist Counts Unlimited Kris Campos Traffic Signal Design and Implementation Data Collection Specialist Availability and Additional Resources Kimley-Horn understands that the basis of a successful project is founded on responsiveness and adequate staffing. Our one-center firm structure enables us to share and balance our workload as well as shift personnel to various projects successfully across multiple offices nationwide. This structure means you get the same responsive and timely service you deserve for this contract—no matter which Kimley-Horn office is supporting you. Our team has the capacity to meet yours and the project’s needs. We utilize a weekly, monthly, and six-month internal workload forecast system on a firmwide basis to forecast workloads and availability of staff as well as identify key resources required for a project’s successful delivery. This “castahead” system tracks all project commitments/ milestones and staff commitments, giving us the ability to manage workload peaks and valleys and allowing us to take proactive steps to keep a project on track. We have effectively utilized this tool in the delivery of local projects over the past several years, and we can identify overloads and shortfalls many months in advance and develop strategies to overcome them. Based on a review of our castaheads, we can assure you that our team for this contract is available immediately to serve you and are in an excellent position to handle the workload required to deliver services. Once this contract gets underway, Jean and our proposed discipline leads will meet on a weekly basis to establish task lists for staff and to check that staff resources are properly allocated for the upcoming week and project deliverables. Address any immediate project needs and weekly milestones WEEKLY Review workload and assess current project needs • Identify immediate project deliverables and milestones • Evaluate simultaneous workload needs • Allocate staff availability to support project deliverables 1 & 3 MONTHS CASTAHEADS: PROJECT WORKLOAD PLANNING 6 MONTHS Proactive resource planning • Forecast upcoming project deliverables and milestones • Evaluate team availabilty to support future deliverables JAN APR FEB MAY MAR JUN 278 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 20 ◊ 2. Key Personnel Kimley-Horn understands that the key to a project’s success are individuals who focus on quality, proactive communication, and successful partnerships, and we have assembled leaders who are tailor-made for the City and the contract. We have organized our team to not only cover the services that you will need based on this contract’s scope of services, but also provide experienced and efficient project management. Our senior-level key personnel will oversee our team’s efforts under this contract. • Jean Fares, PE, our project manager, will lead our team to maximize each of our team members’ specialties and experience for your benefit, calling upon his 35 years of experience leading on-call contracts with various Southern California public agencies. • Frank Hoffmann, PE, our principal-in-charge, will serve as a technical advisor to the team, not only leveraging his 34+ years of experience in civil design and construction management, but also his broad range of design experience in the Sonoran and Mojave Desert as well as his presence in Coachella Valley, specifically Palm Desert. • Kevin Aguigui, PE, EE, TE, CSEP, our QC/QA manager, will provide independent review under this contract. He has served a vast array of clients across California in his 25+ years of experience, and through that, he understands the importance of careful QC/QA for every task, deliverable, and service. Our key personnel at the discipline level will have an intimate understanding of each task. • Jean will also serve as our team’s traffic design lead. He is quite familiar with ITS technologies, having delivered such projects to municipalities in Southern California. • Laura Forinash, PE, TE, our traffic engineering task manager, will head our efforts on those types of task orders. She brings more than 10 years of experience in traffic operations and transportation engineering, and she is serving as acting City Traffic Engineer roles. • Maya Bouchet, AICP, our transportation planning task manager, will coordinate our team’s transportation planning tasks. Her planning experience spans six years, and she has worked on active transportation projects, bike facility feasibility studies, transit feasibility studies, and ITS master plans. She will also support Jean in managing and coordinating this contract. • Jason Melchor, PE, our traffic signal design and implementation task manager, will lead efforts related to this task. In his 25+ years of experience, he has helped deliver signal design projects to the City and to clients in both the Coachella Valley and Inland Empire regions. • Darryl dePencier, AICP, GISP, RSP2B, our safety and public engagement and outreach task manager, will coordinate our team’s efforts related to traffic calming and safety improvements as well as public engagement and outreach. He has led and been heavily involved on several projects for the City that involve these elements, namely the LRSP and Rail Station Feasibility Study. • Alyssa Phaneuf, PE, our parking task manager, will head efforts related to these tasks. Her nearly 25-years of experience includes parking projects across California. • Kevin Thomas, CEP, ENV SP, our environmental and regulatory compliance task manager, will coordinate the management and preparation of environmental studies to make sure our efforts are compliant with CEQA and NEPA. He brings more than 38 years of experience in environmental compliance and permitting of major infrastructure and land development projects. 279 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 21 We have prepared the below table demonstrating our key personnel’s familiarity and experience in regard to the types of on-call traffic consulting and design services expected on this contract. Contracts and Projects Types of On-Call Traffic Consulting and Design Services Traffic Engineering and AnalysisTransportation PlanningTraffic Signal Design and ImplementationTraffic Calming and Safety ImprovementsParking Studies and ManagementITSPublic Engagement and OutreachProject Management and CoordinationEnvironmental and Regulatory ComplianceJean Fares, PE Frank Hoffmann, PE Kevin Aguigui, PE, EE, TE, CSEP Laura Forinash, PE, TE Maya Bouchet, AICP Jason Melchor, PE Darryl dePencier, AICP, GISP, RSP2B Alyssa Phaneuf, PE Kevin Thomas, CEP, ENV SP Per the instructions outlined in the City’s bid portal, OpenGov, we have uploaded resumes for our key personnel as a separate attachment. 280 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert 22City of Palm Desert TRCALAD001549.2024 Project Manager Jean Fares, PE Principal-in-Charge Frank Hoffmann, PE QC/QA Manager Kevin Aguigui, PE, EE, TE, CSEP Subconsultants 1. Traffex 2. Forbes 3. Counts Unlimited Bold : Key Personnel ITS Jean Fares, PE Tim Chan, PE Zachary McFann, PE, TE Public Engagement and Outreach Darryl dePencier, AICP, GISP, RSP2BBrandi Childress Michael Madsen, PLA, CLIA, ASLA Project Management and Coordination Jean Fares, PE Maya Bouchet, AICP Jocelyn Soria Lira Environmental and Regulatory Compliance Kevin Thomas, CEP, ENV SP Heidi Rous, CPP Meghan Karadimos Traffic Engineering and Analysis Laura Forinash, PE, TE Vivian Chong, PE Rebecca Ung, EIT Transportation Planning Maya Bouchet, AICP Mike Colety, PE, PTOE, RSP2BIZander Dally, AICP Traffic Signal Design and Implementation Jason Melchor, PE Ryan Calad, PE, TE Nazir Lalani, PE1 Jim Forbes2 Kris Campos3 Traffic Calming and Safety Improvements Darryl dePencier, AICP, GISP, RSP2BTrevor Briggs, PE Abbey Ibarra Parking Studies and Management Alyssa Phaneuf, PE Matt Horton, AICP Matthew Jacobson, EIT, ENV SP City of Palm Desert ◊ 3. Team Organization Kimley-Horn has prepared an organizational chart that illustrates our team’s organizational and reporting structure as well as the type of work each member will perform under the contract. 281 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 23 ◊ 4. Subcontractors In an effort to provide the City with the depth of resources necessary to seamlessly deliver services under this contract, Kimley-Horn has partnered with three skilled and experienced subconsultants to supplement our in-house team. Not only are these firms talented from a technical standpoint, they also have an understanding of the local environment and strong working relationships with members of the Kimley-Horn team. We have a long history of working with these firms, specifically in Coachella Valley, and we know that they will bring value to this contract. Traffex, led by Nazir Lalani, PE, has provided traffic signal timing services for hundreds of traffic signals. This includes timing signals for independent, isolated operation as well as coordination timing for signals in synchronized systems. The firm has experience working in Coachella Valley, including the City, Rancho Mirage, La Quinta, Indian Wells, and several others. Forbes was founded in June 2014 by Jim Forbes, who brings 30 years of transportation industry experience to this contract. His expertise falls within traffic signal systems, communication systems and testing, and integration. The firm has experience working in the City as well as Rancho Mirage, La Quinta, and Indian Wells. Counts Unlimited, led by Kris Campos and Abe Campos, have provided traffic data collection services for the past 30 years. The firm’s data collection services are field tested and provide proven accuracy for best performance. Their experience with time-sensitive projects, roadway classification counts, and large inventory of equipment allows the firm to produce a higher rate of accuracy and be capable of handling any job. Counts Unlimited has experience working in the Coachella Valley, including the City. 282 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 24 D. PROPOSED METHOD TO ACCOMPLISH THE WORK ◊ Approach to Implementing the Scope of Services On-Call Understanding and Approach Our approach to on-call contracts is based on developing a team-oriented approach to the project review process. Key characteristics that distinguish Kimley-Horn include: • Rapid mobilization of staff for each task order request, including immediate identification of the key personnel and subconsultants needed for each project. The availability and the simplicity of our company’s structure provides us with the opportunity mobilize faster than the typical organization. With this simplicity also comes a suite of resources spanning multiple offices, states, and practice disciplines. Our company’s structure allows us to call on any of our partners across the firm without any red tape or barriers. We believe this one-team approach across this firm creates not only efficiency, but also consistency in the quality of the work products we deliver. • Ongoing communication and consultation with the City and our team. We view communication internally and externally as equally important and valuable to project success. We typically provide a Monday morning matrix to the City which calls out the current status of each of our tasks under our current contract. This keeps our team on-track and the City’s Project Manager informed of project progress. This collaborative process allows us to identify potential risks to the project—whether it be related to schedule, coordination, or even engineering challenges—so that we can address them before they become a threat to the project’s success. • Commitment of senior level management to the project to provide close coordination with the City, to help confirm technical accuracy, and to carefully monitor budget and schedule compliance. Our company’s culture emphasizes the importance of senior leader involvement in projects. Our team is diverse in years of experience, which provides the City with the availability and experience to meet a project’s needs and budget. We have internal tools which track and monitor our team’s availability so we can dedicate the appropriate resources to your projects on a weekly basis. • Responsiveness to both regular requests and significant concerns. We understand that responsiveness develops a proactive approach to project management rather than a reactive one. This helps mitigate project challenges in the future. Every request and message from the City is viewed as important, and we are able to prioritize these requests to address project goals. Responsiveness is a critical component of our client service, and we plan to continue to bring this responsiveness into this on-call contract with the City. • Flexibility and Creativity to tailor our approach to meet the specific needs of each project in the City. The role of a good engineer goes beyond memorizing and implementing standards. Our team understands that a good engineer’s role is to understand and effectively deploy the standards in a way that addresses unique challenges. We challenge the status quo by thinking outside of the box to creatively implement these standards. • Innovation to address this growing City’s changing demands and landscape. We understand the importance of City standards and expectations. While consistency is important, in some instances the City may look to Kimley-Horn to be well-versed in growing technologies and advancements in traffic design, operations, sustainability, accessibility, and other key areas. We pride ourselves in staying ahead of the industry. We dedicate ourselves to conducting research, attending conferences, and staying engaged with vendors to familiarize ourselves with the latest innovations. This allows us to bring forth new ideas to the City when new challenges arise. We tailor each on-call task assignment’s scope of services specifically to the needs of the individual project and the City. Our familiarity with local standards, agencies, and deep history and experience of delivering capital improvement projects for various local agencies will help us determine what will be necessary to assist the City with each task order. We will approach each project in the same diligent and comprehensive manner. Upon notice to proceed, the appropriate staff will be assigned by Kimley-Horn’s project manager, Jean Fares, PE, to accomplish the task within the agreed upon timeframe. One of the advantages that our team provides is the ability to assign the right staff to each task. Our team can draw from a multitude of disciplines and resources to complete each assignment—whether the task is relatively minor, requiring only a few people in a single discipline, or a complicated task, requiring numerous people and multiple disciplines. A task manager will be assigned to each task, and they will work closely with the project manager to get the project completed on time and on schedule. 283 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 25 Schedule Due to the actual task orders being unknown at this time, specific scopes and timelines cannot be established until the City issues it. A draft first-year schedule is not possible as projects are issued throughout the year, and each project is unique, just like each project to be received through this on-call contract. We will make sure that task scope and schedule needs are completely understood and will identify an appropriate task manager for each assignment. After consultation with the responsible City staff, Jean and the task manager will develop a scope of services for each task and subtask, budget, and schedule to meet the City’s needs. The task manager is responsible for executing the task scope within the identified budget and schedule. We have set up our team this way to provide the City with a wide range of services matched with the most experienced Kimley-Horn team members. Below is a graphic representation of a typical project including tasks, milestones, and deliverables. ◊ Experience with State and Federally Funded Projects Kimley-Horn is extremely familiar and experienced with federal, state, and local codes, requirements, standards, and procedures. The Kimley- Horn team has delivered numerous federally funded roadway, intersection, and traffic engineering projects built on a solid understanding and familiarity with local, state, and federal procedures and standards. This includes working with Caltrans Local Assistance (Local Assistance Program Guidelines [LAPG] and Local Assistance Procedures Manual [LAPM]) and Union Pacific Railroad (UPRR), California Public Utilities Commission (CPUC), and Federal Railroad Administration (FRA), which involves the CA MUTCD, American Railway Engineering and Maintenance-of-Way (AREMA), and GO 88-B. We have successfully secured E-76s for Construction working with Caltrans on the preparation of PES, Right-of-Way Certifications, Notice to Owners, Encroachment Permit applications, and Request For Authorization (RFA) packages. In many cases, we have worked closely with our clients on the RFA checklists so that we begin the preparation of the forms and procedures in order to meet the funding deadlines. ◊ Approach to Coordination Efforts The Kimley-Horn team has developed relationships and trust with key decision-makers at CVAG, Riverside County Transportation Department (RCTD), Riverside County Transportation Commission (RCTC), Caltrans, utility agencies, and other local agencies, which allows us to effectively communicate and build a project consensus in a timely manner. Kimley-Horn has completed planning and design for a wide variety of state and federally-funded projects across California. We are rigorous in complying with federally-funded requirements and have worked directly with all Caltrans districts. We routinely support agencies across the state through Caltrans Local Assistance and the acquisition of E-76s for all types of projects—from small sidewalk projects to larger freeway improvement projects requiring Caltrans encroachment permits. Our team brings a long list of successfully constructed federal, state, and local-funded improvement projects in the region. Project Manager Task Order Manager Project Scoping Kick-off Meeting and Site Visit Data Collection and Review Evaluation of Existing Conditions TASK ORDER FLOW FOR TYPICAL SERVICES Concept Layouts and Reports Site Walk and Review Stakeholder Input Constraints and Opportunities Final Concepts / Preliminary Design Reports City Council Presentations Final Permitting / Construction Documents PS&E Construction Support Services 284 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 26 ◊ Identification and Resolution of Project Issues Issue: Communication Paramount to a project’s success is a continuous partnership that adapts as necessary to unforeseen circumstances. We will include critical decision-making points in our work plan so the project team and the City can agree upon the best course of action to keep the project on track. There always will be unexpected challenges unique to any given project; it is critical that an approach be developed to control what can be controlled and factors in mechanisms for dealing with the unexpected. Our experience has shown that there really is no such thing as “over-communication” between the client and the design team. For this reason, we recommend use of the following communications protocol, which we have employed successfully on numerous projects: • A bi-weekly conference call between the planning team (with client participation, as needed) to discuss progress and schedule • A monthly progress report summarizing, at a minimum, the following information: • Research and data source updates • Milestone list, with anticipated and actual dates of completion • Upcoming tasks and associated required preparation • Anticipated project issues and strategies for solutions Issue: Schedule Control Schedule control begins with the preparation of a detailed schedule that includes milestone completion dates for specific tasks and the overall project. We will develop a work plan that allocates personnel commitments for each task. Twice a month, our management information system (MIS) generates a Project Effort Report displaying actual effort expended by task. This internal control allows us to make, on a timely basis, any adjustments that may be necessary to maintain your schedule and stay within your budget. Equally as important are open lines of communication between City staff, our subconsultants, and permitting agencies. Our schedule process includes these factors, building into our timelines when and how the schedule is adjusted. We follow our mandate, seeking always to deliver on-time results regardless of ongoing or unexpected challenges. Issue: Construction Costs We understand the largest costs to our clients are those related to construction. We are committed to the preparation of thorough plans and specifications that accurately define project requirements. We work hard to prepare thorough plans and specifications that accurately and completely define the project requirements, and each project deliverable goes through a rigorous QC/QA review prior to finalization. We break down our project designs into discrete pay items, with specific descriptions of what is included to avoid misunderstandings by the contractor during bidding and construction. We carefully monitor contractor progress during construction and assist them in interpreting the contract requirements whenever a question arises. We also review proposals from the contractor to modify elements of construction that may offer cost or schedule benefits to the client. We are proactive and adept at mitigating construction issues. We apply conflict mitigation techniques to properly handle claim issues. We have the experience and expertise to analyze time and cost impacts and propose recommendations. Communication and coordination efforts are essential to resolving issues before they become project setbacks. Project records will be maintained of any potential impacts involving changed conditions, extra work, unforeseen conditions, and delays. As the project nears full completion, our team will follow up on the contractor punch list and review against any pertinent closeout items and project requirements. Kimley-Horn will share this information with the City along with final project files . 285 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 27 ◊ QC/QA Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service we provide. Recognizing the importance of careful quality control, Kimley-Horn developed a QC/ QA manual that every project manager is required to know and use. We certify that our procedures result in high-quality services that satisfy your needs. There will be no learning curve relative to quality for our team. For this project, Kevin Aguigui, PE, TE, EE, CSEP, will provide QC/QA by working with the project team programmatically for adherence to the City’s preferred design. Our program is based on the philosophy that: • QUALITY IS ACHIEVED by adequate planning, coordination, supervision, and technical direction; proper definition of the project requirements and procedures; understanding the scope of services; and the use of appropriately skilled personnel performing work functions carefully. • QUALITY IS CONTROLLED by assigning a manager to evaluate all work and procedures followed while providing the services. • QUALITY IS SECURED through the careful surveillance of work activities by individuals who are not directly responsible for performing the initial efforts. • QUALITY IS VERIFIED through independent reviews by a qualified staff member of the processes, procedures, documentation, supervision, technical direction, and staffing associated with the project development. BENEFITSBENEFITSManage ChangeBudget/CostAnticipate RisksScheduleScopeAll parties continuously informed/up-to-date Scope changes controlled Project is delivered on schedule and under budget X Maintain excellent quality X Evaluate budget vs. progress X Review bimonthly effort reports X Control construction costs X Value engineer as needed X Meet with stakeholders and build consensus X Develop work plan X Maintain database of decisions X Obtain approvals for change X Develop realistic schedule with team X Forecast weekly/monthly/six-month staffing X Establish weekly milestones X Anticipate change and include contingencies X Provide monthly updates X Identify potential risks with thorough preliminary design X Develop alternatives X Mitigate or eliminate risk X Include allowances X Monitor/adjust schedule X Communicate progress/issues updates X Monitor budget X Develop alternatives to mitigate impacts X Communicate proactively X Develop a Communication Plan X Establish roles, lines, contacts, and methods (what, who, and how) X Communicate deliverables X Ensure comment resolution and incorporation X Notify team immediately of changeCoordinationProject Management Approach 286 Proposal for 2024-RFP-127 On-Call Traffic Consulting and Design Services City of Palm Desert City of Palm Desert TRCALAD001549.2024 28 Our QC/QA program includes the review of project documents and supporting data—including documents and data provided by subconsultants—by our project managers, QC/QA managers, and key staff who direct individual tasks. Our QC/QA program includes, but is not limited to, the following procedures: • The project manager and QC/QA manager will be thoroughly familiar with requirements and will have the authority to direct the project team. • An internal kick-off meeting will be held with key individuals, including necessary subconsultants, to clearly define the scope of services. • Project meetings and decisions will be documented by using a basis of design matrix. • Supporting calculations, text, or data used to develop a design plan or document will be signed and dated by the individual involved. • Team network review will be undertaken. Team network quality control is the day-to-day peer review that is undertaken by the project team. Technical documentation, analysis, and correspondence is reviewed by a team member other than the individual or subconsultant preparing the documents and analyses. 287 The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under US copyright law. Copyright © 2024 Kimley-Horn and Associates, Inc. CONTACT: Jean Fares, PE Jean.Fares@kimley-horn.com 818.970.2048 73-700 Dinah Shore Drive, Unit 101, Palm Desert, CA 92211 www.kimley-horn.com 288 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 26th 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 TJKM TRANSPORTATION CONSULTANTS, a Corporation, with its principal place of business at 4305 HACIENDA DRIVE, SUITE 550, PLEASANTON, CA 94588 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: On-Call Traffic Consulting and Design Services Project No. MTS00004 (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 26, 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 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 289 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: RUTA JARIWALA. 3.2.5 City's Representative. The City hereby designates BASSAM AL-BEITAWI, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates RUTA JARIWALA, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants 290 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 291 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 292 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. [Reserved]. (G) Cyber Liability Insurance. [Reserved]. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City 293 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 294 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, 295 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. 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 maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the 296 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 297 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: TJKM TRANSPORTATION CONSULTANTS 4305 HACIENDA DRIVE, SUITE 550, PLEASANTON, CA 94588 ATTN: RUTA JARIWALA, PRINCIPAL 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. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 298 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any par ty other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 299 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 300 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 301 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 302 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND TJKM TRANSPORTATION CONSULTANTS 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 TJKM TRANSPORTATION CONSULTANTS, A CORPORATION By: Nayan Amin President By: Its: Secretary Printed Name: Ruta Jariwala QC: _____ Insurance: _____ Initial Review _____ Final Approval 303 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 1. Traffic Engineering and Analysis Conduct traffic impact studies for new developments and redevelopment projects. Perform traffic signal warrant analyses, intersection capacity analyses, and corridor studies. Provide recommendations for traffic signal timing and coordination. Develop traffic management plans for special events and construction projects. Perform traffic data collection, including vehicle counts, speed studies, and pedestrian/bicycle counts. 2. Transportation Planning Develop and update citywide transportation plans and policies. Conduct long-range transportation planning, including multimodal transportation plans. Evaluate and plan for bicycle and pedestrian facilities. Assist in the preparation of grant applications for transportation funding. 3. Traffic Signal Design and Implementation Design new traffic signal systems and modifications to existing systems. Prepare plans, specifications, and estimates (PS&E) for traffic signal projects. Provide technical support during construction, including review of shop drawings and response to requests for information (RFIs). Conduct traffic signal system evaluations and recommend improvements. 4. Traffic Calming and Safety Improvements Analyze/recommend traffic calming measures for residential neighborhoods/high-traffic areas. Design and implement pedestrian safety improvements, including crosswalks, signage, and pedestrian signals. Conduct road safety audits and develop safety improvement plans. Provide recommendations for school zone safety enhancements. 5. Parking Studies and Management Conduct parking studies to assess current and future parking needs. Develop parking management plans, including on-street and off-street parking solutions. Provide recommendations for parking facility design and layout. Assist in the implementation of parking technologies, such as automated parking systems and smart meters. 6. Intelligent Transportation Systems (ITS) Design and implement ITS solutions to improve traffic flow and safety. Develop plans for the integration of new technologies, such as adaptive signal control and traffic monitoring systems. Provide technical support for the deployment of ITS infrastructure. Conduct evaluations of existing ITS systems and recommend enhancements. 7. Public Engagement and Outreach Develop and implement public outreach strategies for transportation projects. Facilitate public meetings, workshops, and stakeholder engagement sessions. Prepare informational materials, including presentations, reports, and brochures. Collect and analyze public feedback to inform project development. 8. Project Management and Coordination Provide project management services, including scheduling, budgeting, and resource allocation. Coordinate with city staff, other consultants, and external agencies to ensure project success. Prepare regular project status reports and updates for city officials. Ensure compliance with local, state, and federal regulations and standards. 9. Environmental and Regulatory Compliance Conduct environmental reviews and assessments for transportation projects. Ensure compliance with environmental regulations, including CEQA and NEPA. Prepare necessary documentation for environmental clearance and permits. Develop mitigation measures to address environmental impacts. 304 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from September 26, 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 (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. • No work shall be initiated without an approved Task Order. • Contractor shall perform services based on an approved Task Order. • The Contractor will provide an estimated timeline for project milestones and completion. • The Contractor shall perform all work within the time agreed upon with the City. • Work required in strict compliance with the contract documents. 305 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 TASK ORDER FORM Task Order No.____________ Agreement: ______________ Consultant: ______________ Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________ The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above. CITY OF PALM DESERT TJKM TRANSPORTATION CONSULTANTS Date: __________________ Date:_________________ By:______________________ By:___________________ 306 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "C" COMPENSATION The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 307 308 Proposal for the On-Call Traffic Consultingand Design Services August 29, 20242024-RFP-127 309 CALIFORNIA | FLORIDA | TEXAS Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com August 29, 2024 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Proposal for the City of Palm Desert providing On-Call Traffic and Design Services Dear Selection Committee: TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for On-Call Traffic and Design Services. TJKM is a traffic engineering and transportation planning firm located in Pleasanton, San Jose, Fresno, Sacramento, Santa Rosa, CA; Austin, TX; and Tampa, FL. For 50 years, TJKM has been involved with all aspects of transportation planning and traffic engineering to improve the quality of life for many communities within California. TJKM commits to the City of Palm Desert a dedicated, multi-disciplinary staff of seasoned transportation experts who have the demonstrated capabilities to meet the technical, managerial, and schedule challenges to be encountered with any transportation-related project. The team offered by TJKM is not only unparalleled in each of these areas, but has the creativity to develop innovative design approaches to meet any of the City’s project goals. To meet the specific needs of the City, I am pleased to propose myself, Nayan Amin, TE, as the Project Manager. I bring to the team over 34 years of experience in the areas of traffic engineering, traffic operations, transportation planning, freeway and arterial management studies, signal coordination, traffic signal systems, traffic impact studies/EIRs and intelligent transportation systems planning, and construction oversight. I have extensive experience in macro and microscopic model development and application for analysis of traffic operations for express lane studies as well as multimodal operations, light-rail, bus rapid transit, pedestrian, bicyclists, and traffic safety studies. I will be supported by a group of talented and experienced leaders in their fields with significant experience in providing engineering support services for the development of federal, state, and locally funded transportation-related projects. Our team brings current knowledge and experience to the City and ready to “hit the ground running”. Key Highlight of Approach To ensure successful delivery of any given task orders with full staff capacity within reasonable timeline, TJKM monitors City development, planned transportation improvements, and projects underway. Proactively, we prefer frequent check-in’s with the City’s project manager to keep the project manager informed of potential of any viable projects and grant funding opportunities. Contact and Commitment As President of the firm, I am authorized to bind TJKM to a contract. If you have any questions regarding our proposal, please do not hesitate to reach me by phone at (408) 410-2977, via email at namin@tjkm.com. Mailed correspondence can be sent to our corporate office located at 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588. We look forward to the opportunity to answer any questions regarding our Proposal. Thank you for considering TJKM. Sincerely, TJKM Transportation Consultants Nayan Amin, TE - President 310 On-Call Traffic Consulting & Design Services 2024-RFP-127 | i CONTENTS Experience and Technical Competence ........................................................................................................................................................... 1 Background ............................................................................................................................................................................................................ 1 References ............................................................................................................................................................................................................ 16 Firm Staffing and Key Personnel ...................................................................................................................................................................... 26 Staffing .................................................................................................................................................................................................................. 26 Key Personnel Roles and Responsibilities ................................................................................................................................................ 28 Team Organization ........................................................................................................................................................................................... 29 Subcontractors ................................................................................................................................................................................................... 29 Proposed Method to Accomplish the Work ................................................................................................................................................ 30 Technical Approach .......................................................................................................................................................................................... 30 Management Approach .................................................................................................................................................................................. 34 311 EXPERIENCE & TECHNICAL COMPETENCE City of Palm Desert Proposal forOn-Call Traffic Consulting & Design Services 312 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 1 TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for On-Call Traffic Consulting & Design Services to the City of Palm Desert. EXPERIENCE AND TECHNICAL COMPETENCE Background TJKM, founded in 1974, is a traffic engineering, transportation planning, and traffic operations firm that provides professional services in California, Florida, and Texas. For 50 years, more than 3,500 satisfied clients in more than 380 jurisdictions have entrusted TJKM with their critical work. We serve a full-range of clients, including municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, private developers, other consulting firms, and attorneys. TJKM has been involved in more than 8,000 transportation projects throughout California, and averages about 240 new projects each year. TJKM’s primary service categories include traffic engineering design (including Plans, Specifications, and Estimates [PS&E]), transportation planning, traffic safety, traffic operations, corridor studies, Intelligent Transportation Systems (ITS), and multimodal studies. Our motivation comes from satisfying clients’ objectives and improving communities. TJKM has a strong roster of both public and private sector clients and continually builds upon this base. TJKM has five decades of experience on successfully delivering projects for a wide range of traffic engineering, transportation planning and traffic operations projects, including over 50 On-Call assignments. Over the years, we have gained invaluable insight and experience in managing individual assignments under On-Call contracts. TJKM has played an important role in the completion of numerous On-Call Contracts as an extension of staff for our clients. With this knowledge, TJKM will ensure that our service to your agency will be timely, cost-effective, and of the highest quality as we serve as an extension to your staff. A major goal for each On-Call assignment will be to complete all phases within the budget and schedule. Because of our boundless familiarity with all the major aspects of transportation projects, we are confident our proposed work plans will satisfy the City’s goals and objectives for each project. Our goal is to provide the most cost-effective implementable solutions that meets the unique needs of each client while remaining within budget and on schedule. We are professionals with a passion for safe and sustainable transportation - fully committed to highest client satisfaction. TJKM is a Disadvantaged Business Enterprise (DBE) #40772 and Small Business Enterprise (SBE) #38780. FULL SERVICE TEAM As a full-service, multi-disciplinary organization, the TJKM Team offers expertise in the following areas: • Transportation Engineering Design: o Traffic Signals Design o Roadway Improvement Design o Development & Site Plan Review o Construction Support Services o Design Criteria, Schematic Design & Alternatives o Project Phasing, Scheduling, & Estimating o Topographic Surveys o Government Agency Review & Coordination o PS&E Preparation o Intelligent Transportation Systems (ITS) o Incident Management System o Communication Systems • Transportation Planning: o Traffic Impact Analysis o On-Street & Off-Street Parking o Neighborhood Traffic Calming Program o Parking Studies o Multimodal Studies o Environmental Impact Studies o Pedestrian & Bicycle Access & Safety o Traffic Impact Fee Program o Multimodal Impact Fee Program o Vehicle Miles Traveled Analysis 313 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 2 • Traffic Operations: o Corridor Studies o Traffic Studies & Analysis o Traffic Simulation o Transit Priority & Bus Rapid Transit o Feasibility Studies o Noise Analysis o Traffic Surveys o Warrant Analysis o Traffic Signal Timing & Coordination • Travel Demand Modeling: o Travel Demand Forecasting for all modes o Transit Modeling & Simulation o Data Analytics • Safety Studies: o Systemic Safety Analysis o Local Road Safety Plan o Comprehensive Safety Action Plan o Engineering & Traffic Studies o Vision Zero Action Plans • Additional Consulting Services: o Staff Augmentation o Programming & Grant Application o Educational Material o Public & Staff Meeting Facilitation o Outreach o Peer Review The map below illustrates some of our On-Call Contracts. 314 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 3 EXPERTISE Traffic Engineering and Analysis Traffic Engineering The TJKM Team has all the requisite technical experience that is required to complete any project successfully. Our team members have extensive knowledge and experience with traffic engineering and traffic signal coordination, implementation and fine-tuning, traffic studies, intersection levels of service, freeway, and arterial operational studies, PS&E for signals and as-built plans, neighborhood and circulation plan studies, data collection, traffic handling plans, pedestrian and bicycle studies, traffic safety analysis, operational analysis, and signing and striping. Based on our experience in delivering successful similar projects we believe in order to develop good plans; data must be collected. We will take the data and input into a standard capacity analysis software to be analyzed. Our staff is thoroughly knowledgeable of HCS, Synchro, VISSIM, VISTRO, SIDRA, Traffix, TransModeler, FREQ, Streetwise, ATMS.now, 200SA, 233, Caltrans C8, QuickNet, ACTRA, MIST, Wapiti, McCain, and CORSIM. We also have experience in legacy systems such as Transyt-7F for transitioning archived projects. We are adept with TransCAD, VISSUM, and CUBE for modeling. Once the plans have been developed via a software program, we know it is important that the traffic engineer observe the resulting conditions and fine-tune the plans to make them the most effective. Development of Traffic Studies and Reports Traffic is often one of the major considerations in planning a new or modified development. Traffic Studies are a specialty at TJKM that we are well trained and highly effective in analyzing potential impacts created by a new or modified development, and we develop creative solutions that our clients can implement. The purpose of these are to assist agencies in the public sectors and companies within the private sectors, in making major land use and other development decisions. We have performed this service for both public and private sector clients throughout the State of California. We have assessed traffic under existing, near-term, and long- term future conditions and evaluated all the feasible or proposed alternatives as well as provided recommendations. We develop innovative and feasible solutions regarding operational improvements, ITS strategies, and system expansion projects to preserve or improve performance measures within the corridor. 315 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 4 TJKM’s TIS services typically include Identifying LOS deficiencies, recommending alternative circulation systems, producing forecasts using transportation models, and providing mitigation measures for traffic impacts associated with a proposed development. TJKM has conducted over 3,000 TIS as part of EIRs or as separate analyses. We have conducted studies for residential, retail, office, institutional, industrial, government, and recreational developments. Our clients include both private developers and government agencies. The TJKM team members have conducted feasibility studies, developed concepts, and developed PS&E for projects. We routinely attend City Council and Planning Commission meetings to support our findings and recommendations and have a successful record of achieving accord between the developer’s vision and the best interests of the community. Corridor Studies TJKM has conducted corridor studies for significant transportation projects along major arterials, state highways and freeways. Such studies analyze conditions for vehicular traffic as well as bicycle and pedestrian facilities and transit operations. These studies seek to identify the mix of transportation improvements that would be most effective in moving people and goods in specific travel corridors, and balancing those improvements with available funding and neighborhood and community concerns. When planning or integrating multiple modes of transportation within a traffic corridor shared by multiple modes of travel, it is important to know about the issues and concerns. TJK M has performed numerous corridor studies that provided a balanced and comprehensive view of the project. We analyzed existing conditions and identified deficiencies, opportunities, and constraints. As part of the analysis, we forecast population, traffic, and land use changes to project future corridor use by different modes of transportation. We have assessed traffic management under existing, near-term, and long-term future conditions and evaluated all the feasible or proposed alternatives as well as provided recommendations. Our expertise includes developing Corridor System Management Plans (CSMP) that outline the multi-jurisdictional management of a corridor experiencing delay due to congestion, with emphasis on operations and getting the most of our existing infrastructure. We are highly skilled at analyzing existing and future traffic conditions and assessments of performance measures within the corridor. We develop innovative and feasible solutions regarding operational improvements, intelligent transportation system (ITS) strategies, and system expansion projects to preserve or improve performance measures within the corridor. 316 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 5 Traffic Signal Timing and Coordination Any signal coordination project presents many challenges such as: signal timing optimization philosophies and strategies; pedestrian clearances; advance and exclusive pedestrian phases; transit signal priority; cycle length selection; network partitioning; cross street coordination; and queue management. Our approach is based on numerous signal coordination projects we have worked on and lessons learned from those projects. Based on our extensive experience in delivering successful similar projects we believe in order to develop good timing plans, accurate traffic volumes and data must be collected and analyzed. In addition, identification of the feeders and facilitators and other key relevant factors that can impact the progression and operations for all modes of transportation is very important. Once the plans have been developed via a software program, it is important that the traffic engineer observe the resulting conditions and fine-tune the plans to make them the most effective. Our Team has timed approximately 1,500+ intersections throughout the State of California. Our proposed team members have worked on signal coordination projects under the Metropolitan Transportation Commission’s (MTC) Regional Signal Timing Program (RSTP) 2008-2010 Cycles and PASS 2010-2024 Cycles. In addition, we have provided traffic signal timing evaluation and signal timing plans for numerous local jurisdictions within the State. Many of our traffic signal system projects have included coordination of existing signals, development of new timing plans, implementation, and fine tuning, including interconnect design for some projects. Our staff is thoroughly knowledgeable of all of the standard capacity analysis software including HCS, Synchro, VISSIM, VISTRO, SIDRA, Traffix, TransModeler, FREQ, and CORSIM. We also have experience in legacy software systems such as Transyt-7F for transitioning archived projects to new efforts. We are also adept with TransCAD, VISSUM, and CUBE for travel demand modeling. TJKM staff also has in-depth expertise in the development and calibration of the types of signal coordination plans available to improve transportation management systems: time- of-day, traffic responsive, and traffic adaptive signal coordination routines. 317 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 6 Data Collection TJKM’s services include data collection utilized to augment available databases. TJKM has historically provided various types of traffic counts for our clients. Prior to initiating field data collection, TJKM will review each potential inventory item with your organization to ensure there is complete agreement on each component. Our engineers or planners visit the sites and make qualitative assessments of site traffic operations, particularly in terms of safety, queue lengths, delays, conflicts, or any operational characteristics that should be considered in recommending the need for improvements. By observing traffic conditions personally, we can then determine the most effective strategies that will actually work to improve operations rather than what may sound good on paper. The types of counts we perform include: • Collect hourly traffic count data on major roadways for a minimum period of 24 hours during typical weekday traffic conditions. • Four Hour Turning Movement Counts taken for the hours encompassing the morning, midday peak and afternoon traffic periods and/or peak periods during which warranting volumes exist and an off-peak period. • Pedestrian and bicycle volume counts encompassing the morning and evening peak traffic periods and/or the peak pedestrian and bicycle volume periods. After data collection, we then prepare condition assessments. The data collected is then input into a program, such as TRAFFIX, Synchro, or SimTraffic to develop traffic count databases and traffic speed profiles using GPS technology. Generally, they show the geometry and dimensions, including driveways, sidewalks, signs, pavement markings, turn lanes, lane widths, taper lengths, turning and curb radii, traffic control devices and other roadway or roadside elements that contribute to the quality of intersection operation. We analyze the data to determine if the amount of traffic data within the study area is acceptable to your agency’s standards. Speed Studies TJKM has conducted numerous Engineering and Traffic Surveys (ETS) for municipal agencies in over 50 jurisdictions throughout the State of California. Each study segments in all of these projects were carefully reviewed to meet the requirements of California state laws for speed zones and radar enforcement. Past study recommendations have been adopted by our municipal clients keeping them in compliance with state law and improving traffic safety in their communities. 318 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 7 In order to better conform to the standards established in the Federal Highway Administration’s (FHWA) California Manual on Uniform Traffic Control Devices (CA MUTCD), and to address some of the widespread disregard of the five mile per hour (mph) special downward speed zoning provision, the CA MUTCD revised the speed zoning section to require rounding the 85th percentile to the nearest five mph increment rather than the lower five mph increment. This specific guideline revision has resulted in raising certain street speed limits and has become a challenge for the State and local jurisdictions. TJKM uses pre-existing software templates and tools to perform technical analysis, which are proven effective on similar projects. We also use a checklist to ensure all procedures and tasks are followed satisfactorily. This practice eliminates repetitive work and increases the efficiency of our personnel. Transportation Planning Our Team is recognized throughout California for our transportation planning and design capabilities. TJKM is a full- service planning and engineering firm that develops mobility strategies and transportation design solutions that support community goals, with the technical expertise necessary to ensure that proposed solutions are feasible. TJKM staff have assisted cities throughout California with integrated transportation/land use planning efforts, including General Plans, Specific Plans and related planning efforts. Our approach to analysis and development of recommendations keeps in mind that variation arises due to complex reasons that range from accessibility afforded to residents in a particular area, to cultural, social, and economic reasons that are not traditionally considered by transportation planners. We focus on three strategies to address the last-mile problem in accessing public transportation, with a goal of developing a successful intermodal passenger transportation system. Multimodal TJKM has incorporated bike and pedestrian planning and design in many of its projects. TJKM has prepared trail designs, and trail/roadway intersection designs, along with elaborate Class II bicycle facilities along major streets and at intersections. Based on the individual project, TJKM frequently inventories existing bicycle and pedestrian volumes as a part of multimodal planning studies and design projects, analyzes impacts, develops recommendations and alternatives, conducts outreach, and prepares deliverables. 319 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 8 Bicycle and Pedestrian TJKM has completed studies for Bicycle and Pedestrian Access and Safety studies throughout California. Our team members have developed bicycle and pedestrian safety programs for more than 30 local jurisdictions in Northern California. The TJKM Team has all the requisite technical experience that is required to complete any project successfully. Our team members have extensive knowledge and experience of traffic signal coordination, implementation and fine-tuning, traffic studies, intersection levels of service, freeway, and arterial operational studies, PS&E for signals and as-built plans, neighborhood and circulation plan studies, data collection, traffic handling plans, pedestrian and bicycle studies, traffic safety analysis, operational analysis and signing and striping. Our proposed team members have provided on-call traffic engineering services to numerous jurisdictions throughout the State of California since 1974. Through our extensive experience, our project team understands how to prepare scopes, budgets and schedules to translate County requirements into successful projects. Our team members have worked extensively with Caltrans, local municipalities and agencies, Congestion Management Agencies, Counties, and private developers. Our staff members have worked on numerous projects requiring coordination between different agencies across jurisdictional boundaries. Our proposed team members are fully conversant with applicable federal, state, and local roadway design standards, and engineering units of measurement including English and metric systems. Our designers are also fully conversant with roadway improvement drafting standards, and extensive experience preparing plans as per Caltrans “Plans Preparation Manual” and “CADD User’s Manual of Instructions.” Grant Applications TJKM has assisted cities in preparing successful grant applications as part of our on-call engagements. TJKM prepared four project applications for Transportation Development Act (TDA) Article 3 and San Mateo County Measure A funds under the County’s Pedestrian and Bicycle Program, on behalf of the City of Redwood City. Starting from only a very broad description of each project, TJKM conducted field investigations, developed design concepts, and prepared drawings and cost estimates for the proposed improvements for the grant applications. In the case of an application for TDA Article 3 funds, TJKM prepared detailed plans for roadway re-striping to add bike lanes or bike route and share-the-road signs and markings as appropriate, which successfully qualified the project as “construction-ready” 320 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 9 per the TDA grant requirements. TJKM completed all of the work on the four applications in approximately two weeks to meet the tight deadline set by the County. As part of the selection process, TJKM presented the four projects at a joint meeting of the County’s Bicycle and Pedestrian Advisory Committee (BPAC) and Transportation Authority (TA) Evaluation Panel. The County awarded funding to three of the projects, representing nearly $1.4 million of the total $5.6 million awarded, from a field of 41 projects submitted by 18 jurisdictions requesting $11.2 million; the fourth Redwood City project was ranked immediately “below the line” for Measure A funds. Traffic Signal Design and Implementation TJKM has designed more than 3,000 signals in 200 jurisdictions in California. Our staff are very knowledgeable in preparing high quality and accurate PS&E for new/modified signal systems and pavement delineation that enhances capacity and safety. TJKM’s design process includes a detailed site investigation to verify existing items such as; lane geometry, sight distance issues, signal poles, controller cabinets, service pedestals, pull boxes, conduits, street lighting circuits, and other information. Due to the site investigation, our staff has hands-on experience and an extensive track record of successfully delivering constructible design projects. Many of our signal design projects require design for interconnect and coordination that include fiber optic, copper wire, and wireless communications. Due to the evolving environment of signal design and traffic monitoring, the TJKM Team is very familiar with modifying and installing news signals with surveillance cameras, video detection systems, and wireless devices to support Adaptive Traffic Control Systems, Automated Traffic Signal Performance Measure, and Connected Vehicle applications. Many of our signal system projects have included coordination of existing signals, development of new timing plans, implementation, and fine tuning, including interconnect design for some projects. TJKM, as part of our extensive experience working on design related projects for both public agencies and private development brings a wealth of knowledge in preparing PS&E for various projects. TJKM will follow the desired 30%, 90%, 100% PS&E submittal stages to deliver a high quality product to the City. At 30% level, it is typical to submit plans and estimates to get a preliminary evaluation of the overall project layout and ensure the estimate matches the allocated construction budget. Then, the remainder of the submittal specifications will be provided to develop a high quality construction ready PS&E set. If bid support or construction support are needed, TJKM will also 321 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 10 assist on these tasks. This can include responding to Request for Information, reviewing submittals, providing record drawings, and any other services required during the bidding process and construction. Traffic Calming and Safety Improvements Traffic Calming Almost 20 percent of TJKM’s total project experience is traffic calming recommendations and design. Many of our municipal contracts are directly related to developing implementable neighborhood traffic calming strategies. Our calming strategies have been implemented repeatedly due to our careful and thoughtful analysis of current traffic conditions since wider streets are generally a deterrent to pedestrians. We have used various techniques (such as curb bulb-outs, lane reductions, speed humps, pedestrian refuge, medians, raised intersections and crosswalks, etc.) to make a street more walkable and pedestrian friendly. TJKM has seasoned personnel who have been involved in the planning, procedures, and policies of traffic calming devices that make for a more walkable community. Our approaches and processes are in place because they have worked well in the past. Our success with traffic calming projects comes from years of tried and true experiences. TJKM has written traffic calming policies and guidelines for public agencies, including Concord, Millbrae, Hayward, Dinuba, Campbell, Los Gatos, Palo Alto, and San Leandro. Pedestrian Safety Improvements TJKM has extensive experience preparing plans for various alternative pedestrian and bicycle facilities as part of intersection improvement projects and streetscape projects. TJKM has designed pedestrian safety and bicycle gap closure projects that involve installation of Class II, III, and IV bicycle facilities. Lot of the work involves installation of a pedestrian safety device to improve the safety at each crossing. This ranges from Static warning signs to Rectangular Rapid Flashing Beacons (RRFB), and Pedestrian Hybrid Beacons (PHB). This typically entails the preparation of a full set of electrical drawings, signage, striping plans, estimate and specifications (PS&E). The projects are also funded by grant funding such as Highway Safety Improvements Program (HSIP), Congestion Mitigation and Air Quality (CMAQ) and other funding sources. 322 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 11 Safety Improvement Plans TJKM is assisting cities and counties to develop their Vision Zero policy documents, vision statements, and guiding principles. This is done by analyzing 10 years of injury collision data and cities’ transportation networks to identify collision patterns and trends, developing high injury networks to maximize the impact of future safety improvement projects, and establishes metrics and targets for year-over-year collision reduction monitoring. Through an extensive literature review processes, analysis, community outreach, and field observations our team members have identified proven safety countermeasures (used nationally and globally) to decrease roadway conflicts, create networks that are safe for all users, and contribute to place making. Demographics of the area are collected to ensure that the implementation of identified strategies and countermeasures are equitable throughout each jurisdiction. Through coordination with staff, stakeholders, and the community (through online and in-person community outreach events), our team members have helped jurisdictions to form a Vision Zero Task Force who assist them in developing and refining the core strategies and action policies for these Vision Zero initiatives to account for the uniqueness of each jurisdiction. TJKM also helps the cities and counties to integrate their ArcGIS platform with the collision dashboard; this helps the agencies to continuously monitor the performance of the implemented countermeasures and safety projects. This monitoring mechanism helps the stakeholder advisory group to further fine-tune their safety countermeasures and strategies. School Zone Safety Enhancements TJKM has evaluated bicyclist and pedestrian safety and designed improvements as part of numerous Safe Route to School projects, and our staff is highly cognizant of the dynamics of school route safety through our experience as city traffic engineers. We understand the characteristics of school- age children, as well as the often limited resources available to implement improvement measures. We strive to balance competing priorities and recommend safety measures that can be implemented in both the short and long term. We work with all project stakeholders to build consensus on improving safety for all students traveling to and from schools. 323 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 12 Parking Studies and Management A key ingredient to a vibrant community is the availability of affordable and convenient parking in easily accessible locations. TJKM has completed over 500 projects that have included parking studies for residential districts, downtown areas, office buildings, shopping centers, hospitals and medical facilities, transit stations, civic centers, major universities, and other institutions. We have completed studies that involved parking supply/demand analysis, parking intrusion into residential neighborhoods, commuter parking, permit parking programs, parking fees, enforcement, wayfinding signs, policy development, etc. We bring knowledge that covers both on-street and off-street parking facilities. We will inventory and map existing parking, analyze parking needs and opportunities, and provide recommendations through the development of a parking study. The completed study will provide direction on the development of parking priorities and recommendations to help address real and perceived parking concerns. We have developed parking demand management solutions for many cities that have seen sustained growth and prosperity with a goal to reduce parking demand by promoting cleaner and sustainable non-auto modes of transportation as well as ensure the continued success and expansion of downtown areas. Additionally, we can provide a phased implementation plan that will provide direction on how to best meet current and future parking needs. Intelligent Transportation Systems (ITS) Our Team is recognized for transportation planning and design capabilities. We have worked with numerous agencies to improve the efficiency of surface transportation systems through the planning, design, operation, and maintenance phases of ITS projects. Our team members bring significant experience in the design and development of ITS systems during the last 20 years. Through our work, TJKM has developed a process that provides efficient ITS design through a multi- level approach, which addresses each element from concept, implement and to full operational stage. TJKM, and its team members in their individual experience, have successfully applied this approach to several similar projects throughout the nation, tailoring each project to the client’s needs. On ITS design projects, we bring valuable experience in inventorying existing conditions, develop base maps, and prepare PS&E for ITS projects at 30%, 90%, and 100% design level. Various projects that included ITS services are listed on the right. 324 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 13 Public Engagement and Outreach It is critical to the success of any project that the public is involved in the project development. Citizens like to be aware of the local projects in their community and be involved in the steps or decision making process. This mindset resonates in how we communicate with our clients and the public and it will show in the satisfaction of your community. We facilitate public engagement/awareness through several steps that help us gather input effectively. • Virtual Conferencing - We can use any platform acceptable to our clients for virtual meetings. We are keenly aware of the special needs of persons with disabilities that may not be able to attend meeting in person. In those cases, we use mailers/emails that are distributed announcing any virtual meetings. We can use any platform (Zoom, Microsoft Teams, Google Meet, WebEx, GoTo Meeting, or Skype) with screen sharing capability for virtual meetings. • Websites – The development of project websites for updates, announcements, specific project data, graphical displays, notices, handouts for public meetings, and online surveys, and to create involvement and elicit feedback. TJKM has a very strong team of graphic designers with experience preparing materials to be used on websites or printed and distributed at the public meetings. • Community Events/Meeting - TJKM’s staff will attend, present, and answer project questions at various functions such as farmer’s markets, pop-up events, festivals, as well as specific project events such as community outreach meetings, walking/biking tours, meeting with special advocacy groups. We value diverse views by promoting public engagement and feedback. TJKM specializes in a variety of community outreach methods and strategies to assist our plans and clients, including public workshops, focus groups, hosting walking/biking tours, development of project websites for announcements and to elicit feedback, consent building, pop-up events and tactical urbanism, and intercept and online surveys. Project Management and Coordination Frequent and effective communication between the City of Palm Springs and the TJKM Team is needed to maintain the project schedule and ensure a quality product. TJKM will manage the schedule and budget throughout the duration of the project. After the Notice-To-Proceed, TJKM will facilitate a Kick-Off Meeting with the City’s Project Manager and other City representatives. TJKM will prepare meeting materials including 325 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 14 an agenda and related handouts. Throughout the project, TJKM expects ongoing emails, conference calls, and monthly meetings with the City’s Project Manager to keep the project on track and to meet City’s expectations during the creation of the Plan. Meetings can be in person or through virtual conferencing with screen sharing capability (Zoom or similar). TJKM will prepare the schedule in Microsoft (MS) Project software format and will perform updates to the schedule at design progress meetings. TJKM will maintain all agendas, meeting notes, and action items through a Google doc, which will be a living document throughout the life of the project and will provide an open and up-to- date communication platform. Familiarity with City, State, and Federal Regulations and Standards TJKM has completed numerous projects that have followed State and Federal procedures and processes. Some of these projects include the Federal and State Safe Routes to School design projects, while others have included the HSIP projects. We have also completed projects funded through the Section 130 program, and yet others have included projects funded by State and Federal CMQA Improvement. All of these projects require coordination with Caltrans Local Assistance Program for E-76 permit approval. The level of TJKM’s involvement has varied depending on the Client. On some of these projects, TJKM has assisted the local agency with the completion of the RFA to Proceed package to Caltrans Local Assistance for Preliminary Engineering authorization and E-76 permit authorization for construction funds. We are familiar with the processes used to satisfy a variety of funding sources, and will draw upon our background and extensive experience to satisfy all the procedures and processes of this project. The map below shows our relevant HSIP projects with locations. 326 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 15 Environmental and Regulatory Compliance TJKM has successfully contributed to Environmental Impact Reports (EIRs) for California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance for a variety of projects. TJKM works with both Environmental and Planning firms, or directly with public agencies to assist in the approval of development proposals. Our goal is to develop mitigation measures that will minimize a project’s impact on the surrounding transportation system, and ultimately, our environment. We deliver high-quality services that satisfy the needs and goals of each project, and pride ourselves in our ability to complete EIR transportation sections on or ahead of schedule, and for a great value. TJKM provides transportation studies related to the environmental approval process for all types of land uses, including: freeways (Project Study Reports/Project Reports), mixed-use, industrial, residential, office, retail, agricultural, institutional, and more. TJKM provides transportation studies related to the environmental approval process for all types of land uses, including freeways (Project Study Reports/Project Reports), mixed-use, industrial, residential, office, retail, agricultural, institutional, and more. Our multimodal planning and design studies focus on transportation facility design, and traffic operations analysis in support of environmental documentation meeting California Environmental Quality Act (CEQA) standards. 327 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 16 References Nearly 85 percent of our clients are repeat clients. Prompt service, attention to details, strict adherence to schedule requirements, and commitment to our clients’ goals are among the reasons for this steady client base. Our objective on every assignment is to provide the most cost-effective product that meets the specific needs and criteria of each client within the planned schedule and budget. We encourage the City of Palm Desert to contact our references to learn about our performance. We are confident that you will be pleased with what our clients have to say about us. HSIP TRAFFIC SIGNAL IMPROVEMENTS PROJECT, PALM DESERT Reference: Bassam Al-Beitawi, City of Palm Desert, (760) 776-6452, balbeitawi@palmdesert.gov | Dates: 2023-2024 TJKM assisted with the City with preparing the PS&E which was funded by HSIP funds. The project included installation of yellow retroreflective borders for 99 signals throughout the City. TJKM conducted a field investigation of all existing traffic signal backplates (make/model and signal equipment) to determine what was necessary to replace at each intersection. Following the field investigation, TJKM prepared the traffic signal plans and estimate using current Caltrans and City standards in AutoCAD format using google earth aerials for both existing geometric features and proposed equipment. TJKM completed the design PS&E in two months including the forms for the E-76 submittal. The City is currently waiting on the last comments from Caltrans to approve the E-76 construction funds. TJKM will provide support during bidding/construction. 328 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 17 ON-CALL PROFESSIONAL TRAFFIC ENGINEERING/TRANSPORTATION PLANNING, CONCORD Reference: Abhishek Parikh, City of Concord, (925) 671-3129, abhishek.parikh@cityofconcord.org | Dates: 2015-Ongoing TJKM is providing transportation planning, traffic operations and traffic engineering services for the City on an On- Call basis. Tasks included: • Galindo Street Corridor Plan – The primary goal of the Plan was to develop concept plans to redesign and enhance public right- of-way for pedestrians, bicyclists, and transit users to support the anticipated residential and employment growth within the Downtown Priority Development Area. • Website Design Services – Created a user-friendly website for the City’s Transportation Division. • HSIP Application for Various Locations – Developed a HSIP application for to improve signal hardware (lenses, backplates, mountings, size, number), upgrade cabinet equipment, controllers and modify phasing to provide a Lead Pedestrian Interval (LPI) at various locations. The application was approved for funding. • Staff Augmentation Support – Provided on-site staff to assist the City with various signal timing and traffic operations tasks. • Monument Boulevard Fiber PS&E - TJKM assisted the City with the design of the fiber interconnect along Monument Boulevard, which connected 10 traffic signals to the existing trunkline. This enables the City to monitor the traffic signals remotely and implement adaptive signal operation to improve progression along the corridor. • Collision Analysis Dashboard - TJKM developed a Collision Analysis Dashboard based on the last 10 years of collision data for numerous agencies. The Dashboard comprised an interactive mapping tool to conduct collision analysis, visualize data, analyze collision trends, and develop and monitor high-injury networks. The culmination of these features allowed Concord to implement resources that prioritized safety projects with the higher benefits. In addition, it had embedded functionality that monitored and analyzed the network's performance of implemented safety measures, which helped Concord formulate and manage safety policies and procedures. The integration of the collision analysis Dashboard with their ArcGIS asset management platform had helped to enhance safety within the City by not only monitoring the implemented projects but also by prioritizing and identifying the potential future projects and pursuing appropriate Grant Funding opportunities. • Citywide Neighborhood Traffic Calming Program - The program will help establish a mechanism for residents to inform City staff of concerns on City-operated streets, provide decision makers a toolkit of nearly 30 traffic calming countermeasures to be used based on context and community preference, and a process to prioritize projects proportional to current funding opportunities. • Vision Zero Plan - TJKM is assisting the City to develop a Vision Zero Action Plan (VZAP) to enhance safety and operations for all modes of transportation of all ages. The scope of work includes: Development of a Vision Zero policy; Formation of Stakeholder Advisory Group (SAG); Public outreach; Collision data collection and analysis; Identifying High Injury Network; Collision Trends and Collision Profiles; Identification of Vision Zero countermeasure toolbox; Development of policies and programs; Development of a Capital Improvement List for the Action Plan and Action Plan Strategy; Development of educational and enforcement programs; Proposed text for a General Plan update; and Final Vision Zero Action Plan. 329 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 18 ON-CALL TRAFFIC ENGINEERING SERVICES, PALO ALTO Reference: Rafael Rius, City of Palo Alto, (650) 329-2305, rafael.rius@cityofpaloalto.org | Dates: 2013-Ongoing TJKM was selected to provide on-call services to Palo Alto for several key projects in the City including: • SRTS Design and Construction Inspection Project - TJKM engineers conducted fieldwork and designed the PS&E for four elementary schools. In addition, TJKM engineers provided construction support for this major SRTS project. • Embarcadero Road Redesign to Palo Alto High School - Currently this stretch of the roadway is typically very congested due to the limited spacing available on Embarcadero Road between El Camino Real and the underpass to the east. The limited area needs to serve two major generators – Town and Country Shopping Center and Palo Alto High School. TJKM conducted traffic simulation for several alternatives and assisted the City in selecting a few Plan Line alternatives. • Review of Alma Street Train Preemption Signal Phasing Alternative - TJKM reviewed existing train preemption and recommended an improved signal-phasing plan. • Residential Permit Parking Inventory - TJKM conducted citywide parking inventory for the residential permit- parking program. • Alma Street/Loma Verde Signal Warrant Analysis - TJKM conducted a signal warrant analysis based on CA MUTCD guidelines. • Providing On-Call Traffic Engineering Support – For two days per week, TJKM is providing on-site assistance with the citizen requests related to transportation planning, traffic engineering and traffic operations, parking restriction, reviewing proposed traffic calming devices, pedestrian crossing signals, stop sign installations. TJKM regularly attends and presents to the City of Palo Alto Planning Commission and Council meetings, and has had extensive involvement with neighborhood and community groups in various type of projects including Traffic Impact Studies, Multimodal and Complete Street Projects. 330 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 19 ON-CALL TRANSPORTATION ENGINEERING, TRANSPORTATION PLANNING & TRANSPORTATION OPERATIONS SERVICES, OAKLEY Reference: Kevin Rohani, City of Oakley, (925) 625-7003, rohani@ci.oakley.ca.us | Dates: 2016-Ongoing TJKM is currently under contract with the City of Oakley for Transportation Engineering, Planning and Operations Services. Below are some of the projects that are currently active or were completed in the past. • Citywide Traffic Model – TJKM developed the Citywide Traffic Model which was based on the data collected extensively throughout the City. The model was developed to incorporate the land uses and evaluate operational conditions at total of 37 study intersections (26 signalized intersections and 11 unsignalized intersections). The model was calibrated and validated to replicate existing conditions. The model was delivered to the City in 2016 and since then TJKM has been updating it every two years. The model is being used for forecasting future traffic, evaluating the LOS, identifying improvements to enhance operations and safety at the study intersections and calculating VMT. The model developed not only provides a comprehensive analysis of the all-critical transportation facilities specifically within the City of Oakley, but it also addresses the external linkages to important local, regional, and interregional transportation facilities. • Transportation Impact Fee (TIF) Update – TJKM provided technical analysis for updating TIF program for the City. TIFs are one-time fees typically paid prior to the issuance of a building permit and imposed on development projects by local agencies responsible for regulating land use. • Traffic Signal Modifications – TJKM prepared traffic signal modification PS&E for improvements along multiple intersections in the City. These modifications included video detection and internally illuminated sign installations, pole relocations, signal phasing upgrades, lane geometry changes, and verification of truck turning radii. • Peer Review – TJKM reviewed the Laurel and Rose Signal Warrants, Freedom High School traffic safety study, and Laurel Road and Empire Avenue Commercial Project traffic impact study. • Circulation and Safety Analysis for Freedom High School – TJKM evaluated existing conditions, identified deficiencies and provided recommendations to enhance operations and safety for vehicular, pedestrian, bicycle and transit. • Update Signal Timings – TJKM updated existing signal timing sheets based on the existing traffic demands and consistency with CA MUTCD for several key intersections in the City. • Providing On-Call Traffic Engineering Support –TJKM provides technical assistance related to transportation planning, traffic engineering and operations, parking restriction, reviewing proposed traffic calming devices, pedestrian crossing signals, stop sign installations and signal timings per the City’s request. • Traffic Signal Timing Optimization – TJKM has developed peak period coordination plans and updated traffic signal timing parameters in accordance with the CA MUTCD for the Main Street and Empire Avenue corridors in the City of Oakley. The timing Plans were implemented and fine-tuned with the assistance of City Staff. • Bike Wayfinding, Channing, and Francis - TJKM assisted the City in preparation of PS&E for signing and striping improvements, two RRFB enhanced trail crossings, and the installation of seven bicycle wayfinding signs for the Marsh Creek Trail and Delta De Anza Trail in the City of Oakley. TJKM designed the signs with graphics provided by the City and determined advisory route destination information to include in the signage. 331 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 20 LOCAL ROAD SAFETY PLAN, PICO RIVERA Reference: Kenner Guerrero, City of Pico Rivera, (562) 801-4351, kguerrero@pico-rivera.org | Dates: 2022-2023 The Local Road Safety Plan was a comprehensive plan that created a framework to systematically identify and analyze traffic safety related issues and recommend projects/countermeasures. It aims to reduce killed/severe injury collisions through a prioritized list of improvements that can enhance safety on roadways. This document summarizes an analysis of collisions that occurred in Pico Rivera, identifies high-injury locations, and recommends countermeasures at each of these high-risk locations. A set of six safety projects were created for the high-risk intersections and roadway segments. Federal grant funding ($5 million) was awarded to two of these projects (#4 and #6) through the HSIP program in March 2023. • #1 - Signalized Intersections: Install striping through intersection and install raised median on approaches • #2 - Unsignalized Intersections: Install signals, install pedestrian signal (including pedestrian hybrid beacon), install RRFB • #3 - Citywide Signal Timing: Improve signal timing (coordination, phases, red, yellow, or operation) and install emergency vehicle pre-emption systems • #4 - HSIP Application, Citywide Signal Upgrade: Improve signal hardware; lenses, back-plates with retroreflective borders, mounting, size, and number; install pedestrian countdown signal heads and advance stop bar before crosswalk • #5 - Roadway Segments: Install dynamic/variable speed warning signs, delineators, reflectors, and/or object markers • #6 - HSIP Application, Citywide Sign Upgrade: Install/upgrade signs with new fluorescent sheeting (regulatory/warning) Letter of Recommendation 332 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 21 CITYWIDE NEIGHBORHOOD TRAFFIC CALMING PROGRAM, CONCORD Reference: Abhishek Parikh, City of Concord, (925) 671-3129, abhishek.parikh@cityofconcord.org | Dates: 2022-2023 TJKM was tasked with developing the foundations of the City’s future traffic calming program. The Neighborhood Traffic Calming Program is intended to address community concerns regarding speeding, congestion, cut-through traffic, and overall roadway safety by enacting a set of policies, guidelines, and procedures to connect residents with decision-makers and establish a transparent and systematic process that is cost-effective, data-driven, equitable, and repeatable. The program will help establish a mechanism for residents to inform City staff of concerns on City-operated streets, provide decision makers a toolkit of nearly 30 traffic calming countermeasures to be used based on context and community preference, and a process to prioritize projects proportional to current funding opportunities. The traffic calming measures and implementation procedure were developed based on a three-tiered approach and by utilizing the nationally-recognized “E’s of Traffic Safety” approach to ensure that concerns are resolved with approached solutions. The program also emphasizes the need for continued monitoring efforts, which will be accomplished through the City’s traffic monitoring program which is currently in development. ON-CALL CONSULTANTS FOR TRAFFIC ENGINEERING, THOUSAND OAKS Reference: Mark Bueno, City of Thousand Oaks, (805) 449-2416, mbueno@toaks.org | Dates: 2023-Ongoing TJKM was awarded the On-Call Professional Consulting Services in 2023. Depending on the City’s needs we will provide services for traffic engineering, traffic operations, and transportation planning. From this contract, TJKM received a work order for Vehicle Miles Traveled Analysis for 3610 Thousand Oaks Boulevard. TJKM conducted the vehicle miles traveled analysis, as well as identified the Transportation Analysis Zone and conducted two model runs. A Technical Memorandum was developed and submitted to the City. 333 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 22 ON-CALL TRAFFIC ENGINEERING SERVICES, SAN BRUNO Reference: Hae Won Ritchie, P.E., City of San Bruno, (650) 616-7067, hritchie@sanbruno.ca.gov | Dates: 2015-Ongoing TJKM currently serves as the only On-Call Traffic Engineering consultant to the City. As a part of the contact, TJKM has completed several traffic engineering related assignments. Some of the projects completed under this contract are: • Grundy Lane between Cherry Avenue and Elm Avenue Engineering and Traffic Surveys • Susan Drive Site Distance Evaluation • San Mateo Avenue Pedestrian Safety Enhancements • San Bruno Avenue and Second Avenue Intersection Safety Analysis • Safety, Stop Warrants and Traffic Calming projects: o Cherry Avenue and Bayhill Shopping Center Driveway Pedestrian Safety Enhancements o Earl Avenue and Glenview Drive Stop Warrant Analysis o Glenview Drive Traffic Calming o Fleetwood Drive and St Cloud Drive Stop Warrant Analysis o Fleetwood Drive Traffic Calming A majority of these task orders were completed within four to eight weeks of TJKM receiving the Notice to Proceed after a providing a detailed scope and budget. After completing a thorough field investigation and collecting necessary data, TJKM engineers analyzed the issues and made necessary recommendations to resolve issues and improved safety. In addition, in 2016 TJKM was retained under a separate contract to assist with developing San Bruno’s first Transportation Impact Fee. Development of the Transportation Impact Fee provides the City with an opportunity to refine its funding strategy for multimodal improvements identified in the General Plan, Walk ‘n Bike Plan, and Downtown and Transit Corridors Plan. TJKM currently provides Traffic Engineer staff augmentation for the City of San Bruno. 334 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 23 ACTIVE TRANSPORTATION PLAN, EXETER Reference: Eddie Wendt, City of Exeter, (559) 804-9988, ewendt@exetercityhall.com | Dates: 2023-2024 TJKM developed an Active Transportation Plan for the City of Exeter. Using the existing Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan, TJKM tasks included: existing conditions review, identifying and updating pedestrian and bicycle projects and costs, Safe Routes to Schools projects, other non- motorized transportation modes, gathering and reviewing public input, and developing a draft and final report. As part of the project scope, TJKM also prepared a Caltrans ATP Cycle 7 project application that was submitted in June 2024 for consideration. The final report was reviewed by the Council on August 27th, 2024 and will be adopted by Exeter City Council in September 2024. 335 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 24 BICYCLE FACILITIES ON-CALL ENGINEERING SERVICES, FRESNO Reference: Jill Gormley, City of Fresno, (559) 621-8792, Jill.gormley@fresno.gov | Dates: 2019-Ongoing TJKM was selected by City of Fresno to be part of their On-Call bench for Bike Lane improvements. The work may involve operational analysis for converting existing roadway via road diet to implement Class II bike lanes. Work may also include design of bike lanes using scaled aerials to add bike lanes on existing roadways with no widening. • Operational Analysis for Road Diet along Palm Avenue between Belmont to Shields Avenue - TJKM was assigned task order to review the operational impacts of a Road Diet on Palm Avenue. The analysis included converting an existing four-lane roadway to two-lanes with a two-way turn lane and Class II bike facility. TJKM collected typical turning movement counts for the a.m. and p.m. peak hours, performed operational analysis for before and after conditions. The analysis was conducted using Synchro and a technical memorandum was prepared for the City to review the analysis findings. • Conceptual Plans Class IV Bike Lanes, California Avenue - TJKM prepared plans for Road Diet on California Avenue from Fruit Avenue to Tulpman Street. The new roadway layout is one-lane in either direction with center turn lane and Class IV bike facilities. The plans identified complete streets improvements included gap closures for sidewalk, curb and gutter, schematically showing the existing street lights and proposed street lights to close the gap in lighting infrastructure. The plans also identified one location for future HAWK signal and squaring out the intersection of M.L.K Boulevard to remove the two pork chops on the north side of intersection. • Conceptual Plans Class IV Bike Lanes, Barstow Avenue - TJKM prepared plans for Road Diet on Barstow Avenue from Blackstone Avenue to Cedar Avenue. The new roadway layout is one-lane in either direction with center turn lane and Class IV bike facilities. Majority of the corridor has built out side-walk and adequate lighting so no improvements to that infrastructure are required. The City will use the conceptual drawing to acquire grant funding so improvements can be designed and built. 336 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 25 ON-CALL TRAFFIC ENGINEERING & DESIGN SERVICES, LOS GATOS Reference: Mike Vroman, Town of Los Gatos, (408) 399-5777, mvroman@losgatosca.gov | Dates: 2003-Ongoing TJKM has provided general traffic engineering services for the Town of Los Gatos for over a decade. TJKM has conducted numerous traffic impact studies for a variety of land uses, including: • Traffic Impact Study for Proposed CVS Pharmacy and Commercial Development - The proposed project would demolish the existing buildings and develop a 14,576 square foot CVS Pharmacy, a 4,000 square foot walk-in-bank, and an 8,000 square foot medical office building. In addition to analyzing anticipated impacts on intersection level of service from the proposed development, TJKM evaluated pedestrian, bicycle, and transit accessibility to the site; analyzed recent collision history in the project vicinity; analyzed traffic impacts on nearby freeway segments in accordance with VTA freeway operational analysis procedures; and analyzed project impacts on vehicle queuing at the study intersections. TJKM identified mitigation measures that • Hillbrook School Expansion Traffic Impact Study - Located in a residential area, Hillbrook School is a K-8 private school, and the proposed expansion would increase the student population. TJKM analyzed traffic impacts at seven study intersections under several project scenarios. In addition to level of service analysis, TJKM performed Engineering and Traffic Surveys to determine appropriate speed limits; conducted license plate surveys to determine travel routes for the am and the school pm peak periods; reviewed collision data to recommend any safety improvements needed; and performed on-site circulation and queuing analysis to recommend any necessary mitigation measures. Recommendations included advising the School to prepare and implement a more aggressive Traffic Demand Management plan to improve their current procedures. • Traffic Impact Study for the Proposed Medical Office Development at 14251 Winchester Boulevard - The project included the demolition of the existing building and development of a 13,887 square foot medical office building. The development was analyzed under five project scenarios encompassing existing and cumulative traffic conditions, and was entered into the Town’s TRAFFIX model as a new zone. In addition to analyzing anticipated traffic impacts from the proposed development, TJKM evaluated pedestrian, bicycle, and transit accessibility to the site; analyzed recent collision history in the project vicinity; and analyzed project impacts on vehicle queuing at the study intersections. The proposed development was found to have no significant traffic impacts and had acceptable queuing conditions and collision histories. In addition to the three noted above we have also provided Traffic Impact Studies for the following: • 15400 Los Gatos Boulevard Medical Office Building • 15720 – 15736 Winchester Boulevard General Office Building • Single-Family Residential Development at 371 Los Gatos Boulevard • 14777 Los Gatos Boulevard Mixed-Use Development • 475-485 Alberto Way Office Development • Highlands of Los Gatos Subdivision • San Jose Water Company Reservoir Road Construction • 17435 and 17443 Farley Road Mixed-Use Development • 15047 Los Gatos Boulevard Medical Office Building • 404 University Avenue Mixed-Use Development • Safeway Grocery Store Expansion TJKM regularly attends and presents to the Los Gatos Planning Commission and Council meetings, and has had extensive involvement with neighborhood and community groups. 337 FIRM STAFFING & KEY PERSONNEL City of Palm Desert Proposal forOn-Call Traffic Consulting & Design Services 338 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 26 FIRM STAFFING AND KEY PERSONNEL Staffing TJKM Team proposed for this project is available and fully committed to deliver this project on schedule to City of Palm Desert’s satisfaction. Our proposed team for this project is a redundant team and if needed, TJKM is committed to draw more resources if needed. We have several systems in place to meet our clients’ needs and make sure work is performed in a timely manner. TJKM managers meet every Friday morning to discuss the company workload and schedule time for all staff. This meeting allows for managers to discuss current deadlines and adjust staff hours as needed to make sure that projects are delivered on schedule. Name Discipline/Expertise Job Title Key Staff Nayan Amin Transportation Planning Transportation Management Plans Freeway & Arterial Management Studies Traffic Operations Transit Priority Traffic Impact Studies Multimodal Studies President/Principal Ruta Jariwala Project Management Traffic Operations Traffic Planning Signal Coordination Traffic Impact Studies Freeway Operations Vice President/Principal Carlo Sendaydiego Traffic Operations Traffic Handling Traffic Signal Design/Timing Traffic Operations Center (TOC) Traffic Calming Pavement Delineation Signage Plans On-Call Services Senior Project Manager Mark Doty Stakeholder Engagement Government & Community Relations Urban & Community Design, & Long Range Planning Parking Management Studies Economic Development Historic Research & Writing On-Call Services Senior Transportation Planner Rutvij Patel Traffic Signal Design Traffic Operations Traffic Handling Pavement Delineation Signage Plans Complete Streets Bicycle & Pedestrian Implementation Safe Routes to School Intelligent Transportation Design ITS Planning Senior Project Manager Praveena Samaleti Transportation Planning Signal Coordination Corridor Studies/Complete Streets Traffic Studies & Impact Fee Programs Congestion Management Programs Traffic Operations Multimodal Transportation Analysis Intelligent Transportation Systems Vehicle Mile Traveled Analysis Senior Project Manager Andrew Dickinson Traffic Signal Design Signage Plans Traffic Handling Pavement Delineation Project Manager Aayush Kalantri Traffic Operations Traffic Impact Studies Data Collection Assistant Transportation Engineer Technical Staff Aldo Fritz Planning & Design Public Policy Land Use Planning & Zoning Neighborhood Revitalization Urban Development Director of Business Development-Texas & Florida 339 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 27 Name Discipline/Expertise Job Title Transit Oriented Development Downtown Development Community Outreach Erik Bjorklund Street & Highway Lighting Traffic Signal Design & Modification Signing & Striping Design Signal Timing Arterial/Interchange Design AutoCAD Traffic Handling Plans Interconnect Senior Project Manager Sandeep Paparaju Transportation Planning Construction Management Corridor Studies Complete Streets Traffic Signal Systems Traffic Operations Senior Project Manager Manuel Montero Traffic Signal Design Signage Plans Traffic Handling Pavement Delineation Project Manager Pranav Happa Traffic Capacity Analysis Transportation Planning Urban Street Traffic Safety Design Accident & Crash Analysis Corridor Operation Studies Rail Grade Crossing Traffic Impact Studies Traffic Signal Optimization Travel Demand Modeling Project Manager Utsav Domadia Traffic Impact Studies Parking Studies Traffic Operations Geographic Information Systems Transportation Engineer Girish Basavaraj Traffic Operations Traffic Impact Studies Corridor Studies Traffic Signal Coordination Transportation Engineer Jairam Ramakrishnam Traffic Operations Traffic Handling Pavement Delineation Signage Plans Transportation Engineer Himangi Mutha Transportation Planning Urban Design Architectural Design Transportation Planner Devyani Padubidri Transportation Planning Community Outreach Safety Projects Travel Demand Management GIS Assistant Transportation Planner 340 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 28 Key Personnel Roles and Responsibilities Each proposed TJKM Team member is highly qualified to successfully complete all tasks required by the City for this contract. All key staff members are listed below, with details of their roles and responsibilities. Resumes of our key staff are uploaded as a separate document. Key Staff & Role Nayan Amin Mr. Amin is the proposed Project Manager. He will be responsible for project oversight, including schedule and budget control. He will be available to the City as needed for the duration of the project, and will not be substituted. Ruta Jariwala Ms. Jariwala will serve as the Principal-In-Charge and oversee this contract. Carlo Sendaydiego Mr. Sendaydiego will serve as Quality Control/Quality Assurance Manager for this project. All documents will be reviewed by him before being submitted to the City. Mark Doty Mr. Doty will be the Task Lead for Transportation Planning, Parking Studies and Management, Public Engagement and Outreach, and Multimodal/Complete Streets/Bike and Pedestrian Studies. He will be responsible for overseeing all the staff that will provide work for these tasks. He will coordinate with all the support staff to ensure all work needed is completed in a timely manner. Under his direction, the team will stay on schedule to deliver needed items for the project. Rutvij Patel Mr. Patel will lead the Traffic Calming and Safety Improvements and ITS tasks. He will be responsible for overseeing all the staff that will provide work for these tasks. He will coordinate with all the support staff to ensure all work needed is completed in a timely manner. Under his direction, the team will stay on schedule to deliver needed items for the project. Praveena Samaleti Ms. Samaleti will be the Task Lead for Traffic Engineering and Analysis and Environmental and Regulatory Compliance. She will be responsible for overseeing all the staff that will provide work for these tasks. She will coordinate with all the support staff to ensure all work needed is completed in a timely manner. Under her direction, the team will stay on schedule to deliver needed items for the project. Andrew Dickinson Mr. Dickinson will lead the Traffic Signal Design and Implementation task. He will be responsible for overseeing all the staff that will provide work for these tasks. He will coordinate with all the support staff to ensure all work needed is completed in a timely manner. Under his direction, the team will stay on schedule to deliver needed items for the project. Aayush Kalantri Mr. Kalantri will lead the Data Collection task. He will be responsible for overseeing all the staff that will provide work for these tasks. He will coordinate with all the support staff to ensure all work needed is completed in a timely manner. Under his direction, the team will stay on schedule to deliver needed items for the project. 341 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 29 Team Organization Our Team Organization Chart illustrates our proven “chain of command” for performance on similar projects. Work performed will be conducted under the direct supervision/direction of the Project Manager, Mr. Nayan Amin, TE. Mr. Amin will be responsible for overall coordination on this contract, maintaining the effectiveness and efficiency of the work, schedule, and ensuring the work products are to the satisfaction of the City and stakeholders. We anticipate working closely with the City staff to ensure understanding of project objectives from start to project completion. Mr. Amin will be responsible for day-to-day coordination and activities. Our team will be available to the City and stakeholders at a short notice. The team members shown on the Organization Chart have worked together on many similar projects. Subcontractors TJKM does not anticipate the use of subconsultants. However, if additional expertise is needed for a specific assignment, we will draw upon our trusted relationships with firms specializing in required areas. We will consult with the City and obtain approval prior to any use of subconsultant services. 342 PROPOSED METHOD TO ACCOMPLISH THE WORK City of Palm Desert Proposal forOn-Call Traffic Consulting & Design Services 343 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 30 PROPOSED METHOD TO ACCOMPLISH THE WORK Technical Approach Our general approach for any task order, assigned to TJKM Team as part of the On-Call Contract is summarized below. Successful completion of task orders requires three elements that our team provides special emphasis on: • Proactive project management in close coordination with the client's staff; • Thorough understanding of regulatory requirements, coupled with informal agency consultation early in the project to ascertain specific permitting permutations, and agency attitudes; and • Careful and continuous assessment of the schedule so that tasks in the critical path are completed at the appropriate point in the project. Our experience indicates that projects are most successful when clients and regulatory agencies coordinate closely when preparing a project description and while establishing the appropriate scope for and timing of technical studies. Our role as the City of Palm Desert Technical On-Call Traffic Engineering Consultant will be to focus on providing support and coordination to successfully fulfill technical studies, including sound scope development and schedule requirements. This approach relies upon strong leadership by Mr. Amin and the Task Leads, who are thoroughly familiar with regulations pertinent to each discipline, with the understanding that permitting requirements often drive the project schedule. Understanding the project’s critical path enables her to focus technical efforts, thereby maintaining cost efficiency and overall schedule. The TJKM approach to successful completion of each task relies on a careful assessment of the likely technical and regulatory requirements of the project, and formulation of the appropriate team for the task. The size and structure of the task is tailored to meet the project schedule, and is designed to be of sufficient depth to provide flexibility with the flow of project demands. For each task order, Mr. Amin will consult with the City Project Manager to develop an appropriate scope and staffing matrix for each task. At that point, a detailed work plan will be established in consultation with the City, and the schedule adjusted as necessary to meet the needs of the task through intensification of efforts in specific areas. As an on-call traffic consultant, our role for this contract is to assist the City in delivering top quality projects. To accomplish this objective, the TJKM Team assigned to a specific task or technical study will work closely with Mr. Amin and, as needed, the City of Palm Desert Project Manager as well as planning and engineering staff, to identify important issues and develop an effective approach for addressing those issues. Close teamwork between City staff and our technical team will enable issues of public and agency concern to be evaluated to an appropriate level of detail. For each assignment, our general approach is as follows: Initiation of Work Assignments – The City of Palm Desert’s Project Manager will notify Mr. Amin of a proposed or possible task assignment. Based on the type of work involved, she will identify one or more choices of team for the assignment, and provide these recommendations to the City. Mr. Amin will be available to meet with the City of Palm Desert‘s Project Manager, to discuss the team for the assignment and make necessary changes based on the input received. Preparation of Work Plans and Initiation of Task Orders – The City’s task order will provide the proposed study objectives and expectations, including any specialized needs and schedule requirements. TJKM will work with the City of Palm Desert’s Project Manager to confirm the requirements, and refine or clarify assumptions or expectations, including needed information from the City. TJKM will coordinate with the City to achieve approval of the task order, and no work will proceed until the task order is signed and a notice to proceed is issued. As appropriate, a work plan will be developed at the initiation of the task order, or the task order itself will function as the work plan. A project schedule will be developed that identifies key milestones, including delivery dates and incorporation of City review times, and if applicable other regulatory agency review periods. 344 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 31 Monitoring Progress of Assignment – Objective-based performance monitoring is a highly visible activity on our projects. The budget and schedule for tasks identified in the Work Plan for each task order will be entered into our in- house, accounting system that allows both Mr. Amin and the Task Leads to monitor budget and schedule performance. Coordination may include scheduled technical briefings with City staff. Progress reports for each assignment under this contract will be prepared monthly. Deliverables – As assigned deliverables are prepared, they will receive an independent, documented technical and peer review by qualified in-house staff. Following the peer review, documents will be provided to the City for review. The City of Palm Desert’s comments will be addressed and incorporated into the draft deliverable(s). TJKM uses comment matrices to list each comment and how and where it was addressed. These comment matrices provide an additional documentation of the QA/QC process. As appropriate, documents will be provided in paper and electronic formats in accordance with the contract/task order. Outlined below are typical processes we will follow for each of our project areas. • Traffic Engineering - The TJKM Team has all the requisite technical experience that is required to complete any project successfully. Our team members have extensive knowledge and experience of traffic signal coordination, implementation and fine-tuning, traffic studies, intersection levels of service, freeway, and arterial operational studies, development of concepts, PS&E for signals and as-built plans, neighborhood and circulation plan studies, data collection, traffic handling plans, pedestrian and bicycle studies, traffic safety analysis, operational analysis, and signing and striping. Our approach is conduct inventory of existing conditions, develop base maps and prepare PS&E for improvements for all modes of transportation. • Traffic Signal Timing and Review – TJKM is one of the firms selected by MTC to provide professional services under the PASS project. We have completed signal retiming for over 1,000 signalized intersections annually for the past several years. Our approach on signal timing projects is to collect existing data, develop a model for existing conditions, evaluate signal timing parameters, optimize signal timings, and implement and fine-tune optimized timing plans. • Transportation Planning – TJKM has two major advantages in this area. First, we have an extensive background in on-call transportation work with dozens of public agencies that has provided our team with extensive experience on various types of transportation projects. We have successfully completed traffic analyses for dozens of Specific and General Plans, so we thoroughly understand these processes. Secondly, most of the key staff members on TJKM’s proposed City of Palm Desert team have experience within municipal government. This invaluable background allows us the approach projects from a practical, not theoretical, basis. Our approach includes but is not limited to: collecting existing data, validating future conditions, conducting analyses, developing the infrastructure needs, and providing recommendations. • Multimodal Planning and Design – TJKM has incorporated bicycle and pedestrian planning and design in many of its projects. TJKM has prepared trail designs, and trail/roadway intersection designs, along with elaborate Class II bicycle facilities along major streets and at intersections. Based on the individual project, TJKM frequently inventories existing bicycle and pedestrian volumes as a part of multimodal planning studies and design projects, analyzes impacts, develops recommendations and alternatives, conducts outreach, and prepares deliverables. • Traffic Signal Design – TJKM has prepared more traffic signal designs than any firm in Northern California because of our large staff devoted to this practice and having prepared signal designs during our entire 50-year history. On our signal design projects, we inventory existing conditions, develop base maps and prepare PS&E for traffic signals at 35%, 60%, 90%, and Final. • Traffic Calming – TJKM has successfully delivered numerous projects on traffic calming. Our approach to traffic calming projects is to conduct collision analysis, public outreach and identify improvements that enhances safety and operations for all modes within the local jurisdictions. In a potential City of Palm Desert scenario, TJKM might investigate the need for neighborhood traffic calming and recommend a plan for community discussion and potential adoption. 345 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 32 • Traffic Safety Improvements - The Safety Study will be tailored to the local protocols, needs, issues and will fully comply with Federal and State guidelines and directives. With our extensive experience in successfully delivering safety programs, the TJKM Team has identified the following key highlights: o Determining the Vision and Goals – Thorough document review and stakeholder discussions to finalize LRSP vision statement and goals. o Analyzing Collision Trend – Conducting comprehensive and systemic collision analysis, which further helps develop lists of risk factors, identify high-injury locations, and define Emphasis Areas. o Identifying Countermeasures and Non-Engineering Strategies – Identifying appropriate countermeasures that are consistent with local and regional planning directions, design guidelines, and are fund-eligible; identifying non-engineering strategies that can be used to engage local communities. Countermeasures and non- engineering strategies will be context sensitive to the environment in which they are recommended. o Engaging and Integrating Stakeholder Input – The process to foster communication with stakeholders and general public, gathering valuable input/concerns related to road safety; and incorporating concerns into the 5E’s strategies to address such concerns. o Prioritizing Actions and Identifying Funding Strategies – Develop a detailed implementation matrix containing timeline, responsible agencies, required cost, and potential funding opportunities. • Safe Routes to School (SRTS) – TJKM has evaluated bicyclist and pedestrian safety and designed improvements as part of numerous SRTS projects, and our staff is highly cognizant of the dynamics of school route safety through our experience as City Traffic Engineers. We understand the characteristics of school-age children, as well as the often limited resources available to implement improvement measures. We strive to balance competing priorities and recommend safety measures that can be implemented in both the short and long term. We work with all project stakeholders to build consensus on improving safety for all students traveling to and from schools. Our typical approach on SRTS projects includes meeting with school stakeholders, collecting background data, field inventory of existing infrastructure, conducting walking/bicycling audits, and identifying operational and physical improvement measures. • Parking Studies – A key ingredient to a successful development is the availability and convenience of parking. Most developments require adequate parking facilities that will provide sufficient capacity and maximize land use. TJKM has provided parking solutions in over 500 studies. Parking studies generally evaluate increased demands for existing projects or a new development’s potential for parking generation and then recommend solutions for parking requirements. TJKM has completed parking studies for office buildings, shopping centers, residential developments, hospitals and medical facilities, BART and other transit stations, civic centers, major universities, and other institutional uses. We have also conducted numerous downtown area parking and circulation analyses. For these often high-profile community projects, TJKM partners with city staff, community/neighborhood groups, and other stakeholders to determine the exact issues and develop implementable solutions. TJKM often works with other consultants such as architects, civil engineers, and financial planning firms to evaluate the feasibility and cost of making improvements to existing parking structures, such as electronic guidance systems. • Intelligent Transportation Systems (ITS) – TJKM is experienced in developing concept of operations, systems engineering management plan, and PS&E for ITS systems. Our approach is to understand the client’s needs, identify improvements that can achieve goals of our clients, and develop PS&E for the improvements. • Public Hearings, Meetings, and Workshops – TJKM has a combined total experience in this area of about 70 years, including involvement in many meetings and hearings involving substantial areas of conflict among the participants. We are very comfortable in this setting. In most cases, the Project Manager will attend public hearings as requested by the City. 346 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 33 • Project Management and Coordination – TJKM provides project management and coordination on all of our project, small or large. We will provide project management services, including scheduling, budgeting, and resource allocation. Coordination with city staff, other consultants, and stakeholders to ensure the success of the project. TJKM will prepare regular project status reports and updates for City staff. We will also ensure compliance with local, state, and federal regulations and standards. • Traffic Impact Studies for Environmental Documents – TJKM will adhere to the requirements of City of Palm Desert for conducting traffic impact studies within the City. This will enable TJKM to prepare studies that use a standard and accepted methodology and satisfy all of the City’s criteria. The referenced document is quite specific and dictates what needs to be addressed, along with applicable standards, in a traffic impact study. TJKM will first participate in a meeting with the City to obtain the details of the project being proposed and to work through the specific requirements of the particular traffic study. • Timely and Accurate Data Collection - We will be able to quickly mobilize and provide timely and accurate data collection for your projects, utilizing many data collection firms within the Bay Area Region. In addition, we own travel time data collection equipment that includes not only GPS data but also videotaping capabilities, as well as can establish Origin-Destination using the StreetLight Data. We can also send one of our experienced engineers to the field on one data collection day for both “Before” and “After” conditions, collecting data and observing traffic conditions during peak periods. • Grant Applications – TJKM is very knowledgeable regarding the many sources of grant funding available to cities through MTC, Caltrans, VTA (Congestion Management Agency), and other sources, and what’s needed to prepare successful grant applications. After meeting with City staff to gain a thorough understanding of each project for which grant funds are desired, TJKM would conduct field investigations, develop design concepts, and prepare drawings and cost estimates for the proposed improvements as needed to support the grant applications. If required for a particular grant application, such as for TDA Article 3 funds, TJKM would prepare detailed plans (e.g. signing and pavement delineation plans to add bicycle lanes) as appropriate to successfully qualify the project as “construction-ready.” TJKM would be available to complete all of the work on grant applications to meet any tight deadlines set by the funding agency. If the selection process includes oral presentations, TJKM’s Project Manager would present the City’s proposed projects to the selection panel. Using this approach, TJKM has successfully obtained grant funding for multiple projects on behalf of our municipal clients. • Traffic Operations – With our background as City Traffic Engineers, traffic operations is an area with which we are very comfortable. Again, the starting point is gathering traffic data including counts, delay, collision reports, travel time, etc. Our work could include evaluating LOS at intersections and along roadway sections, preparing detailed traffic simulation analyses of intersections, roundabouts and freeway interchanges, evaluating the need for upgrading geometric design, and examining the need for revised roadway signing, striping and markings. 347 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 34 Management Approach The TJKM Project Management Plan that will be used on these projects is based on proven management, lessons learned and administrative systems developed to enhance communication among the City of Palm Desert, the TJKM Project Manager and team members, and other affected agencies. This management approach has been used successfully on numerous projects throughout California. The TJKM Project Management Plan has the following elements: WORK PLAN It is a TJKM policy to prepare a Work Plan for all projects, large and small. Upon receipt of a Notice-to-Proceed, we will prepare, in consultation with the City and other local jurisdictions, an overall project work plan that includes detailed work elements for each team specialty. A TJKM work plan typically includes: definition of the project purpose; task objectives; scope of services; staffing; coordination requirements; deliverables; budget; schedule; and monitoring and reporting procedures. COORDINATION AND COMMUNICATION Frequent and effective communication between the City, other local jurisdictions, and the TJKM Team is needed to maintain the project schedule and ensure a quality product. The key to our success is an integrated team approach. Our goal is "no surprises" and a partnership that has common understanding and expectations every step of the way. Mr. Amin will maintain close communication with the City’s Project Manager by personal contact, telephone, written communications, and meetings. Our Project Manager strongly believes in the necessity and benefit of scheduled monthly progress meetings. Mr. Amin, as well as other key team members, will meet with the City’s Project Manager monthly to discuss project issues, status, schedule, budget, and invoicing items. This will ensure that our "no surprises" goal is maintained and the City is thoroughly aware of all aspects of the project. The TJKM Team will maintain regular contact with City staff to ensure clear communication on project tasks, products, meetings, and schedule. Specifically, we will: • Hold scheduled conference calls to review project status and discuss key issues. During these calls we will discuss various project deliverables including workshop agendas, workshop summaries, proposed alternatives, preferred alternative, Draft Plan, and Final Plan documents. • Participate in additional calls and meet with City staff, as needed at key stages during the planning effort to review key ideas, products, deliverables, project status and overall project direction and budget. • Manage all aspects of the project to maintain project schedule and budget, maintain continuous liaison with the City and other stakeholders. • Prepare and submit monthly progress status updates to the City. The reports will include progress of work; status of public involvement; updated project schedule; information/decisions required to maintain schedule and complete deliverables; problems encountered that may affect schedule; budget or work products and anticipated work products for the following month. 348 On-Call Traffic Consulting & Design Services 2024-RFP-127 | 35 COST CONTROL Control of project costs will be accomplished by monitoring on a task level basis. This detailed task level will roll up into milestone summaries and a project summary. Our cost accounting system is a "live" database that the project manager can access to determine the financial status of the project at any time. Cost control reporting to TJKM’s Project Manager will be implemented through the invoicing process. Progress reports will also be included to relay information on project progress and critical issues. SCHEDULE CONTROL Establishing a schedule that meets the project objectives is relatively easy. Maintaining this schedule during changing project priorities, unforeseen conditions, public consensus building, etc., is a challenge. The project work scope will be broken down by function and separated into defined tasks. Tasks will be linked logically and will be sufficiently detailed to allow for realistic representation of the project. Project progress will also be monitored by percent complete for each task. QUALITY CONTROL QA/QC Procedures – TJKM’s Design Quality Assurance (QA) Procedures are utilized throughout the life of the Project. Quality Control (QC) starts at the proposal and scope definition stage and continues through the completion of all assignments. To assure that errors, omissions and ambiguities in submittals and drawings are limited to an absolute minimum, the responsibilities for technical review, peer review/coordination checking, and technical audit functions are assigned to the appropriate TJKM Team members. TJKM’s approach integrates the work of our subconsultants into the QC system through the use of established procedures and our peer review/independent checking capability augmented with technical audits. Quality Control – TJKM’s QC Program provides quality services and products that meet or exceed the expectations of our clients. QC is an integral part of TJKM’s entire professional service process, which is integrated into our work plan, and CADD design and drafting processes. The formal QC Reviews consist of "Constructability Reviews" and "Project Manager and Project Engineer Reviews". All formal QC Reviews will result in comments recorded on Comment Sheets. TJKM’s established QC Plan ensures that TJKM will receive thorough and accurate design documents and reports that are prepared in formats consistent with local agency and Caltrans guidelines. Our Project Manager has responsibility for implementation of the QC Plan. 349 CALIFORNIA | FLORIDA | TEXAS Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 | www.TJKM.com 350 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RESOLUTION TO ADOPT THE CITY OF PALM DESERT CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION 2022-97.” BACKGROUND/ANALYSIS: Under the Political Reform Act (PRA), Government Code Section 81000 et seq., all public agencies must adopt a Conflict of Interest Code (Code). This Code mandates that certain employees and public officials, who are most likely to be involved in government decision- making, file an annual Statement of Economic Interest, Form 700. The purpose of Form 700 is to notify the employee, public official, and the public of potential conflicts of interest and identify situations where disqualification from decision-making is necessary. The PRA also requires local agencies to review their Code biennially, in even-numbered years, and adopt any amendments by December 30. On June 13, 2024, the City Council adopted Resolution No. 2024-026, directing staff to review the Code. Following this directive, staff reviewed the existing Code and identified areas requiring amendments due to organizational changes. As a result, staff filed that 2024 Local Agency Biennial Notice and began drafting the necessary amendments. Terms of the Code The Fair Political Practices Commission (FPPC) advises that agencies must incorporate Section 18730 of the California Code of Regulations by reference, along with appendices that provide disclosure categories and list designated positions, to form and implement a Code. The incorporation of Regulation §18730 establishes the legal basis for the Code, giving it the force and effect of law. Disclosure Categories The FPPC has provided guidance regarding the development of disclosure categories, emphasizing the need to strike an appropriate balance between preventing potential conflicts of interest and respecting an individual’s right to privacy. The FPPC notes that one of the most common issues in local codes is requiring employees to disclose financial interests that are unrelated to their job responsibilities and area of authority. 351 City of Palm Desert 2024 Update to the Conflict of Interest Code Page 2 of 3 Designated Positions The Mayor; Members of the City Council and Planning Commission; the City Manager; the City Attorney; and the Finance Director/Treasurer are not designated positions under this Code because they are statutorily required to file a Form 700 under Government Code Section 87200. Furthermore, public officials managing investments must disclose th eir financial interests per Government Code Section 87200. After consulting with the Finance Director, it was determined that the Finance Committee does not manage the City’s investments. Therefore, it is recommended that the Finance Committee be designate d under the Code with Disclosure Categories 1 and 2. Additionally, it is recommended that the Deputy Treasurer role be deleted as the Finance Director/City Treasurer performs these duties and files under Government Code Section 87200. The FPPC states that a Code should enumerate positions that “make a government decision,” such as voting on a matter, obligating or committing the agency to any course of action, or enters into contractual agreements which may foreseeably have a material effect on any financi al interest. It further defines those employees who “participate in governmental decisions” as those who, acting within the authority of their position and without significant substantive or intervening review, negotiate, advise, or makes recommendations to the decision-maker regarding the governmental decision. The FPPC advises that local Codes are appropriate when agencies narrowly tailor the list of their designated positions. City staff has examined the organizational chart and job descriptions and recommends removing certain positions because they are subject to substantive or intervening review related to permits, contracts, and purchasing, or are clerical or ministerial positions. Any actions taken by ministerial positions are in obedience to the law, and any discretionary decisions are reviewed by or made entirely by a higher authority position or the City Council. Regardless of whether a position is designated, all employees are mandated to disqualify themselves from participation in a decision when acting within the position’s authority would result in a financial interest. Positions Recommended for Deletion In consultation with the Department Directors, the following positions are recommended for removal from the Code. These positions are either considered ministerial in nature, ensuring compliance with established laws and regulations, or are being removed due to organizational changes, such as the position being vacant with no intent to fill them currently, being reclassified, or consolidated under an umbrella position. Title Notes Assistant City Clerk Ministerial Position Assistant to the City Manager Position Deleted Associate Planner Ministerial Position Building Inspector Ministerial Position Buyer Position Deleted Code Compliance Officer Ministerial Position Human Resources Manager Reclassified to Director Facilities Manager Position Deleted 352 City of Palm Desert 2024 Update to the Conflict of Interest Code Page 3 of 3 Landscape Inspector Ministerial Position Permit Center Supervisor Position Deleted Planning Manager Position Deleted Public Works Inspector Ministerial Position Senior Financial Analyst Consolidated into “Analyst (All)” Senior Management Analyst Consolidated into “Analyst (All)” Senior Project Manager Consolidated into “Project Manager (All)” Transportation Manager Position Deleted Finance Manager Position Deleted Positions Recommended for Addition The chart below summarizes the positions recommended for addition to the Code: Title Disclosure Categories Finance Committee 1, 2 Library Advisory Committee 5 Accounting Manager 4 Analyst (All) 5 Assistant Building Official 2, 3, 5, 6 Business Operations Manager 5 Capital Projects Manager 2, 4 City Engineer 1, 2 Community Relations Supervisor 5 Communications and Marketing Coordinator 5 Economic Development Coordinator 5 Executive Coordinator 2, 5 Homeless & Supportive Services Manager 2, 5 Landscape Supervisor 2, 3, 5 Library Manager 5 Project Manager (All) 2, 5 Senior Engineer 2, 4 Legal Review: This report was reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct fiscal impact associated with the adoption of the Code. However, a significant amount of staff time is required for the collection, review, logging, retention of statements, and responding to public requests for inspection or duplication of these statements. ATTACHMENTS: 1. Draft Resolution/Conflict of Interest Code 2. Resolution No. 2022-97 (Current Code) 353 354 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. 2022-97 WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt a Conflict of Interest Code; and WHEREAS, on December 15, 2022, the City Council adopted Resolution No. 2022-97, adopting a Conflict of Interest Code for the City of Palm Desert; and WHEREAS, the Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine whether amendments are required; and WHEREAS, on June 13, 2024, the City Council adopted Resolution No. 2024-026 directing staff to review the City’s Conflict of Interest Code; and WHEREAS, a staff-level review of the City’s Disclosure Categories and the List of Designated Positions reveals that amendments are necessary; and WHEREAS, on September 12, 2024, the City Council received and filed the 2024 Local Agency Biennial Notice and directed staff to promulgate the necessary amendments to the City’s Conflict of Interest Code. NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2022-97 is hereby rescinded and replaced. SECTION 2. The City Council adopts the Conflict of Interest Code promulgated by the Fair Political Practices Commission as set forth in Section 18730 of the California Code of Regulations by reference, and which, together with the City’s Disclosure Categories and List of Designated Positions collectively constitutes the City of Palm Desert’s Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying, during regular business hours. SECTION 3. The Conflict of Interest Code shall become effective immediately upon the date of its adoption and approval. 355 Resolution No. _____ Page 2 PASSED, APPROVED AND ADOPTED BY THE PALM DESERT CITY COUNCIL THIS ____ DAY OF ________, 2024. Mayor ATTEST: Anthony J. Mejia City Clerk I, ANTHONY J. MEJIA, City Clerk of the City of Palm Desert, hereby certify that Resolution No. _______is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on __________, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, this _____ day of __________, _________. Anthony J. Mejia, MMC City Clerk 356 Resolution No. _____ Page 3 CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT, CALIFORNIA The Political Reform Act (Government Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s Code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, regulation 18730, and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Palm Desert (City). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commissio n. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) 357 Resolution No. _____ Page 4 APPENDIX [The Appendix is the attachment to the incorporation page and is separated into two parts – Part A and Part B] PART A DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. CATEGORY 1: Investments/Sources of Income All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are located in, doing business in, or own real property within the jurisdiction of the CITY. CATEGORY 2: Real Property Interests All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the CITY, including any leasehold, beneficial or ownership interest or option to acquire property. CATEGORY 3: Land Development/Construction/Acquisition All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the CITY. CATEGORY 4: Contracting/Procurement (Citywide) All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. CATEGORY 5: Contracting/Procurement (Department/Division) All investments2 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division. CATEGORY 6: Regulatory/Permits/Licensing Authority All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division. 1 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business, are planning to do business, or have done business during the previous two years in the jurisdiction of the CITY. 2. This Conflict of Interest Code does not require the reporting of gifts from outside this City’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) 358 Resolution No. _____ Page 5 PART B DESIGNATED POSITIONS The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 California Code of Regulations § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)] It has been determined that the positions listed below are the Other City Officials who manage public investments. These positions listed below are for informational purposes only. Financial Consultants DESIGNATED POSITIONS DISCLOSURE CATEGORIES Members of Boards, Commissions, & Committees Architectural Review Commission 2, 6 Building Board of Appeals 2, 6 Civic Engagement Committee 5 Cultural Arts Commission 2, 5 Cultural Resources Preservation Committee 2, 6 El Paseo Business Improvement District 5 Finance Committee 1, 2 Homelessness Taskforce 5 Housing Commission 2, 5, 6 Library Advisory Committee 5 Marketing Committee 5 Parks and Recreation Commission 2, 3, 5 Public Safety Commission 5 Rent Review Board 2, 6 Resource Preservation & Enhancement Committee 5 University Planning & Development Committee 2, 3, 5 Staff Positions/Titles Accounting Manager 4 Assistant Building Official 2, 3, 5, 6 Analyst (All) 5 Assistant City Manager 1, 2 Business Enterprise Systems Administrator 5 Business Operations Manager 5 Capital Projects Manager 2, 4 Chief Building Official 2, 3, 5, 6 City Clerk 1, 2 City Engineer 1, 2 Code Compliance Supervisor 2, 3, 5, 6 Communications and Marketing Coordinator 5 Community Relations Supervisor 5 Community Services Manager 2, 3, 5 Deputy City Attorney 1, 2 Assistant/Deputy Director (All) 1, 2 Director (All) 1, 2 359 Resolution No. _____ Page 6 Executive Coordinator 2, 5 Finance Supervisor 4 Homeless & Supportive Services Manager 2, 5 Housing Manager 2, 3, 5, 6 Information Systems Manager 5 Landscape Supervisor 2, 3, 5 Library Manager 5 Principal Planner 2, 3, 5, 6 Project Manager (All) 2, 5 Public Affairs Manager 5 Senior Building Inspector 2, 3, 5, 6 Senior Engineer 2, 4 Senior GIS Administrator 5 Senior Network Engineer 5 Senior Planner 2, 3, 5, 6 Special Events Coordinator 2, 3, 5, 6 Streets Maintenance Supervisor 2, 5 Consultants and New Positions Individuals serving as consultants as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in the making of decisions must file under the broadest category set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirement must be in a written document (see Form 804). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 360 RESOLUTION NO. 2022-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. 2020-78 WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt a Conflict of Interest Code; and WHEREAS, on November 19, 2020, the City Council adopted Resolution No. 2020-78, adopting a Conflict of Interest Code for the City of Palm Desert; and WHEREAS, the Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine whether amendments are required; and WHEREAS, on June 23, 2022, the City Council adopted Resolution No. 2022-49 directing staff to review the City’s Conflict of Interest Code; and WHEREAS, a staff-level review of the City’s Disclosure Categories and the List of Designated Positions reveals that amendments are necessary; and WHEREAS, on October 13, 2022, the City Council received and filed the 2022 Local Agency Biennial Notice and directed staff to promulgate the necessary amendments to the City’s Conflict of Interest Code. NOW , THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Resolution No. 2020-78 is hereby rescinded and replaced. SECTION 2. The City Council adopts the Conflict of Interest Code promulgated by the Fair Political Practices Commission as set forth in Section 18730 of the California Code of Regulations by reference, and which, together with the City’s Disclosure Categories and List of Designated Positions collectively constitutes the City of Palm Desert’s Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying, during regular business hours. 361 Resolution No. 2022-97 Page 2 SECTION 3. The Conflict of Interest Code shall become effective immediately upon the date of its adoption and approval. ADOPTED ON DECEMBER 15, 2022. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-97 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 December 15, 2022, by the following vote: AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on _______________________. ANTHONY J. MEJIA CITY CLERK Kathleen Kelly (Dec 22, 2022 12:10 PST) Kathleen Kelly Anthony Mejia (Dec 22, 2022 12:19 PST) Anthony Mejia (Dec 22, 2022 12:19 PST) Dec 22, 2022 362 Resolution No. 2022-97 Page 3 CONFLICT OF INTEREST CODE OF THE CITY OF PALM DESERT, CALIFORNIA The Political Reform Act (Government Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s Code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, regulation 18730, and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Palm Desert (City). The Mayor, Members of the City Council and Planning Co mmission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) 363 Resolution No. 2022-97 Page 4 APPENDIX The Appendix is the attachment to the incorporation page and is separated into two parts – Part A and Part B] PART A DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. CATEGORY 1: Investments/Sources of Income All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are located in, doing business in, or own real property within the jurisdiction of the CITY. CATEGORY 2: Real Property Interests All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the CITY, including any leasehold, beneficial or ownership interest or option to acquire property. CATEGORY 3: Land Development/Construction/Acquisition All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the CITY. CATEGORY 4: Contracting/Procurement (Citywide) All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. CATEGORY 5: Contracting/Procurement (Department/Division) All investments2 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division. CATEGORY 6: Regulatory/Permits/Licensing Authority All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division. 1 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business, are planning to do business, or have done business during the previous two years in the jurisdiction of the CITY. 2. This Conflict of Interest Code does not require the reporting of gifts fr om outside this City’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) 364 Resolution No. 2022-97 Page 5 PART B DESIGNATED POSITIONS The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 California Code of Regulations § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)] It has been determined that the positions listed below are the Other City Officials who manage public investments. These positions listed below are for informational purposes only. Finance Committee Deputy City Treasurer Financial Consultants DESIGNATED POSITIONS DISCLOSURE CATEGORIES Members of Boards, Commissions, & Committees Architectural Review Commission 2, 6 Building Board of Appeals 2, 6 Civic Engagement Committee 5 Cultural Arts Commission 2, 5 Cultural Resources Preservation Committee 2, 6 El Paseo Business Improvement District 5 Homelessness Taskforce 5 Housing Commission 2, 5, 6 Marketing Committee 5 Parks and Recreation Commission 2, 3, 5 Public Safety Commission 5 Rent Review Board 2, 6 Resource Preservation & Enhancement Committee 5 University Planning & Development Committee 2, 3, 5 Staff Positions/Titles Assistant City Clerk 5 Assistant City Manager 1, 2 Assistant Planner 2, 3, 5, 6 Assistant to the City Manager 2, 4 Associate Planner 2, 3, 5, 6 Building Inspector 2, 3, 5, 6 Business Enterprise Systems Administrator 5 Buyer 4 Chief Building Official 2, 3, 5, 6 City Clerk 1, 2 Code Compliance Officer 2, 3, 5, 6 Code Compliance Supervisor 2, 3, 5, 6 Communications Analyst 5 Community Services Manager 2, 3, 5 Deputy City Attorney 1, 2 Deputy Director (All) 2, 3, 5, 6 Director (All) 1, 2 365 Resolution No. 2022-97 Page 6 Environmental Programs Coordinator 5, 6 Facilities Manager 5 Finance Manager 5 Finance Supervisor 5 Housing Manager 2, 3, 5, 6 Human Resources Analyst 5 Human Resources Manager 5 Information Systems Manager 5 Landscape Inspector 2, 3, 5, 6 Management Analyst 5 Permit Center Supervisor 2, 3, 5, 6 Planning Manager 2, 3, 5, 6 Principal Planner 2, 3, 5, 6 Project Manager 2, 5 Public Affairs Manager 5 Public Works Inspector 2, 3, 5, 6 Senior Building Inspector 2, 3, 5, 6 Senior Contracts and Grants Analyst 4 Senior Financial Analyst 4 Senior GIS Administrator 5 Senior Management Analyst 5 Senior Network Administrator 5 Senior Planner 2, 3, 5, 6 Senior Project Manager 2, 5 Social Services Coordinator 5, 6 Special Events Coordinator 5, 6 Special Programs Manager 2, 3, 5, 6 Streets Maintenance Manager 2, 5 Transportation Manager 2, 5 Consultants and New Positions Individuals serving as consultants as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in the making of decisions must file under the broadest category set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirement must be in a written document (see Form 804). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 366 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst Chris Escobedo, Assistant City Manager SUBJECT: AWARD CONTRACTS TO MULTIPLE CONSULTANTS FOR GRANT WRITING AND ADVOCACY SERVICES RECOMMENDATION: 1. Award Contracts to The Criscom Company, Ardurra Group, Inc., and Engineering Solutions Services for the grant writing and advocacy services for a n aggregate amount between selected firms, not to exceed $200,000 per fiscal year. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements. 3. Authorize the City Manager to execute the agreements and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: The City currently has an agreement with Townsend Public Affairs (TPA) for grant writing and advocacy services that expires June 30, 2024. TPA has significantly boosted our grants portfolio from approximately $1.5 million to $13.1 million, which include Southern California Association of Governments, Regional Utilities To Support Housing for (8M), Transportation Housing and Urban Development FY25 Appropriations, Cook Street Bridge for (5M), and U.S. Department of Energy, Energy Efficiency and Conservation Block Grant Program for (118K).To further expand the City’s grant portfolio and reduce the financial impact on the General Fund, staff recommends engaging additional firms to ensure the City fully leverages available funding opportunities. On June 27, 2024, a Request for Proposals (RFP) for grant writing and advocacy services was issued via OpenGov, resulting in nine submissions. An internal selection team, comprising representatives from the Finance Department, Public Works Department, Library Department, and City Manager’s Office, reviewed the proposals and shortlisted the top three candidates for further consideration. Based on the qualificat ions, experience, and key personnel of the top firms, the selection team agreed to conduct interviews. Following the interview process, the team concluded that the City would benefit most by selecting all three consultants, as each firm brings a distinct niche or area of expertise. If approved, the contracts will be managed through a task order format. The City will request task proposals from the consultants, review the associated costs, and assign each task to the most qualified firm with expertise in that particular grant type. Al l tasks and expenses will be carefully monitored to ensure that the combined contract amounts do not exceed $200,000 per fiscal year. 367 City of Palm Desert Award Grant Writing and Advocacy Services Contracts Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: $200,000 has been budgeted in Account No. 1104159-4430900 for this purpose. There is no additional impact to the General Fund with this action. ATTACHMENTS: 1. The Criscom Company Agreement 2. The Criscom Company Proposal 3. Ardurra Group Agreement 4. Ardurra Group Proposal 5. Engineering Solutions Agreement 6. Engineering Solutions Proposal 368 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 26th 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 The Criscom Company, a Corporation, with its principal place of business at 9550 Topanga Canyon Blvd. Chatsworth, California 93212 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Grant Writing-Advocacy Services Project (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 26, 2024, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Three additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their 369 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously as set forth in each Task Order, “EXHIBIT C”. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Charles H. Jelloian, President. 3.2.5 City's Representative. The City hereby designates Joe Barron, Senior Grants and Contracts Analyst, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Charles H. Jelloian, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and 370 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the 371 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 372 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, in cluding commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (Reserved) (G) Cyber Liability Insurance. (Reserved) If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years f ollowing termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required in surance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City 373 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 374 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, 375 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services provided pursuant to each Task Order under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand and No Cents ($200,000.00) in aggregate, per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "B" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code 376 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 377 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: The Criscom Company 9550 Topanga Canyon Blvd. Chatsworth, CA 93212 ATTN: Renee Missakian, Executive Vice President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Joe Barron, Finance Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 378 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 379 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 380 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 381 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 382 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND THE CRISCOM COMPANY 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 THE CRISCOM COMPANY, A CORPORATION By: Renee Missakian Executive Vice President Chief Operations Officer City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval 383 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 384 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 385 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374915.1 Exhibit “C” Task Order Form Task Order No.____________ Agreement: ______________ Consultant: ______________ Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________ The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above. CITY OF PALM DESERT THE CRISCOM COMPANY Date: __________________ Date:_________________ By:______________________ By:___________________ 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 26th 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 Ardurra Group, Inc., a Corporation, with its principal place of business at 434410 Business Park Drive Temecula, California 92590 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Grant Writing-Advocacy Services Project (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 26, 2024, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more t han Three additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their 407 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously as set forth in each Task Order, “EXHIBIT C”. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Nicole Jules, Project Manager. 3.2.5 City's Representative. The City hereby designates Joe Barron, Senior Grants and Contracts Analyst, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Nicole Jules, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and 408 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the 409 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 410 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (Reserved) (G) Cyber Liability Insurance. (Reserved) If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years f ollowing termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all r equired insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City 411 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failur e on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 412 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, 413 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services provided pursuant to each Task Order under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand and No Cents ($200,000.00) in aggregate, per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "B" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code 414 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 415 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Ardurra Group, Inc. 43410 Business Park Drive Temecula, CA 92590 ATTN: Nichole Jules, Project Manager City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Joe Barron, Finance Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 416 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 417 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's leg al counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 418 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 419 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 420 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ARDURRA GROUP, 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 ARDURRA GROUP, A CORPORATION By: Lisa M. Penna Regional Director By: Carmen Kasner Southwest Operations Director City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval 421 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES [***INSERT SCOPE***] 422 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 423 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374915.1 Exhibit “C” Task Order Form Task Order No.____________ Agreement: ______________ Consultant: ______________ Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________ The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above. CITY OF PALM DESERT ARDURRA GROUP, INC. Date: __________________ Date:_________________ By:______________________ By:___________________ 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 26th 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 Engineering Solutions Services, Inc., an S Corporation, with its principal place of business at 23232 Peralta Drive, Suite 112, Laguna Hills, California 92653 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Grant Writing-Advocacy Services Project (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 26, 2024, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Three additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their 497 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously as set forth in each Task Order, “EXHIBIT C”. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Sudi Shoja, Principal. 3.2.5 City's Representative. The City hereby designates Joe Barron, Senior Grants and Contracts Analyst, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Sudi Shoja, Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 498 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants 499 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance 500 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (Reserved) (G) Cyber Liability Insurance. (Reserved) If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years f ollowing termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required in surance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance 501 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agent s, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims 502 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are 503 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services provided pursuant to each Task Order under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand and No Cents ($200,000.00) in the aggregate, per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "B" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the 504 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require e very employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 505 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Engineering Solutions Services, Inc. 23232 Peralta Drive Laguna Hills, CA 92653 ATTN: Sudi Shoja, Principal City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Joe Barron, Finance Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 506 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 507 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 508 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreem ent shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 509 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 510 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ENGINEERING SOLUTIONS SERVICES, 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 ENGINEERING SOLUTIONS SERVICES, AN S CORPORATION By: Sudabeh Shoja Chief Executive Officer / Secretary City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval 511 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 512 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 513 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374915.1 Exhibit “C” Task Order Form Task Order No.____________ Agreement: ______________ Consultant: ______________ Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________ The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above. CITY OF PALM DESERT ENGINEERING SOLUTIONS SERVICES, INC. Date: __________________ Date:______________________ By:______________________ By:________________________ 514 City of Palm Desert Proposal to Provide Grant Writing and Advocacy Services July 15, 2024 Submitted By: Engineering Solutions Services 23232 Peralta Drive, Suite112 Laguna Hills, CA 92653 (949) 797-6055 515 Proposal to Provide Grant Writing and Advocacy Services i Table of Contents A. Cover Letter .......................................................................................................................... 1 B. Experience and Technical Background .................................................................................... 2 Background ................................................................................................................................... 2 References ..................................................................................................................................... 4 Subcontractors ............................................................................................................................... 8 C. Firm Staffing and Key Personnel ............................................................................................ 9 D. Proposed Method to Accomplish the Work............................................................................ 33 E. Fee Schedule ....................................................................................................................... 53 516 Proposal to Provide Grant Writing and Advocacy Services 1 A. Cover Letter Joe Barron Senior Contracts and Grants Analyst 73510 Fred Waring Drive Palm Desert, CA 92260 July 15, 2024 Re: Proposal to Provide Grant Writing and Advocacy Services Dear Mr. Barron, Engineering Solutions Services (ESS) welcomes the opportunity to provide grant writing and advocacy services for the City of Palm Desert (the City). Our goal is to bring in the maximum available grant funding for the City. Having secured more than $788 million in the past twelve years for a variety of projects, we bring an unmatched level of experience to identify and assist the City with developing a strategic plan, prepare winning grant applications, and policy and stakeholder advocacy services to ensure an expedited and successful funding award. What sets ESS apart is that we are not just a funding company but former municipal managers with technical and funding expertise that have earned deep -rooted relationships with funding agencies. As such, we are aware of upcoming funding opportunities and have been achieving the highest awards for projects by preparing credible reports and strategizing timely submittal of applications on behalf of our clients. In addition, the ESS team is comprised of a diverse collection of technical experts in transportation, infrastructure development and maintenance, sustainability, parks and recreation, community planning, community and economic development, affordable housing, Federal Emergency Management Agency (FEMA), planning, habitat conservation, and other municipal project types. We are aware of the City’s primary project types identified in the City’s Adopted Capital Improvement Plan (CIP) and Request for Proposal (RFP) and, as it is demonstrated in our proposal, we have a proven track record in successful award of grants for the classifications of projects the City has listed. We will use our expertise to conduct a needs assessment and leverage our relationships with the funding agencies to identify grants, and work with City staff to secure those grants. We are also proficient in grant management and meeting compliance requirements of Federal and State funding. Effective, full -circle strategies like these are key to obtaining the most possible grant award funding for the City’s projects. We will also provide advocacy services to increase visibility to potential funders, stakeholders, and policymakers for the City’s projects. I will serve as the project manager and point of contact during proposal evaluation and during the contract period. As the Principal of ESS, I can bind ESS to this contract with the City. I can be reached at (949) 637-1405 or via email at Sudi@engineeringsolutionsservices.net. My project team and I look forward to working with you and answering any questions you may have about our proposal. We acknowledge the receipt of Addenda 1 and the Questions and Answers. Sincerely, Sudi Shoja, PE, Principal, Engineering Solutions Services, Inc. 23232 Peralta Drive, Suite 112 Laguna Hills, CA 92653 517 Proposal to Provide Grant Writing and Advocacy Services 2 B. Experience and Technical Background Background Engineering Solutions Services, Inc. (ESS) was founded by Sudi Shoja, PE, a former City Engineer who has more than 30 years of experience in managing Capital Improvement Programs and Water and Sewer programs of over $100 million. She founded ESS in 2012 with the goal of assisting local entities in achieving their goals in funding and compliance, program management, quality assurance/quality control (QA/QC), and project delivery. She leverages her successful experience in transforming the agencies where she worked from losing funding to securing maximum grant funding possible, meeting the various funding agency requirements, and serving as an example for successful audit processes. As a result, she has earned a reputation that gained ESS our impressive repeat client list in a short timeframe. ESS is comprised of former agency personnel who are thoroughly familiar with the intricate details of various funding requirements and excel at strategic planning for clients to maximize the potential for securing grants, successful management for meeting the requirements, obtaining proper authorization and reimbursements and positive audit process of the projects. ESS is certified as a Woman Business Enterprise (WBE), and Small Business Enterprise (SBE) with 12 employees at its Laguna Hills, CA office. ESS is a S-Corporation in California. What sets ESS apart is: • ESS has a proven track record in successful award of over $788 million in a variety of federal, state, local, and private funding sources. • Successful grant applications to LPP, FHWA, DOT, ATP, SB1 and other transportation funding. • Federal Highway Administration (FHWA) identified the ESS grant application as one of the best and posted the package on their website. • A proven track record in obtaining grants for park development, acquisition, and urban greening projects through the CA Department of Parks and Recreation and Caltrans. • ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources. • Established relationship with various funding agencies to gain information to assist our clients. • Successful in obtaining funding for planning and design for various projects including utilities, hazard mitigation, climate adaptation, water master plans, etc. • Successful award of Safety Action Plan for multiple clients Our Clients Served as prime or sub- consultant City of Indian Wells City of Palm Springs City of Perris City of Hemet City of Downey City of Norco Chino Basin WCD San Bernardino MWD SBCTA OCTD City of Santa Ana City of San Clemente City of Seal Beach City of Laguna Beach City of Lake Forest City of Laguna Woods City of Newport Beach City of Laguna Niguel City of Irvine City of Tustin County of Orange City of Long Beach Port of Long Beach City of Redondo Beach County of Los Angeles Long Beach Water Department Central Basin Municipal Water District Santa Clarita Valley Water Agency City of Sacramento Turlock Irrigation District Olivenhain Water District San Diego County Water Authority City of Carlsbad City of Oceanside 518 Proposal to Provide Grant Writing and Advocacy Services 3 • Award of multiple grants for each cycle from Bureau of Reclamation for a variety of water and energy efficiency projects in the past decade. • Leading Consultant for preparation of grants for FEMA/CalOES funding including sea level rise, flooding and seismic retrofit projects. We understand that the City is seeking a qualified firm to provide full grant services including an in-depth needs assessment, grant research and identification, preparation of complete and timely submissions, administration, monthly progress reporting, and advocacy. ESS is a multi- disciplinary grant funding company comprised of technical experts and former agency personnel. Our team is one of the leading consultants in preparation of successful grants for the Department of Transportation (DOT), California Department of Transportation (Caltrans), California Department of Parks and Recreation (CA DPR) and many other federal and state funding agencies. We have the unique ability to distill and convey complex project information into funding agencies’ specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. Similarly, our experience with grant administration has enabled us to see another side of grant acquisition, wherein we can capitalize on this knowledge. ESS has been utilizing its established process and experienced staff to provide successful grant funding for similar agencies. ESS fully understands the inner workings of the regional and municipal government process. Comprised of former government engineering and traffic managers, we have been confronted with many of the same design, budget, schedule, and project-delivery challenges that face our client governments. This understanding allows our people to think like public agencies and address the challenges they are facing with proactive, well-planned, cost-efficient, and innovative solutions tailored to your needs. We approach every project strategically and scale our resources to fit the agency and scope of work. Our services include: Funding Strategy Development, Grant Research, Grant Writing, Fund Administration, Grant Administration & Fund Compliance, and Advocacy Services ESS specializes in various funding resources, such as : California Department of Parks and Recreation Land and Water Conservation Fund, Recreational Trail Program, DOT Safe Streets and Roads for All (SS4A), DOT Bridge Investment Program, Congestion Relief Program, Highway Safety Improvement Program (HSIP), FHWA Charging and Fueling Infrastructure, Environmental Protection Agency Clean and Heavy Duty Vehicles, Caltrans Clean CA Local Grant Program, Community Project Funds, DOT Active Transportation Program (ATP), Rebuilding American Infrastructure with Sustainability and Equity (RAISE), Railroad Crossing Elimination Program, Reconnecting Communities and Neighborhoods, FEMA Building Resilient Infrastructure and Communities, Hazard Mitigation Grant Program, CALFIRE Urban Community and Forestry, Department of Water Resources Urban Community Drought Relief, US Bureau of Reclamation Environmental Water Resources, CA Natural Resources Agency Environmental Enhancement and Mitigation, Urban Greening, Youth Community Access, CA Department of Parks and Recreation Outdoor Recreational Legacy Program (ORLP), Department of Housing and Urban Development, CA State Library, local tax measures, 519 Proposal to Provide Grant Writing and Advocacy Services 4 Proposition 1B, Proposition 84, Community Development Block Grant (CDBG), and numerous other grants We are committed to being accountable and sharing ownership of the product and service. We believe that successful projects are the result of a well-managed and motivated team. Our team members possess a proven ability to establish and implement best practices, maintain continuity and flexibility, and deliver timely responses. We offer access ibility to a network of experts to address unique needs. We believe in doing the job right the first time. Our commitment to providing excellent customer service has gained us repeated clients and contracts. We understand the challenges and requirements of municipal governments since many of our staff have held senior and executive management positions with California cities, including Public Works Directors, City Engineers, Capital Project Managers, and Construction Managers. This background and experience are important because document preparation will require a high level of interaction with the state project managers. ESS is the right team to provide consulting services for identifying and securing grants, finalizing funding agreements and monitoring funding compliance. We work as your partner, incorporating grant funding conversations in the process of each project as early as possible in order to maximize the potential for planning grant funding as well as implementation grand funding. Proprietary tools, such as our Work Plan Structure (WPS), in conjunction with our team’s extensive experience and relationships with f unding agencies, make this process easy. Furthermore, ESS has deep-rooted connections with personnel from several State and Federal funding agencies, which allows ESS to provide valuable information such as funding priorities to our clients. We have established relationships with the following agencies that allow us to be your best advocates to receive funding: • DOT/FHWA • FEMA/CalOES Pre-Disaster Mitigation and Hazard Mitigation Planning • Caltrans – various Districts • AQMD • CARB • EPA • US Energy Commission • CA Department of Parks and Recreation • California Natural Resources Agency • Various Conservancies/Non-profit advocacy organizations References As demonstrated in our scope of work and approach, our key services at ESS align directly with all services identified in the RFP. We understand that the City several key transportation, streets, traffic, facilities, parks and open space, community development, planning, police and fire improvements and vehicle purchasing projects in the City’s CIP. ESS team members bring their extensive experience in developing and managing CIP programs to develop successful grant applications on behalf of our clients. The below table provides a quick glance of our experience in preparation of grant applications for similar projects: We strive to exceed expectations, not just meet them. 520 Proposal to Provide Grant Writing and Advocacy Services 5 Grant Writing Services City of Indian Wells, CA ESS has been working closely with the City’s Public Works Department to identify potential projects and grant opportunities for funding. ESS has been responsible for preparing and submitting applications for the following successful grant awards: Grant Amount Funding Agency Program Projects Agency Projects Funding Sources Value (millions) City of Arvin WWTP upgrade, RW DWR, BOR, CalRecycle 30.80$ City of Belvedere Sea Level Rise, Erosion Control Dept of Parks, FEMA/BRIC 26.00$ City of Carlsbad Parks, SCADA, Street Impr.CPF, CalRecycle, ATP, HSIP, SWRCB 14.80$ Central Basin Municipal Water District Multiple RW Projects SWRCB, Prop 13,68 19.90$ Chino Basin Muni Conservation District Channel Diversion BOR, MWD 1.00$ City of Colton Reservoir FEMA/CalOES 6.00$ City of Commerce Traffic Signal Coordination HSIP 1.00$ Coachella Valley Water District AMI, Stormwater WIFIA, FEMA, BOR 58.50$ County of San Diego Drought Resiliency Planning DWR 0.13$ City of Downey Water Quality SWRCB 8.00$ EVMWD - JRC RW, Treatment, Water Repl Community Project Fund 4.90$ Desert Water Agency Water/Energy Efficiency BOR 0.60$ City of Fort Bragg Water Supply Pipeline & Reservoir DWR/SWRCB 19.50$ City of Hemet Flood, Energy, Water, Sewer, Traffic SWRCB, LPP, HBP, Prop 68 28.00$ City of Indian Wells Stormwater DWR, CFP 5.80$ City of Irvine Multiple Projects ATP, HSIP 2.00$ City of Long Beach Complete Street Project LPP 2.88$ Long Beach Water Department Parks, AMI, Wells, RW, Security BOR, SWRCB, FEMA 7.75$ Mission Springs Water District Water/Energy Efficiency BOR 0.30$ City of Newport Beach Emergency Management FEMA/Cal EMA 9.00$ Olivenhain Water District AMI BOR 0.50$ Orchard Dale Water District Seismic Retrofit FEMA/CalOES 3.00$ City of Palm Springs WWTP, Cogen Project SWRCB SRF/GPR 37.00$ City of Petaluma AMI, RW DWR 11.65$ City of Redwood City RW & AMI SWRCB 7.00$ San Bernardino Associated Government Energy/GHG Reduction TIRCP/DOT 39.20$ San Bernardino Municipal Water Department RW, Water & Sewer FEMA, SWRCB, BOR, DWR 33.30$ City of Sacramento Parks, Water & Sewer, SW EPA, Parks, BOR, SWRCB 13.10$ City of Santa Ana RW, Energy, Water, Sewer, Parks Various 76.76$ Santa Clarita Valley Water Agency AMI, Wells, PFAS BOR, Title XVI, FEMA 9.36$ City of San Clemente 0.13$ City of Seal Beach Sand Replenishment Community Projects 16.10$ South Coast Water District Water & Sewer SRF, BOR 103.00$ Turlock Irrigation District Parks, water/energy, Dams Parks Dept, FEMA, BOR 20.00$ City of Tustin Multiple Projects ATP, HSIP $ 3.00 Valley Sanitary District WWTP & RW Expansion WIFIA, Prop13 & 68 $ 45.84 City of Vista Parks, Storm Water, Bike Trails, Sewer, Streets Prop 84, EPA, HSIP, SWRCB 64.00$ City of Wildomar SW, Bike Trails, Streets FEMA/CalOES, ATP, HSIP 2.70$ Water Replenishment District Sea Water Intrusion, PFAS BOR, DWR, SWRCB 2.06$ San Diego County Water Authority Utility Protection, Seismic Retrofit FEMA 50.00$ Monterey One Water Sea Level Rise FEMA 3.10$ City of Huntington Beach Trail Restoration CA Department of Parks and Recreation 0.38$ TOTAL 788.05$ 521 Proposal to Provide Grant Writing and Advocacy Services 6 $5,000,000 Community Project Funds Community Project Funds Channel Lining Project $200,000 FHWA SS4A Safety Action Plan $600,000 Department of Water Resources Prop 68 Channel Project REFERENCE: Dina Purvis, Public Works Manager 760-346-2489, dpurvis@indianwells.com Grant Writing, & Compliance Services, City of Santa Ana Public Works Department, Santa Ana, CA ESS was selected to provide needs assessment, grant identification, grant writing and compliance services for the City of Santa Ana’s Water and Sewer services Department. ESS started by reviewing the City’s CIP and unfunded projects and developed a funding plan by identifying grants. To date, ESS has prepared successful applications for a variety of utilities, streets and parks for the following projects: Grant Amount Funding Agency Program Projects $387,000 U.S. FTA All Stations Accessibility Program (pending) ADA Improvements at Regional Transportation Center $2,199,000 California Dept. of Transportation Clean California Grant Program Cycle 2 Walnut Street Urban Greening Project $2,250,000 California Natural Resources Agency Land and Water Conservation Fund Flower Street Park $1,500,000 Bureau of Reclamation Water Energy Efficiency AMI System $3,000,000 Bureau of Reclamation Drought Contingency 3 Well Projects $3,500,000 IRWM SAWPA Well design and construction $75,000 SWRCB Prop 13 Water Recycling Master Plan $25,200,000 SWRCB DWSRF, CWSRF AMI, Septic to Sewer, Well Rehabilitation $100,000 IRWM SAWPA Well design $400,000 Bureau of Reclamation Irrigation Improvements Residential Rebates $2,500,000 SWRCB CWSRF Septic to sewer 522 Proposal to Provide Grant Writing and Advocacy Services 7 $300,000 CalOES Community Power Resiliency Emergency Generator $1,000,000 CARB Alternate Fuel Program CNG Fueling Station $1,000,000 SCE Charge Ready EV charging Stations $300,000 Bureau of Reclamation Water Energy Efficiency Hydropower Modifications $500,000 Bureau of Reclamation Water Energy Efficiency Solar Panel Installation $200,000 Bureau of Reclamation Small Water Efficiency Turf Removal Rebate $1,500,000 Bureau of Reclamation Drought Resiliency PFAS Treatment Plant REFERENCE: Nabil Saba, PE / Executive Director of Public Works 714-647-3380, nsaba@santa-ana.org Grant Identification and Writing Services, City of Carlsbad, CA ESS was selected for the as-needed grant writing services for the City and has been successful in award of over $14.8 million in the last two years. ESS coordinated with U.S. Congressional Representative, Mike Levin’s office and the City of Carlsbad in preparing an application for its Veterans Memorial Park Project under the Community Project Funds funding oppor tunity. The Project was a high priority project for the City and its residents as the Project commemorates veterans and provides several recreation facilities. ESS assisted the City in identifying and developing a project description that highlighted eligible funding elements for the City’s Veterans Memorial Park Project. ESS prepared the budget, schedule, and public outreach efforts that ranked the project for award. The Project was sub mitted to Community Project Funds in 2022 and was completed in March 2022. ESS has acquired funding through community project funds, SWRCB’s CWSRF, and FHWA’s HSIP program for the projects listed below. Grant Amount Funding Agency Program Projects $9,000,000 Community Project Funds Annual Allocation - 2022 Veterans Park $5,000,000 Community Project Funds Annual Allocation - 2021 Neighborhood Revitalization $4,600,000 SWRCB CWSRF SCADA System $4,000,000 NOAA, DOT, EPA PROTECT, ICARP, Road realignment, climate change impact mitigation 523 Proposal to Provide Grant Writing and Advocacy Services 8 REFERENCE: Jason Haber / Intergovernmental Affairs Director 442-339-2958, Jason.Haber@carlsbadca.gov Grant Writing Services, Long Beach Water and Public Works Departments, Long Beach, CA ESS has been providing grant assistance services for each of the listed agencies that started with a needs assessment and review of the agency’s CIP projects and unfunded projects. ESS presented a funding strategy and matching opportunities to projects that was approved by the Long Beach Water Department (LBWD). ESS has secured funding for LBWD from CalOES, and the Bureau of Reclamation funding programs. Additionally, ESS provided grant writing services for the City’s Public Works department which ESS secured funding from FHWA as noted below. Grant Amount Funding Agency Program Projects $2,800,000 FHWA HSIP, LPP Street Widening & Pedestrian Improvements $300,000 CalOES Community Power Resiliency Generator Procurement $1,500,000 BOR WEEG AMI $4,200,000 BOR DRP 4 Wells $75,000 FEMA Training Emergency Response Training $1,970,000 BOR Title XVI 2 Recycled Water Projects REFERENCES: Water Resources: Dean Wang, PE / Water Resources Manager, 562-570-2311, dean.wang@lbwater.org Public Works: Keith Hoey, PE, Assistant City Engineer 562-570-6586, keith.hoey@longbeach.gov Subcontractors ESS is not proposing any subcontractors for this opportunity. $1,200,000 FHWA HSIP Multiple Projects 524 Proposal to Provide Grant Writing and Advocacy Services 9 C. Firm Staffing and Key Personnel ESS will assign the staffing based on the requested project needs, grant funding source, and staff expertise and will receive the City’s approval before assigning work to individuals. Sudi Shoja, will be the City’s Project Manager/main point of contact and will assign the Project to the appropriate technical expert based on the grants need to prepare grant applications. James Klueber oversees all grant compliance related efforts such as reimbursements, and reporting. They will be available to the extent of the proposed project duration and will not be removed or replaced without written communications with the City. Technical experts will be brought in on an as needed basis. Please see the below Organization Chart for key personnel and as-needed technical experts proposed to provide the scope of services identified in the RFP. Resumes for ESS’ key personnel can be found below. 525 Proposal to Provide Grant Writing and Advocacy Services 10 Sudi Shoja, PE, F. ASCE, Project Manager Sudi brings more than 40 years of municipal engineering, grant and fund management experience. She has an extensive experience in securing and managing various federal, state and local funds, gaining successful audits in all cases. She has been responsible for budgeting, scheduling and implementation of annual funds of over $100 Million for various agencies. Moreover, she has also held numerous leadership positions and served on committees with regional and local government, professional associations and philanthropic organizations to advance regional planning, transportation, policy issues and local interests. The following are a sample of Sudi’s success stories since 2012: • Analysis of project information for the County of Orange resulted in submittal of two applications and award of an additional $1.2 Million in HSIP funds. • Identified Green Project Reserve (GPR) application for City of Palm Springs to bring in more than $1.1 Million in grant funding. • Award of over $47 Million in greenhouse gas (GHG) reduction since 2016 • The 2012 HSIP Grant written for County of Orange was considered one of the best examples by Federal Highway Administration (FHWA) and posted on their website. Relevant Experience City of Carlsbad Grant Writing Services, Carlsbad, CA Responsible for meeting with various department directors and management staff to discuss projects and identify applicable grant funding. Develop funding strategies for every department, review project elements to match grant details. Prepare grant application packages for roadway alignment, climate change impacts, bikeway, pedestrian walkway and safety improvements along major city streets, procurement of a generator for City’s Safety Center and implementation of the supervisory control and data acquisition (SCADA) system. Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Responsible for preparation of grant application packages for more than $10 million in grant and $18 million in SRF loan for Automated Water Metering, master plans, water distribution system upgrades and sewer collection system on behalf of the City. Also responsible for program management, public works staff augmentation, and traffic engineering for the City. As-Needed Grant Writing Services, Public Works Agency, City of Santa Ana, Santa Ana, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy that identified over $42.4 million in grant funding. Responsible for successful grant applications and compliance-management services for grants from BOR, SWRCB, and SAWPA, CalOES, and LWCF. Additionally, Sudi and the ESS team acquired $2.2 million for a urban greening project through Caltrans’s Clean California Grant Program Cycle 2. Redlands Passengers Rail Program, San Bernardino, CA Responsible for fund management and grant writing for the $280 million project. Grants submitted for TIRCP received over $9. Sudi has prepared multiple other grants for DOT, FRA and FTA and manages all of the required reporting. Project management for all funding related Education: M.S., Civil Engineering, Purdue University, 1983 B.S., Civil Engineering, Purdue University, 1979 Registration: Professional Engineer CA, 42958, 1986 Years of Experience: 40 526 Proposal to Provide Grant Writing and Advocacy Services 11 matters including compliance, process of all funding documents to meet the funding source regulations, review of project’s contract and invoicing procedures and development of guidelines. Stormwater & Water Recycling Grants, City of Downey, CA Responsible for identification & application of successful $8 million for stormwater quality project that and submittal of a grant application for a recycling project. SANBAG FTA Eligibility Review, San Bernardino, CA Evaluation of the current agency’s practices on implementation of the FTA regulations, review of agency contract and invoicing procedures and development of guidelines for staff on FTA and all other applicable funds for SANBAG. Program & Fund Management Services–North County Transit District ( NCTD), Oceanside, CA Review of all fund and program management practices and recommendations and development of necessary policies and forms to meet all required funding and regulatory requirements. Grant Application Assistance Services, County of Orange, Santa Ana, CA Worked closed with the program managers on evaluation of complex projects for best match with FHWA regulations and preparation of grant application packages for Highway Safety Improvement Project (HSIP) since 2012 that has resulted in 100% award. Project M anager to develop a grant eligibility matrix as a tool to automatically identify all applicable grants for each of the CIP projects. Population of the matrix includes record research, field data collection, review of environmental, traffic, and other repor ts. Created data collection forms to develop scope of work including site assessment and cost estimates. Fund Management Assistance- Lake Forest, Villa Park, Laguna Woods, Commerce, Irvine, Newport Beach, CA As a consultant, Sudi has been responsible for various fund and program management services to process the documents for various federal and state and local funding measures and prepare grant application packages for HSIP, ATP, RAC and MPAH and FEMA. SR-78 Corridor Enhancements, City of Vista, CA Responsible for successful implementation of several design and construction projects with over $25ML involving a combination of Federal, State and local funding with full support from Caltrans and final successful approval on all audits. Sudi led the negotiations and worked closely with Caltrans environmental, design, traffic, local assistance, ROW, bridge, permitting and administration divisions. Her responsibilities included leading the efforts on scoping and defining projects, securing of funding on behalf of Caltrans, design approvals to meet the requirements and construction management of the projects for final acceptance by Caltrans. All these projects involved a combination of Federal, State and local funding with full support from Caltrans and final successful approval on all audits. Highway Rail Crossing Safety Accounts, Multiple Agencies, CA Identified and submitted multiple applications for grade separation projects. Attended all qualification meetings and successfully secured higher ranking for projects. 527 Proposal to Provide Grant Writing and Advocacy Services 12 I-5 Widening Segment II – OCTA, CA Project Manager for preparation of the drainage report and structural evaluation for segment II of this 6.5-mile corridor improvement that adds several adding lanes on each direction including auxiliary lanes and ramp improvements. OCTA – Master Plan of Highway (MPAH), Multiple Agencies, CA Preparation of multiple applications for MPAH Improvements, Measure M, and Growth Management Area Improvements for various arterials and intersections in cities of Santa Ana, Huntington Beach, Villa Park, and Lake Forest. Coordination with Caltrans and oth er neighboring jurisdictions. As-Needed Grant Writing Services, City of Long Beach Public Works and Water Department, Long Beach, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy and preparation successful grant applications for Bureau of Reclamation Drought Resiliency and Water Energy Efficiency Grant Programs, and Title XVI and compli ance-management services for the Department. ESS has identified and applied for grants over $10.8 million since 2018. ESS has also been responsible for successful award of $2.8 million in LPP funds for the complete street improvements. Grant Writing and Management Services, Seismic Retrofit of Steel Reservoirs and Drinking Water Line Replacement, FEMA/CalOES Hazard Mitigation Grant Program and DWSRF, San Bernardino Municipal Water Department, Responsible for preparation and submission of FEMA/CalOES HMGP grant application and management for Seismic Retrofit of Steel Reservoirs ($5.6 million) and preparation of DWSRF applications and management for Seismic Retrofit of Steel Reservoirs ($8.6 mill ion) and Drinking Water Line Replacement ($11.2 million) projects. Grant Writing Services, City of Sacramento, CA Responsible for preparation of grants for a groundwater well, sump station rehabilitation, median landscaping, flood mitigation and stormwater project for a variety of State and Federal funding opportunities. Sudi’s involvement in this contract has led to the successful award of several projects for the City to date. 528 Proposal to Provide Grant Writing and Advocacy Services 13 Gary Sturdivan, Hazard Mitigation Planning Expert Gary has a vast knowledge in Emergency Management, Emergency Preparedness, Hazard Mitigation Planning, Vulnerability Assessment Planning, and updates, as well as Federal Emergency Management Agency (FEMA) documentation, FEMA reimbursement and has an extens ive background with State Revolving funding, FEMA, and DHS Funding Programs. In the last 10 years, Gary has been responsible for successful write up and completion of 62 Hazard Mitigation Plans that received California Office of Emergency Services (CalOES) and FEMA approval. He has also written 12 Emergency Response Plans in the last 7 years. Gary has an established relationship with CalOES & FEMA review team members. Gary was a member of the USGS planning team for Golden Guardian 2008 and is one of the signers of the document and California, Shake Out. Gary has served as the Region 6 Chair of CalWARN and was the Vice-Chair of the CalWARN State Steering Committee for 6 years. Gary was also the editor of the American Water Works Association G-440 Emergency Planning Standard that was adopted by the National Institute of Standards and Technology and was the first Editor of the AWWA M-19 rewrite committee, which was released in 2016. Gary was a Beta Tester for the AWWA J-100 Risk Analysis and Management for Critical Asset Protection (RAMCAP), On-line training Module and Manual. The J-100 RAMCAP was later adopted by the U.S.E.P.A and FEMA as the tool for Risk Analysis and M anagement for critical Asset Protection. Gary has participated in the Southern Operation Center on various occasions and in the State Operations Center on two occasions. Gary used the FEMA HSEEP tools to organize the water/wastewater agencies in Riverside and San Bernardino Counties during the Statewide Golden Guardian exercise’s starting in 2008. Gary is a speaker at various conferences throughout the nation on emergency issues, including speaking in front of the Department of Interior, with Secretary Kenneth Salazar and department heads at USGS headquarters in Washington D.C. Relevant Experience COVID-19 Cost Recovery Reimbursements, City of Colton, Mission Springs Water District, Twentynine Palms Water District, and Hi-Desert Water District Assisted the above listed agencies with COVID-19 cost recovery applications for funding provided through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. All applications are still pending approval by the various federal agencies. Director of Safety/Regulatory Affairs/Emergency Management and Grants, East Valley Water District, Highland, CA • Secured 42 FEMA Hazard Mitigation Grants totaling $38,000,000 in FEMA grant funding’s, over an 8-year period. Education: B.S., Business Management and Business Administration, University of Phoenix – 2001 Years of Experience: 24 Certifications: • FEMA ICS 100, 200, 700 and 800, Trainer • FEMA ICS 300 and 400 Certified Trainer • FEMA EOC Position Specific Certified Trainer • California, Water Treatment Operator T-1 • California Water Distribution Operator D-1 • California Certified Trainer in G- 611, “Water Desk Training” • AWWA J-100 RAMCAP Certified • ANSI/AWWA Standard G-440 529 Proposal to Provide Grant Writing and Advocacy Services 14 • Managed and directed CalOSHA Safety Programs to ensure District’s compliance with all Federal, State, local laws, and regulations. FEMA/CalOES Grant Writing, City of Colton, San Bernardino Municipal Water Department, Orchard Dale Water District, CA • Led the effort to secure funding for each of the above agencies • Negotiated the grant amount for the Orchard Dale Water District that resulted in an increase of $1.5 million Hazard Mitigation Plans, Grant Writing and Training, Yucaipa, CA • Hazard Mitigation Plans. American Water Infrastructure Act (AWIA) • Hazard Mitigation and PDM grants • FEMA Training ICS- 100, 700, 300, 400, 200, 800. Emergency Response Planning Local Hazard Mitigation Plans, Cities of Colton, Twenty-Nine Palms, and Villa Park CA Responsible for successful preparation of Hazard Mitigation Plans that received CalOES and FEMA approval within the scheduled time and budget. Local Hazard Mitigation Plans/Grant/Training, Bighorn Desert View Water Agency, CA • Secured Hazard Mitigation Grant for the Agency • Responsible for successful preparation of a Hazard Mitigation Grants that received an award of $ 2.5 Million to capture flood water run-off to re-charge the underground aquifer • Responsible for award of funding to Mitigate freezing and flooding to water wells and booster stations in the amount of $100,000. Local Hazard Mitigation Plans/Grant/Training, Hi-Desert Water District, Yucca Valley, CA • Secured Hazard Mitigation Grant for Hi-Dessert Water that allowed the Agency to write and obtain an approved Hazard Mitigation Plan • Prepared the Hazard Mitigation Plan for District • Completed Emergency Response Plan that received the Board of Directors approval Local Hazard Mitigation Plans/Grant/Training, Multiple Agencies, Twentynine Palms Water District, Contra Costa Water District, Cucamonga Valley Water District, Yucca Valley, CA • Successful preparation of Hazard Mitigation Plan that received CalOES and FEMA approval • Prepared Emergency Response Plan (ERP) that received Board of Directors approval • Trained District staff on the use of the ERP. Conducted FEMA 100, 700, 300 and 400 certification training and conducted an Emergency Response Table-Top exercise. • Conducted FEMA Training classes and conducted a Table-Top Emergency Response Exercise 530 Proposal to Provide Grant Writing and Advocacy Services 15 Miles Wagner, FEMA/CalOES GIS Specialist Mr. Wagner has over 40 years of emergency management experience in law enforcement, emergency management, Red Cross services, and geological investigations. Mr. Wagner has served at several key positions such as the Emergency Services Officer of San Bernardino County, the Sergeant Deputy Sheriff at the Washoe County Sheriff’s Department, as the Support Services Supervisor at the City of Colton Police Department, and as a member of the Board of Directors for American Red Cross of the High Desert Chapter. He has complimented these experiences by also becoming a Certified Emergency Management Specialist, a Geographic Information Services Specialist, an instructor with the California Specialized Training Institute, an Operations SOG/ConOps Developer, and HSEEP Developer. Mr. Wagner has led numerous emergency response campaigns as the Emergency Services Officer including the 2003 Bark Beetle Emergency, the 2003, 2005, 2007, 2009, and 2016 Fire storms, 2003-2020 winter weather events, and 119 additional real-world emergency operations since 2003 with each event lasting an average of eight days. Relevant Experience Cyber Security Funding, multiple agencies: County of San Diego, San Diego Water Authority, Elsinor Valley Water District, Cityof Carlsbad, CA Miles has been reviewing and assisting the above agencies to prepare to benefit from State grants. Emergency Services GIS Specialist Mr. Wagner has been responsible for creation and development of the Geographic Information System (GIS) Unit within the Office of Emergency Services. This program provides GIS services during normal operations as well as OES activations within the County. The GIS Unit also provides GIS support to federal Incident Management Teams upon request outside the County. Systems to allow rapid and comprehensive damaged structures and infrastructure are under development and in the field-testing stage. Among many, his experience includes mapping the San Fernando Earthquake and the Salt Wells Valley/Paxton Ranch Earthquake Sequence surface rupture, field exploration in the Calabasas and west Los Angeles areas, and threat and hazard analysis for Washoe County, Nevada and San Bernardino County, CA. Plans and Guidelines Development Mr. Wagner has authored several Plans and Guidelines for several programs within San Bernardino County including: • The FEMA required Multijurisdictional Hazard Mitigation Plan (Updated and approved by FEMA every five years) requiring coordination between five separate jurisdictions during the planning and writing process. Additional coordination was conducted with other political jurisdictions within the County to ensure their MJHMP’s are updated every five years. Education: B.A. Business Administration, Trinity College and University - 1991, A.A. Geology and Criminal Justice – Pasadena City College, 1972 Years of Experience: 40+ Affiliations: • Certified EOC Responder • Federal MIT Member • ESRI Conference Presenter 531 Proposal to Provide Grant Writing and Advocacy Services 16 • Department Emergency Operations Plan (DEO) development and implementation. This program requires all County departments to develop a Department Emergency Operations Plan, train and maintain key personnel to operate within the DEOP during emergencies, and conduct other activities related to the DEOP. Development requires coordination between key Department personnel and OES during the year to ensure plans are maintained and updated. Training materials are developed, and training of participating staff is performed. Programs, policies, laws, and regulations are reviewed and recommendations for changes are made. • The Flood Area Safety Taskforce Standard Operating Guidelines (FAST). FAST is updated at least twice a year. This program ensures key County Departments and other cooperating state, and federal agencies are prepared to respond to and assist the residents o f the County during potential flood incidents. • The Fire Management Assistant Grant Program (FMAG) Standard Operating Guidelines. This SOG guides the completion and submission for a FMAG grant in the early stages of a potentially significant wildland fire. FMAG when approved can reimburse County Fire for up to 75% of fire suppression costs. • The original Family Disaster Guide in 2005 for the Bark Beetle Emergency in San Bernardino County. This guide is updated and republished as needed by San Bernardino County. • StormReady certification from the National Weather Service. This program provides a discount for those persons purchasing flood insurance through the National Flood Insurance Program. StormReady was first approved in 2008 and is renewed every three years. Mr. Wagner also has over 50 years for experience as a first responder in emergency management, law enforcement, and fire services. His experience includes 119 Real world EOC activations or incidents since May 2003 and many exercises. Incidents worked include Fire, Controlled Burn, EQ, Flooding, High Winds, Hospital Evacuation – Hazmat, Insects/Drought, Pandemic, Power Outage - Excessive Heat, Pre-Planned Event, Satellite Reentry, Terrorist Attack, Traffic Incident, Train Derailment Virulent Bird Disease, and Water Contamination. Sergeant Deputy Sheriff Experience included supervising and training deputies, field training, review of field performances, reports and other written work products and conducting annual employee performance evaluations. He was also instrumental in forming the Crime Analysis Unit for the Department. This 3-year project resulted increasing functionality of crime analysis unit (CAU), developing patterns, and recommending strategies to apprehend offenders. 532 Proposal to Provide Grant Writing and Advocacy Services 17 Tamim Atayee, PE, F. ASCE, Infrastructure Funding Expert Tamim is a registered professional engineer with 31 years of experience. Tamim works as a technical expert for grant applications that involve expertise in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and stormwater management. He is a skilled designer and a capable manager and has authored many technical papers. Tamim is experienced in both numerical and physical modeling of hydraulic problems and has, amongst other things, developed hydrology and hydraulics software used as standards in the industry. As a subcontractor to the Western US Technical Evaluation Contractor to FEMA, he reviewed several map revision processes, such as Letters of Map Revisions, for projects that impacted flood hazard areas. On the other end of the process, as the technical representative for applicants, he successfully secured approval of several map revisions for land developers, public agencies, and mine property owners. Tamim’s expertise and knowledge assist us in preparation of high-quality technical reports for grant applications that result in minimal comments and expedited review of applications. The following are Tamim’s experiences and skills: • Expert in preparing FEMA related grants • Technical expertise that lend to writing highly qualified & credible reports for grant applications • Trusted expert working with various Caltrans districts GPR application • Extensive experience in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and storm water management. Relevant Experience FEMA Grant Applications, San Bernardino Municipal Water Department, San Bernardino, CA Responsible for review of agency documents and preparation of a successful grant application for four water steel tanks. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis. FEMA Grant Applications, City of Colton, and Orchard Dale Water District, CA Responsible for review of agency documents and preparation of a successful grant application for seismic retrofit of the water tank. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis. Education MS Civil Engineering – Water Resources, The George Washington University BS Civil Engineering, Old Dominion University Registered Professional Engineer – California, Colorado, Virginia Years of Experience: 31 Professional Affiliations & Awards: • Instructor of Excellence (2009, 2010, 2011, 2012) • National Highway Institute Fellow (F.ASCE) • American Society of Civil Engineers (ASCE) • Distinguished Engineering Educator Lifelong Learning Award, • Outstanding Engineering Merit Award, Orange County Engineering Council • Outstanding Engineer of Merit Award, American Society of Civil Engineers, Orange County Branch • Outstanding Civil Engineer in Community Service, American Society of Civil Engineers, Los Angeles Section • California Emergency Services Association (CESA) 533 Proposal to Provide Grant Writing and Advocacy Services 18 FEMA Grant Applications, Coachella Valley Water District, Coachella Valley, CA Responsible for review of agency documents for the two regional storm drain projects and preparation of successful phase I grant applications. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis. Flood Assistance Grant Program, City of Wildomar, Wildomar, CA Prepared Benefit Cost Analysis (BCA), technical reports, cost estimate and all back up documentation to prepare two successful application for stormwater projects. Sustainability Grants, Port of long Beach, Long Beach, CA Responsible for preparation of technical documents and all the necessary justifications for a sustainability grant funded by Homeland Security. Review of agency documents, preparation of cost estimates, back up documents, exhibits and other information as needed. Storm Water Grants, Turlock Irrigation District, Turlock, CA Technical expert in development of successful grant application for District’s priority project in the amount of $16.5 million. Review of District documents and recommendations and preparation of grant sections to meet the funding goals. Otay River Bridge, San Diego, CA Provided hydrologic, hydraulic and scour engineering services to assist with the design of the new State Route 125 Toll Road Bridge over Otay. The objective of the project was to characterize the hydraulics and scour potential and develop countermeasures t o sustain the erosive forces to which the bridge substructure would be subjected. Alta La Jolla Restoration, San Diego, CA Responsible for independent assessment of the hydrologic, hydraulic and channel stability of outlet channel of a storm drain system in the private development, Alta La Jolla in San Diego, California. The objective of the project was to characterize the drainage and develop a concept to stabilize the eroded outlet channel. Caltrans Drainage Law & floodplain Issues Course Development & Delivery, CA Responsible for development of two one-day courses and delivery to various Caltrans Districts in the state. Class material was developed for highway designers to discuss hydrology and hydraulic & identify issues pertaining to floodplains and effective discharge, minimize liability to public agencies short courses for FHWA, and Caltrans. Caltrans Expert Services, San Bernardino Office of Caltrans San Bernardino County, CA Provided expert witness services for a successful conclusion including forensic analysis of the historical records for hydrology, hydraulics and sediment transport for the flood damage analysis of Lobecks Pass in a lawsuit case against Caltrans by Pacific Gas & Electric Company. 534 Proposal to Provide Grant Writing and Advocacy Services 19 Carlos Pineda, PE, Infrastructure Funding Expert Carlos is a registered civil engineer in the State of California with over 38 years of experience in civil engineering and project management. He has extensive experience working for both private and public sectors. His private sector design experience covers a wide range of projects including residential master planned communities and “in tract” residential improvements. His public works design experience covers a wide variety of projects including the improvement of major arterials, secondary highways and collectors, flood control and drainage projects, ADA retrofit, and safe routes to school projects. Relevant Experience Trail Restoration Project, City of Huntington Beach, CA Carlos has been responsible for successful development of a conceptual plan for the Shipley Park trail project that met the approval of the Parks Board members. Carlos then prepared the application for the California Department of Parks and Recreation Multiple Parks and Recreation Projects, City of Santa Ana, CA Responsible for preparation of cost estimates and narratives for successful grant application for multiple projects for the City resulted in funding from LWCF and Urban Greening funding. LOSSAN Corridor, Peer Review, Hydrology & Hydraulics, San Diego, CA As part of RailPros Team, Carlos has been providing peer review on Civil engineering plans for several portions of the LOSSAN Corridor project. Metro- Metrolink Station Location Studies, Los Angeles, CA ESS served as a sub consultant and provided site study and study the utility constraints involved. This study included four stations and multiple alternatives for each location. The utility study included coordination with various stakeholders such as cities, and SCE. ESS also prepared a grant strategy for Metrolink. Recycling Water Projects, Central Basin Municipal Water District, CA Responsible for preparation of 3 application packages for cities of Downey, Southgate and Bell Gardens. Developed cost estimate and the grant application for submittal on behalf of the agency. Senior Project Manager – Community Development/Transportation (Stantec) As a Senior Project Manager, he was responsible for the marketing of Engineering Services to municipalities and other private clients such as developers, builders, and architects. Responsible for the management of Projects including close coordination with clients and with the Project team, responsible for executing the project, producing, and submitting deliverables and meeting the budget and schedule established in the contract. Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering projects, including residential subdivisions, public works projects and community parks. Provided Quality Assurance and Quality Control for the Projects. Also, Education: MS, Civil Engineering – Structures, California State University, Long Beach MBA, Business Administration, University of Phoenix BS Civil Engineering (Cum Laude), Virginia Polytechnic & State University, Blacksburg, Virginia Years of Experience: 38+ Registrations: • Professional Engineer, California (38639) • LEED Accredited Professional, U.S. Green Building Council • Qualified Stormwater Pollution Prevention Plan Practitioner (California) • Qualified Stormwater Pollution Prevention Plan Developer (California) 535 Proposal to Provide Grant Writing and Advocacy Services 20 provided clients with engineering support during the Construction Phase of the projects, including responding to RFI’s, plan revisions, review of submittals etc. Sample Projects: • Butterfield Stage Road Phase III Improvements, Temecula • Lincoln Park ADA and Landscape Improvement Project, Pomona • Boys and Girls Parking Lot Improvements, San Clemente • Camino De Los Mares Improvements, San Clemente • Cress Street Sidewalk and Retaining Wall Improvements, Laguna Beach • Queda Way Drainage and Retaining Wall Improvements, Laguna Beach • Village Pond Park Improvements, Lake Forest • NW Open Space Park, San Juan Capistrano • Avella Apartments, Irvine, The Irvine Company • Los Serranos Infrastructure Improvements -Safe Routes to Schools Program Phase 3, Chino Hills • Project Manager for Various CIP Projects for the City of Pomona Director of Engineering (CivilSource) As a Director of Engineer was responsible for the marketing of Engineering Services to municipalities and other private clients. Responsible for the management of Projects including close coordination with clients and with the Project design team, responsible for executing the project, producing, and submitting deliverables and meeting the budget and schedule established in the contracts. Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering Public Works projects. Responsible for providing quality assurance and quality control for all projects. Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI’s, plan revisions, r eview of submittals etc. Assisted in providing civil engineering assistance to Cities as part of Staff Augmentation, this included providing engineering advice and plan checking for ongoing permit applications. Sample Projects: • Cerritos Avenue Widening Project, City of Cypress. • SR2S Hermosa View Improvements, Hermosa Beach • Retaining Wall Improvements – Moulton Parkway, County of Orange • Mermaid St. Sidewalk and Retaining Wall Improvements, Laguna Beach • Project Manager for Various Projects for the City of Laguna Woods. – Staff Augmentation 536 Proposal to Provide Grant Writing and Advocacy Services 21 Omar Dayani, PE, TE, Transportation Funding Expert With more than 32 years of project management experience, Omar has completed more than $200 Million worth of capital improvement projects and received numerous project awards for his efforts while serving as the Traffic Engineer for the City of San Marcos. He has strong managerial skills and proven experience in traffic engineering practices, as well as capital improvement and land development procedures and guidelines. He developed one of the most advanced traffic management and traffic signal systems in the state. Omar is well-versed in managing projects with federal, state and local funding. He is also experienced with federal, state and local grant programs and the appropriate processes by which to prepare various grant applications. Omar is a skilled problem-solver who elevates his teams and consistently brings feasible and creative solutions to project leadership. He has extensive experience conditioning and reviewing land development projects and scoping various CIPs. He has established excellent working relationship with City staff, adjacent public agencies, Caltrans, SANDAG (MPOs), major developers, contractors and resource agencies in the region. He is also knowledgeable in storm water and water-quality programs and design. Relevant Experience LA Metro Highway Program Support Services, Los Angeles, CA Funding Consultant to provide funding strategies, prepare grant application packages and monitoring of grants. City of Carlsbad, Carlsbad, CA Preparation of multiple roadway improvement grant applications including HSIP, PROTECT, NOAA, and ICARP for road realignment, pedestrian and bike safety projects, climate change mitigation projects. As-needed Traffic Engineering Services – Multiple Cities, CA Provided traffic engineering services including design of federally funded projects, plan check of development projects, review of citizen requests, preparation of grant applications on an as - needed basis for cities of Hemet, Wildomar and Villa Park. As-Needed Consulting Services, San Diego Association of Government, San Diego, CA Responsible to provide funding strategies, prepare grant application packages and monitoring of grants. Education: B.S., Civil Engineering, West Virginia Institute of Technology, WV Registration: • Registered Civil Engineer, California, 59972 • Registered Traffic Engineer, California, 16171 • Professional Transportation Operation Engineer, California Years of Experience: 32+ Memberships: • American Public Works Association (APWA) • American Society of Civil Engineers (ASCE) • WTS International (WTS) • Construction Management Association of America (CMAA) • California Emergency Services Association (CESA) 537 Proposal to Provide Grant Writing and Advocacy Services 22 City of San Marcos, CA • Successfully managed and prepared numerous federal, state and local grant requests obtained more than $60 Million in federal and state grants for the City of San Marcos. Managed numerous special projects such as Inland Rail Trail, and Creekside Marketplace. • Management of the Traffic Engineering Section and all related activities. • Managed more than 175 capital improvement projects ranging from ITS and shopping centers and street improvements to rail and rail trails. • Serving as the City Traffic Engineer with extensive involvement in traffic circulation elements, ITS projects, traffic signal systems including design and operation of traffic signals, central monitoring systems, traffic signal adaptive systems, and wireless and fiber optic interconnect. • In charge of traffic safety issues and preparation of reports and monthly presentations to the City Commission. • Representing the City of San Marcos at SANDAG, Caltrans, NCTD, County of San Diego and other adjacent Jurisdictions, establish good working relationship with key members of San Diego County’s public and private sectors. • Prepared and reviewed numerous technical reports such as traffic studies and reports to the City Council and various commissions. • Prepared annual capital improvement projects (CIP) budget for five years. City of Poway, CA • Prepared numerous federal, state and local grant applications. • Managed more than 45 capital improvement projects including reclaimed water system, water treatment plant, water reservoirs and other specialty capital project. • Served as construction manager for numerous Capital Improvement Projects. In-house designed several relatively complex projects. • Managed the AutoCAD and Soft Desk design activities. • Assisted the traffic engineer with traffic safety and traffic circulation issues, and was assigned to Land Development section for two years 538 Proposal to Provide Grant Writing and Advocacy Services 23 Stanley Klemanowicz AIA, PMI, LEED, Facility and Energy Conservation Funding Expert Stan brings more than 25 years of hands-on experience in architectural design and project delivery within time and budget on many public and private projects. As a Leadership in Energy and Environmental Design (LEED) Professional, he has directed sustainability and led project teams in exceeding desired green building accreditation levels. He has been responsible for completion and approvals of ongoing design and value- engineering, preparation of construction documents, permitting, and funding details. Stan’s extensive experience in the design field has allowed him to be a technical expert for all energy- related grant pursuits. Stan has been dealing with various utility providers and Air Quality Management District (AQMD) and other funding agencies directly and has first-hand knowledge of the available grants and their requirements. The following are a sample of Stanly’s experiences and skills: • Expertise in evaluation of facility design improvements to meet funding requirements. • Responsible for design and renovation of facilities to obtain LEED Platinum and Gold • Proven track record in providing Construction Management & funding Relevant Experience Funding Resources Consultation Applications Federal and State funding, IRS EP Act 2005 Tax Credit, Utility company rebate and incentives. Statewide Utility Companies Energy Efficiency Program Savings by Design on behalf of Southern California Gas Company and Los Angeles Department of Water & Power, and Integrated Demand Side Management with Southern California Edison. Capital Improvement Program, City of Santa Monica, California Project Manager responsible for design and delivery of multiple capital improvement and major maintenance projects embracing State and City sustainability guidelines including: Police/fire headquarters, city hall, renovations, civic auditorium city pool, s enior housing, parks facilities and animal shelter. California Task Force on Court Facilities, Los Angeles County Directed on-site surveys and evaluations of thirty courthouses in Los Angeles County for physical condition, life-safety, code compliance, functionality, security, accessibility, and space requirements as prerequisite for development of capital construction budget for master planning and new construction. Education: BS, Architecture, The City University of New York Registration: Licensed Architect, CA, NY, NJ Years of Experience: 25+ Memberships: • American Institute of Architects (AIA) • National Council of Architectural Boards (NCAB) • National Institute of Building Sciences (NIBS) • United States Green Building Council (USGBC) • Commissioner: City of Redondo Beach, Uniform Codes Commission (UCC) • Project Management Institute (PMI) 539 Proposal to Provide Grant Writing and Advocacy Services 24 Modernization Project - Los Angeles Unified School District (LAUSD) Responsible for design development and validation of project scopes and budgets, design and construction documents, DSA submittals, and project delivery methodology. Directed pre- construction efforts for 300 Measure K and BB Bond modernization projects of existing facilities with an aggregate value of projects exceeding $50 million. Developed project delivery system for JOCS (Job Order Contract System), where over 100 projects were initiated in less than a year. Managed architect/engineer teams. Port of Los Angeles – Pier 400, Los Angeles, CA On-Site Project Manager, responsible for oversight of the design-build process for the design and construction of 18 office and gate facilities at the largest proprietary marine cargo terminal in America. Facilities included corporate offices, operations, and maintenance buildings. Cost of facilities exceeded $60 million. Total cost of project - $900 million. Construction Administration – LEED Silver Project Hollywood, CA Senior Construction Administrator for the Hollywood W Hotel & Residences, the largest LEED Silver project in Los Angeles County, a luxury hotel and residential development valued over $360,000,000. Managed and directed the architectural design team of over fifteen consultants. Responsible for completion and approvals of ongoing design and value-engineering, preparation of construction documents, permitting, submittal reviews, requests for information, change orders, field observation, and project closeout. 540 Proposal to Provide Grant Writing and Advocacy Services 25 Mir T. Fattahi, PE, F. ASCE Infrastructure Funding Expert Mir brings extensive experience in securing and managing grants of more than $20 Million from the BOR, CA SWRCB & DWR. He is highly knowledgeable on water and sewer related funding pursuits and has successfully secured and managed funding and project imple mentation on behalf of various agencies. He is experienced in directing projects and staff in fast- paced, results-oriented environments. Mir is an articulate communicator able to elicit outstanding performance from a diverse array of professionals. He has been highly successful in developing synergistic relationships to bring projects to completion on time and under budget, in part because of his strong leadership, organization, and communication skills. Mir has more than 35 years of extensive experience in all facets of water and sewer engineering, planning, design and project management; budgeting, scheduling, contract administration, change order management, claim analyses and mitigation; biddability/ constructability review, development and implementation of quality assurance and control (QA/QC) procedures. He has led and managed major Capital Improvement Program (CIP) infrastructure projects in water/wastewater including recycled water for various agen cies in Southern California. Relevant Experience As-Needed Grant Writing Services, Coachella Valley Water District, Coachella Valley, CA Involved in preparation of successful applications to WIFIA for funding over $50 Million for two projects and a successful application for Advanced Metering Infrastructure (AMI) demonstration project from BOR Funding. Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Preparation of grant application packages for more than $10 Million in grant and $18 Million in SRF loan for Automated Water Metering, master plans. water distribution system upgrades and sewer collection system on behalf of the City. Storm Water & Recycling Grants, City of Downey, CA Identification & application of successful $4 Million for stormwater quality project that ranked one of the highest for funding and a submittal of a grant application for a recycling project. Recycled Water Program, Project Manager/Engineer, Simi Valley, CA Project Manager/Engineer in charge of preparation of plans and specifications for recycled water connections, preparation of engineer’s report, cross connection testing and report, site supervisor training and issuance of certificate for Ventura County Waterworks District No. 8, City of Simi Valley. Education: MS, Civil Engineering, CA State University Long Beach, CA, 1992 Years of Experience: 35 Registration: • Registered Professional Engineer in CA 59465; Certified Cross Connection Control Specialist – USC • General Engineering Contractor License “A” (#969080) • Principals of Supervision • Supervisor’s Academy Cross Connection Control – Certified by USC Foundation. • Traffic Control, Trenching and Excavation 541 Proposal to Provide Grant Writing and Advocacy Services 26 Recycled Water Program, Project Manager/Engineer Fontana, CA Project Manager/Engineer in charge of preparation of plans and specifications for local lateral connections, preparation of engineer’s report, cross connection testing and report, site supervisor training and issuance of certificate for Fontana Water Company. Water and Reclaimed Water Systems, Project Manager Aliso Viejo, CA Project Manager responsible for design and preparation of construction plans, specifications, and cost estimates for Oak Grove water and reclaimed water systems. The project consists of approximately 10,000 acre-feet (AF) of water and reclaimed water pipel ines designed for the Moulton Niguel Water District to be constructed in the community of Aliso Viejo. PVC and Ductile Iron Pipes were specified for this project. Recycled Water Program, Inland Empire Utilities Agency (IEUA), Project Manager, Chino, CA Program manager of the Agency’s Recycled Water Program. Under his direction the recycled water use increased from 15,000 to 37,000 AFY in 2.5 years with a target of 50,000 AFY by the end of 2012. The program involved site investigation, preparation of retrofit plans, preparation of engineering report, and testing. Users of Recycled Water include farmers, schools, industrial entities, golf courses, parks, and commercial office landscape areas. As-Needed Grant Writing Services, Water and Sewer Department, City of Santa Ana, CA Participation in identification of grant funding opportunities, preparation of successful grant applications for BOR, SWRCB, Santa Ana Watershed Authority and many more. Also, assisted with compliance-management services for the City. Three Application Packages for Sewer Improvement Projects, City of Laguna Beach, CA Preparation of applications and coordination with State project managers to obtain approval for securing $10 Million funding on behalf of the City. Projects involve upgrade of sludge export force main, treatment facility upgrades, and sewer line rehabilitation throughout the City. Water, Sewer and Reclaimed Water Transmission Pipeline Design, Project Manager, Laguna Hills, CA Project Manager in charge of the design, contract document preparation and construction management of the Wood Canyon water, sewer, and reclaimed water facilities for the Moulton Niguel Water District. The project consisted of 3 miles of water transmission pipeline, 2 miles of reclaimed water transmission pipeline, and 3 miles of gravity and force main sewers. Several pipe materials, including CML&C steel pipe, DIP and PVC pipe were specified based upon design requirements. 542 Proposal to Provide Grant Writing and Advocacy Services 27 Chenxia Li, Federal Funding Expert Chenxia has over 20 years of experience and an extensive background in the capital planning process and in developing long-range capital improvement programs including regional and agency-wide transportation planning. She has successfully secured and managed various federal, state, and local funding measures including FTA/FRA/FEMA/Caltrans, Highway Rail Crossing Safety Account (HRCSA), Highway Safety Improvement Program (HSIP), High Priority Projects (HPP), Transportation community and many other grants. Chenxia has been responsible for performing policy and financial analyses, negotiating agreements with FTA/FRA and other funding agencies, as well as the preparation and presentation of reports to agency board of directors. Chenxia is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates. Relevant Experience San Bernardino GHG reduction Strategy, TIRCP 2018 Grant Application Package, San Bernardino County Transpiration Authority, San Bernardino, CA Responsible for development of a successful grant application package for two significant projects in the region, meeting with CalSTA, preparation of GHG reduction and all write up. Redlands Passenger Rail Project, San Bernardino County Transpiration Authority, San Bernardino, CA Funding expert responsible for preparation of TIRCP, PTC and FTA grants for the $280 million project. Facilitated meetings with grant funding agencies, prepared agendas and presentation topics. Researched the available documents and prepared successful gra nt application packages. Advised on negotiations, grant agreements, and reporting needs. Grants Manager, San Diego North County Transit District (NCTD), Oceanside, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding. • Administered NCTD grant programs and managed grant staff. Performed strategic, programmatic, and detailed grants management of NCTD’s federal, state, and local grant programs. • Coordinated with the San Diego Association of Governments (SANDAG) to forecast grant revenues for five-year capital improvement program. Developed recommendations to assign the grant funds to the capital and planning projects. • Worked with the Federal and State funding agencies for grant application/ amendments/closeout. Managed grant programs for requirements compliance. Education: Ph.D. in Planning, University of Southern California, 1992 Master of City Planning, University of California at Berkeley, 1985 Bachelor of Engineering, Tongji University, Shanghai, China 1982 Years of Experience: 20+ 543 Proposal to Provide Grant Writing and Advocacy Services 28 • Maintained grant database using the JD Edwards system to ensure accuracy and grant compliance. • Prepared the required project progress reports, financial status reports, and grant closeout reports. Ensured timely processing grant billings; reviewed the project expenditures against the approved project scope and in compliance with federal, state and local funding requirements; and validated appropriateness of supporting documents and justifications. • Developed and revised grant management procedures and the board finance policies. • Responsible for the SAFE schedule and the required single audit schedules. • Prepared responses to the FTA Triennial Review and Enhanced Technical Capacity Review. Grants and Strategic Development Planner, Southern California Regional Rail Authority (SCRRA) • Coordinated with FTA/FRA/FEMA/Caltrans on the grant administration, led FRA/Caltrans quarterly reviews, analyzed Federal and State transportation policies and funding programs, and communicated with staffers on grant issues. • Worked with Engineering Department and Program Management Office on the programmatic issues pertaining to the capital rehabilitation and improvement projects, and prepared grant applications by closely working with the stakeholders. Participated in monthly project managers’ meetings, worked with all necessary parties to ensure implementation of grant- funded projects in compliance with the grant requirements and grant contract provisions. • Administered Federal and State grants; prepared the grant fact sheets to disseminate grant information; tracked contract commitments and expenditures; prepared project progress and financial reports; responded to the grantors’ inquiries concerning grant co mpliance issues; performed the grant closeouts; and responded to the audit requests. • Tracked grant balances; reviewed proposed changes to the project scope to ensure consistency with the funding agreements; reviewed and validated the eligibility of project budget reallocations by fund source and by project; and ensured the grant records being updated with a documented audit trail. • Performed timely and comprehensive analysis of capital budget versus actual expenditures at the project level and program level, and performed monthly, quarterly, and year-end reconciliations. • Maintained detailed grant records on all capital projects to ensure accuracy and integrity of the accounting records in the Oracle Financial System and reconciled the grant records. • Participated in various cross-functional meetings and task forces within the agency to address capital budgeting, financial analysis, allocation initiatives, and other funding and capital activities. Senior Capital Planning Specialist, Alameda-Contra Costa Transit District, CA • Worked with project managers to develop project scope, budget, financial plan, and delivery schedule to ensure the award of grants; prepared environmental documents for categorical exemptions; and managed the grants by closely working with the funding 544 Proposal to Provide Grant Writing and Advocacy Services 29 agencies to ensure implementation in compliance with the grant requirements and the government regulations. • Led agency’s capital planning process and developed long-range capital improvement programs (Regional Transportation Plan, county’s State Transportation Improvement Program, Countywide Transportation Plan and Measure B Reauthorization Expenditure Plan) and short-range capital plans. • Administered agency’s federal grant programs (2006-2011) and state grant programs (1995- 2010); developed grant proposals, prepared grant applications, coordinated with the funding agencies to expedite award of grants; and performed post- award grant management. • Communicated regularly with the agency Board of Directors and Executive Staff regarding funding issues, prepared and presented reports and Board items, and performed policy and financial analyses at the request of the Board Directors and General Manager. • Provided fiscal oversight of the grant implementation, set up grants in the PeopleSoft Financial System, tracked funding commitments, reviewed and validated requisitions, monitored grant expenditures and balances at project level and in aggregate to ensure grant implementation on budget and on schedule, prepared project progress reports and financial reports. 545 Proposal to Provide Grant Writing and Advocacy Services 30 James Klueber, Senior Grants Analyst James started his career as an analyst specializing in various water resource investments and is very familiar with Californian water law, water systems, federal/state/local management plans, and water infrastructure. He is a team player and brings his can -do attitude to work every day. Currently, his primary role at ESS is to provide grant compliance monitoring, QA/QC support for all grant applications and funding opportunities. His work ethics coupled with his passion for helping build stronger communities is demonstrated in his work and aligns with our ideals and qualities at ESS. James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates. Relevant Experience Local Partnership Program (LPP) Grant, City of Carlsbad and Long Beach, CA Responsible for final QA/QC during the LPP grant writing process and assisted with various research, mapping, and other tasks in order to submit the application fully and promptly. FEMA/CalOES Grant Applications, Cities of Pasadena, Sacramento, Belvedere, Oceanside, CA Responsible for preparation of supporting documentation and estimates for a variety of projects including seismic retrofit of Dam structures, City Hall and parking structure, bridge, reservoirs, and a sea wall project that met the approval of CalOES. BOR WaterSMART Drought Resiliency Grant, Long Beach Water Department, Santa Clarita Valley Water Agency, City of Santa Ana, City of Sacramento, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding. BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks to submit the applications fully and promptly. He worked on 6 applications simultan eously for this opportunity. Applications ranged from $500,000 - $2 million federal grant funding. Department of Water Resources, Multibenefit Drought Grants Program, City of Petaluma, Fort Bragg and San Bernardino Municipal Water Department. James assisted the City of Petaluma, Fort Bragg, and San Bernardino with several Department of Water Resources Multibenefit Drought Grant applications. The City of Petaluma received Education: MS, Environmental Sciences & Management, Cal Poly San Luis Obispo, CA (2023) BS, Environmental Economics & Policy, U.C. Berkeley, CA (2018) Years of Experience: 6 546 Proposal to Provide Grant Writing and Advocacy Services 31 funding for a recycled water line implementation project and an Advanced Metering Infrastructure project totaling $11.5 million in funding. SBMWD received $2 million in funding for an Advanced Metering Infrastructure Project and City of Fort Bragg received $20 million for two conveyance and storage projects. Drinking Water State Revolving Fund Compliance Services, Santa Clarita Valley Water Agency Responsible for SWRCB SRF compliance requirements for a $3.9 million water transmission line project including reimbursement requests, progress payments, AIS, DBE, and prevailing wage requirements. Clean and Drinking Water State Revolving Fund, Cities of Sacramento and Carlsbad, Valley Sanitary District, CA James has prepared and submitted CWSRF and DWSRF applications via FAAST to upgrade various components of wastewater and water systems ranging from $4.5 - $35 million projects. 547 Proposal to Provide Grant Writing and Advocacy Services 32 Savannah Regan, Project Engineer/Grant Support Savannah graduated from San Diego State University in May 2022 with a B.S. in Environmental Engineering. Savannah is proficient in grant research and analysis of complex grant guidelines to match with project elements. She is now applying her engineering background for technical writing to assist ESS on various State and Federal grant applications, cost estimates, and QA/QC measures. She is the lead project engineer for all water or environmental based projects. Savannah is also skilled in 2-D and 3-D drawings and providing grant related supporting documents. Relevant Experience Multiple Parks and Recreation Projects, City of Santa Ana, CA Savannah has been responsible for submittal of multiple applications for grants including Urban Greening, LWCF, Clean California, Environmental Enhancement and Mitigation Program, and habitat conservation fund. Bridge Rehabilitation Projects, Cities of Long Beach, Pico Rivera and Oceanside, CA As the project engineer, she was responsible for assistance with the technical writing of the City’s applications for the Department of Transportation’s Bridge Investment Program. Multiple roadway projects, City of Carlsbad, Carlsbad, CA As the project engineer, she has been responsible for assistance with a variety of projects such as pedestrian safety, roadway realignment, mitigation of climate change impacts. In addition, she was responsible for drafting CAD drawings for the street’s existing and proposed typical sections. Shipley Nature Center Trail Restoration Project, City of Huntington Beach, CA As the project engineer, she was responsible for preparing the City’s application to the Recreation Trails Program. The application consisted of engineering, environmental sustainability, and environmental justice technical writing. Project Engineer/Grant Writer, Various Projects, City of Paradise, Seal Beach, Fort Bragg, CA As the project engineer, she was responsible for preparing the Cities’ applications for the State Revolving Fund. This included the preparation of the Engineering Technical Report, cost estimates, and schedules. Project Engineer, Various Projects, County of San Diego, San Diego, CA Savannah has been the contact person for various department of the County and has successfully worked on grants for planning, transportation, sustainability, climate change, broadband, fire prevention, and parks and drought related grants. Education: BS, Environmental Engineering, San Diego State University, San Diego, CA Years of Experience: 3 548 Proposal to Provide Grant Writing and Advocacy Services 33 D. Proposed Method to Accomplish the Work Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City’s Project Manager to mold the City’s project components, to maximize eligibility and ranking under various funding programs. We have the unique ability to distill and convey complex project information into funding agencies’ specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. Similarly, our experience with grant administration has enabled us to see another side of grant acquisition, wherein we can capitalize on this knowledge. Our process ensures that City staff time is limited to as much time as they would like to be involved in the process. Our request for City staff involvement is during the kick-off meeting, providing project information, and review of draft and final applic ation. We will research all available information before reaching out to the City staff to make sure optimum use of staff time. Below describes our detailed scope of work for each task identified in the scope of work. Task 1. Funding Needs Analysis Once a notice to proceed has been issued by the City, Sudi Shoja will arrange a kick-off meeting with the City’s Project Manager and appropriate ESS staff to review and discuss the City’s project priorities, including projects specifically mentioned in the RFP and CIP. Sudi will serve as the Project Manager and the point of contact for the City. She will assign task managers and grant writers as needed (if multiple pursuits are followed at the same time) to best meet the project deadlines. We believe that one of our most important tasks is to work with the City to position the projects for maximum ranking for various grant opportunities. ESS is well qualified to achieve this goal as our staff not only been responsible for similar activities in their former positions, but they also have developed strong relationships with the funding agencies that allow us to learn about funding goals for future cycles and present them to our clients. Working with the City Project Manager, we will review and discuss the current status of projects, available funding, established priorities, project planning and design status, management preferences and regulatory requirements. With our thorough knowledge of available and historical funding opportunities and our technical expertise in managing similar programs, we will be able to recommend a strategy and ranking of projects for funding pursuits. Based on our experience, we will also be able to offer cost-saving measures such as multi-year grants on a program level in lieu of individual projects that will reduce the regulatory burden of managing various funding agreements and the cost of preparation of applications and compliance monitoring. ESS believes the City will be best served by working together to create a strategy that enables us to write winning applications that will maximize funding for the City while minimizing the administrative burden on the City staff. ✓ Developed a funding plan for the City of Santa Ana that identified more than $25 million in grant funding in water, recycled water, and sewer projects and has delivered multiple successful grant applications for the City. 549 Proposal to Provide Grant Writing and Advocacy Services 34 ✓ Review of City of Hemet’s bond options and developing a funding strategy resulted in savings of more than $13.5million for the City. In addition, analysis of the City’s CIP program and the unfunded list of projects resulted in identification of more than $28 million in funding. ✓ Working with the County of Orange, we recommended a strategy that resulted in submittal of an additional successful grant application for the same project, almost doubling the amount of funding County was expecting to receive. Deliverable(s): • Recommendation for Project Priority List with financial breakdown and timeline with pertinent information for funding pursuits. The complex and elaborate process of obtaining funding can delay the ability to act. Our comprehensive knowledge of the funding process helps us conceptualize and develop an appropriate action plan, thereby maximizing success. We will identify eligibility req uirements, availability of funding, terms, conditions, and other key parameters. Our step-by-step process to a successful application is shown in the following flow chart: Task 2. Grant Funding Research Identification of Grant Resources ESS team members keep up to date with the available Federal and State level funding alternatives for many types of grants, including economic development, library improvements, parks and recreation, public safety and disaster recovery, public infrastructure capital projects/maintenance, sustainability programs, electric vehicle procurement and charging, and transportation/street rehabilitation projects. We attend various funding fairs, participate in 550 Proposal to Provide Grant Writing and Advocacy Services 35 providing input to guidelines for funding opportunities, and are subscribed to receive notices on available funding. ESS subscribes to various grant resources and will use this service to identify funding opportunities. Established Relationships with Funding Agencies We understand that successful grant funding consists of two-thirds planning and one-third writing. With that in mind, we pride ourselves on our close relationships with funding agencies. Those relationships, plus appropriate and meticulous planning, allow us to obtain key information about the successful awarding of grant funds. One of the tactics used to ensure this strategy’s success is to identify opportunities for in-person meetings with the funding agency when we are initiating a pursuit. We know this approach provides results from experience. ✓ ESS arranged for a meeting with BOR to discuss LBWD projects in advance of the grant application announcements. ✓ ESS was aware of the additional grant funding available to the SWRCB and as such aligned the submittal of its applications such that they were well ahead of the competition and received the due attention. ✓ When applying for stormwater grants for Coachella Valley Water District, ESS arranged a conference call with EPA staff to discuss the two top-priority projects for the District and receive key input from grant funding project managers. We have established relationships with the following agencies: • California Department of Parks and Recreation • US Department of Commerce – Economic Development Administration • Caltrans/US DOT • US Energy Commission • CA Public Utilities Commission • FEMA/CalOES • Environmental Protection Agency • Air Quality Management District (AQMD) Various Conservancies and non-profit advocacy organizations Once a project prioritization list is developed, w e will then use our extensive experience to match the City’s projects with the available funding options and develop a matrix of all potential funding alternatives specifically to match the City’s projects that will serve as a tool for the project team and the City staff to use. As an example, our team members have been providing the available grants services for water and sewer projects to WaterReuse members on a regular basis and will continue to provide this information for this contract as well. Information could look like the following table, based on projects: Local, State, and Federal Funding Opportunities PROGRAM Total Allocation Funds Offered this Round Purpose Eligible Projects Status Anticipat ed Timeline Notes SWRCB Stormwater Implementati $200M $80M Multi- benefit SW Impleme ntation projects Round 1 OPEN TBD 2018: Round 2 Planni ng grant 551 Proposal to Provide Grant Writing and Advocacy Services 36 on Grants/ Proposition 1 projects that respond to climate change, & are included in an adopted SW Resource Plan or IRWMP facilities includin g but not limited to: Green infrastru cture; SW capture; SW treatmen t solicitatio ns for implement ation grants solicit ation closed in March ($20M ) additio nal round of $100 M for imple mentat ion grants anticip ated DWR Water Use Efficiency: CA Revolving Fund/ Prop 1 $10M $10M Sustainabl e funding source for urban water use efficiency projects. Dish/clot hes washer upgrades ; Water- saving plumbin g fixtures; Hot- water recircula ting pumps; Leak detection , irrigation upgrades ; Solicitation opening soon Summer 2017: Loan applicatio ns due $5M for loans to local agenci es for water efficie ncy upgrad es; $5M for loans to custo mers for onsite project s or leak repairs DWR IRWM: Implementati on Grants/ Prop 1 $418M state-wide $98M for LA Region TBD Projects and programs that support IRWM. Surface storage/ GW recharge; Water conveya nce; In developmen t TBD: Round 1 solicitatio n for implement ation grants Public comm ent period ended April 552 Proposal to Provide Grant Writing and Advocacy Services 37 We will evaluate the projects, review eligibility and potential project ranking, and provide recommendations to the City Project Manager, so that all relevant information is easily available to choose which grants to pursue. ✓ Our analysis of the unfunded plans of a project for the City of Palm Springs allowed us to recommend alternative grant opportunities that resulted in submittal of two additional successful grant applications, with $5.1 million awarded. ✓ Review of City of Downey CIP program and unfunded list of projects resulted in identification of a grant programs for the City for up to $8 million in funding. Deliverable(s): • Funding Matrix identifying all available funding for the City’s Projects • Updated Funding Matrix on monthly or as-needed basis Task 3. On-Call Grant Research ESS will also perform on-call grant research for funding opportunities identified by the City to serve as potential funding sources for its projects beyond the types of Projects listed in the RFP. Task 4. Grant Writing/ Grant Proposal Development Reviewing Application Guidelines Once a funding source and a pursuit have been identified, ESS will arrange for a kick-off meeting and will come prepared with a Work Plan Structure (WPS), which is a matrix of the fund parameters and is essential to project management throughout the grant writing and submission process. ESS prepares a WPS for all funding pursuits based on the detailed analysis of the Notice of Funding Opportunity (NOFO) and funding source guidelines. The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources and areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool for both the City staff and ESS team members to track the project progress and alignment with the funding. When developing the WPS, ESS will also note the implementation constraints that may have an impact on selection of the project elements. For example, most funding sources require that a grant agreement be in place prior to the start of construction. ESS will work with the City Project Manager to identify solutions and/or assist with reprioritization of the grant applications to meet the requirements. Topics commonly found in the WPS include: • Eligibility criteria • Matching funds • Budget needs • Maps and pictures • Project programming requirements • the City’s prior grant management record • Submittal requirements • Evaluation criteria • Resolutions and approval letters required from the Board of Directors • Technical reports: Benefit Cost Analysis, Environmental Reports, Life Cycle Analysis Watersh ed restorati on/prote ction 8, 2016 553 Proposal to Provide Grant Writing and Advocacy Services 38 • Project readiness: CEQA status, Feasibility studies, Project design reports • Support documentations: certifications, forms, project reports A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout every project. Deliverable(s): • Work Plan Structure for the identified grant pursuit, such as the example below: • Application template and application package checklist Reviewing Program and Project Documents The first step for our targeted approach is to develop a full understanding of the project elements, project milestones, and available project reports. We will also study the previously awarded projects from the funding agencies and learn about the key points that may be overlooked for their simplicity. In developing the WPS, we will identify the primary and secondary evaluation criteria to help highlight the project strengths. We will work closely with the City Project Manager to identify the potential gaps, analyze alternatives, and recommend resolutions to minimize their impact. ESS shall ensure that all applications prepared are competitive and responsive to the screening and scoring criteria for the pursued grant. With this approach, ESS has added value for our clients: ✓ ESS recommended re-strategizing of funding pursuits for four projects for the City of Santa Ana resulted in identification of additional $10 million in grants. ✓ Review of City of Commerce projects resulted in changing the scope of work and a successful award of more than $1 million. Requirements BY Schedule 3.2 Project Description Template Project sponsors must provide descriptive information on the proposed Small Starts project and the regional public transportation system. FTA uses the information in the Project Description Template to understand the project and to establish a database of project characteristics and local contact information. All Small Starts project sponsors must submit ESS Week 1 3.3.1 Project Identification 2-3 sentences on the essential characteristics of the proposed project (location, length, termini, number of stations, hours of service and frequency by time period)Week 1 3.3.5 Purpose of the Project Succinctly describe the specific ways that the proposed major transit investment will address the problems identified in the corridor. Week 1 3.3.6 Merits of the Project Describe how the project addresses the Purpose for the Project more effectively compared to other alternatives week 1 -2 3.4 Project Maps Week 1 3.4.3 Map Details: Stations Stations included in the project, marked in a distinguishable manner from existing transit stations and labeled. Stations with park & ride facilities should be further distinguished from others, either via markings or labels. ESS Week 1 3.4.9 Map Details: Legend A legend, scale and compass.ESS Week 1 3.6 Operations and Maintenance Costs 3.7 Capital Costs ESS Week 2 4.3 Cost Effectiveness Need to put in Trip information; Horizon Year; the project's annualized federal share. See Page 16-17: FY18 Reporting Instructions for the Section 5309 Small Starts Criteria. ESS/City Week 2 ItemA2:H3 1.0 Introduction 3.0 General Reporting Must submit to FTA documentation summarizing how operating and maintenance costs were developed. Additionally, the following considerations apply: • System-wide and route level operating cost data (and factors) are typically available as part of ongoing operations planning. Electronic maps must be submitted for inclusion in Annual Report on Funding Recommendations and/or posting on FTA website. Maps should be 8.5x11 and be able to be copied in grey scale. Typical orientation for N/S is portrait and E/W is landscape. 554 Proposal to Provide Grant Writing and Advocacy Services 39 ✓ Detailed evaluation of the grants has enabled us to advise the agencies if the project is not competitive and resulting in cost savings by not preparing grant applications. WRITING-TO-WIN Approach What sets us apart is that our grant writers are licensed technical experts in this industry and therefore have the ability to convey complex project information into the specific format of a grant application. Using a targeted approach to analyze objectives and match goals to opportunities provides us with the details we need for our writing-to-win approach. Once a funding strategy is in place, the next challenge is to create a winning application. ESS brings its proven track record in creating an application package that will stand out among hundreds, highlighting the project’s merit in full compliance with the instructions and limitations. This approach uses a high degree of expertise and creativity. ESS understands that impactful illustrations transform well-researched information into powerful persuasion. ESS has used the clarity of graphics and schematic drawings to show grant evaluators the client agency’s expertise and vision: ✓ For a Department of Water Resources grant, ESS provided pictorial highlights of the project’s energy-efficiency benefits matching the goals of the grant. ✓ For a cap-and-trade grant to reduce GHG emissions, ESS replaced the executive summary with graphics highlighting projects matching the grant focus. This resulted in an award of more than $9 million. ✓ For another project, ESS used an AQMD pollution map as a base and plotted all of the appropriate, completed energy-efficiency projects. ✓ ESS application was ranked as one of the best and posted on FHWA website. FHWA asked Sudi Shoja for input and used the table format created by ESS in a grant application as a requirement for future cycles. Compile and Review Project Information/Identify Missing Project Data Depending on the grant requirements, ESS will work with the City Project Manager to receive the available technical studies, environmental documents and plans and specifications. We will then use our highly experienced team members to complete the technical write-up sections of the grants. As needed, and upon the City’s direction, we will be prepared to perform additional technical research and analysis to supplement the effort. The ESS engineering team has been directly responsible for implementation of various CIP programs for transportation and street improvements, water and sewer projects and facility management and will bring their expertise to articulate the technical inform ation of the grants. Our expert grant writers will review the project documents to highlight the project’s strengths matching the grant goals to achieve maximum ranking of the application. ESS will compile and/or develop all relevant project information and exhibits, including but not limited to project cost estimate, funding plan, narrative, project’s benefits, and other information and data, graphics, maps, charts, tables or photos pertinent to the funding program requirements and In one example of a successful utility project, the technical application for the $103 million project received no comments and was approved in record time. 555 Proposal to Provide Grant Writing and Advocacy Services 40 evaluation criteria in order to produce a competitive application. ESS will also identify any missing information and/or data needed from the City in order to complete the project application. ✓ The complex FEMA applications prepared by ESS have been approved by CalOES for funding by FEMA. ✓ ESS prepared a successful and highly technical grant application package for San Bernardino County Transportation Authority, providing detailed GHG reduction calculations, trip generation interpretations, and available technologies for alternative fuel that resulted in a $30 million award. Budget Analysis and Construction Planning The ESS team will assist the City in identifying qualifying information to meet grant requirements for budgeting and construction planning. Budgets need to demonstrate project flexibility and scalability to make the grant applications more attractive and create opportunities to apply again even after a successful application’s award. Some areas of focus will include: • Qualifying matching funds • Budget scalability • Scheduling details • Implementation requirements for allocation purposes Support Letters Often, this aspect of a grant application is given only cursory attention and proves to be invaluable. At ESS, these potentially undervalued areas are key endorsements that ESS crafts in close cooperation with clients. ESS will recommend stakeholders to co ntact and will draft focus points that align with key ideas in the narrative and grant criteria so that support letters send strong, targeted messages. Grant Application Review and Approval Process For every project, ESS will assign a QA/QC manager, which is an important factor of a successful grant application. We will use our internal grant checklist to ensure the application package is ready for submittal. This process will follow the WPS and an internal guide for editorial quality. To ensure grant applications are completed efficiently, ESS will arrange a meeting with the City Project Manager to answer questions, finalize budget, and schedule concerns and to further align the project with the grant goals and objectives. All final grant application packages will be submitted to the City for review and approval prior to submittal to the granting agency. Deliverable(s): • Draft grant application package for City’s input • Final grant application package for submittal • Status report on grant applications submitted 556 Proposal to Provide Grant Writing and Advocacy Services 41 Technology Many funding agencies have online grant submittal and management tools, including the DWR Bond Management System (BMS), California’s Grants Review and Tracking System (GranTS), the State Water Resources Control Board’s Financial Assistance Application Submittal Tool (FAAST), the federal government’s www.grants.gov website and the online submittal platforms for IRWM. BOR BMS FAAST IRWM GranTS Grants.gov Furthermore, our team routinely performs grant management and administration services for funding by various agencies that utilize some of the same portals. Deliverable(s): • Submitted application packages for the City’s records • Submittal confirmations for the City’s records Cultivating partnerships with other organizations Both Sudi Shoja and ESS’s Project Managers have extensive experience in managing multi - jurisdictional projects on behalf of various agencies. They have been able to create synergy between different clients to benefit all agencies and winning applications. After submittal of each grant application ESS stays in close communication with funding agency project managers to learn about the application status and provide any additional information to enhance project clarity. ✓ We have been leading the efforts for Chino Basin Water Conservation Authority to partner with Inland Empire Utilities Agency on two application projects, recently funded by MWD. ✓ ESS arranged for support letters from other utility agencies to support the Coachella Valley Water District grant application and coordinated the effort to obtain results of a demonstration project benefiting all agencies in hot arid regions. ✓ ESS worked directly with Cal OES’ project manager on behalf of Turlock Irrigation District that resulted in successful application approval for $17 million grant. Deliverable(s): • Record of conversation with funding agencies • Response to questions asked by funding agencies Disadvantaged Communities Many funding opportunities allocate a certain percentage of the funding to projects benefiting disadvantaged communities (DACs) and therefore, it is imperative that the need and applicability is effectively demonstrated. For example, grants funded by the federal government must meet the Justice40 Initiative which aims to provide at least 40% of available funding to benefit the DACs. Claiming benefits to DACs requires documentation and substantiation of meaningful benefits, as well as explanation of the methodology used for assuring accomplishment of those Demonstration of low-earning jobs in cities of San Bernardino and Redlands for a successful award of more than $9.2 million 557 Proposal to Provide Grant Writing and Advocacy Services 42 benefits. This identification must be based on geographic (i.e., CEJST mapping tool), socioeconomic, public health, and environmental hazard criteria (Health and Safety Code Section 37911). ESS is acutely familiar with researching geographic equity and the degree to which the City’s DACs would benefit from a project. ESS will work with the City staff to identify projects in these communities and highlight the benefits in order to win the grant funding. ✓ A successful application for San Bernardino County Transportation Authority demonstrated 41 DACs in the area. Task 5. Grant Administration Grant & Contract Management Support 1. Grant Management Support ESS has provided grant management and compliance monitoring services for federal projects on behalf of several agencies since the start of our company. As you will read in the subsequent sections, ESS’s approach to grant management and compliance monitoring is holistic and ensures that all management and compliance tasks are met efficiently and promptly. Our approach can be broken down into the below general tasks which are as follows: 1. Grant Management and Development of Work Plan Structure (WPS) for each phase 2. Compliance with all applicable federal, state, and local regulations 3. Technical Narratives for basis of the projects including scope of work as it corresponds to the funding requirements, damages incurred, cost and schedule. 4. Develop templates for project reporting needs to streamline the process. 5. Reimbursement Requests for all eligible costs and all the FEMA required forms. 6. Progress Reports as need to include narratives on scope of work, budget, and schedule. 7. Grant closeout process 8. Record retention and audits Kick-off Meeting and Development of WPS for Grant Management and Compliance Summary of our general services for grants management is presented below: Once a notice of intent to award has been issued, ESS will arrange for a meeting and will come prepared with a WPS, which is a matrix of Federal (e.g., Buy America), State, and local compliance parameters. ESS prepares a WPS for all grant fund management efforts based on the detailed analysis of the grant guidelines and the executed agreement. The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources, and areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool for both the City and ESS to track the required information and timing for full alignment with the funding conditions. Topics commonly found in the WPS include: 1. Funding: Funding agreement and related correspondence, and deadlines 2. Internal Controls: grant policies and/or internal control procedures 558 Proposal to Provide Grant Writing and Advocacy Services 43 3. Contracts: advertising for the construction contract, contractor selection process and contracts, and all related documents 4. Invoices: Original vendor requests, identification of eligible and ineligible budget items, required back up documents, change orders, approvals, reimbursement requests 5. Accounting Records: Receipts, deposit slips, cancelled checks, bank statement ledgers for receipts and disbursements. 6. Administration Costs: Contract and City personnel working on the project, timesheets, payrolls and supporting documents. 7. Schedule: Project timeline, progress reports and reimbursement due dates leading to the grant deadline along with timelines for receiving the back-up documents 8. Other: other related items such as photo documentation and as -builts 9. Meetings: ESS will propose monthly conference calls to learn about project status, update the schedule and budget as needed and review upcoming deadlines A sample segment of a WPS is below. It is organized for clarity and is an invaluable reference tool that is used throughout the project compliance period. We will add the information gained at the kickoff meeting to the WPS. We will also request a meeting with the funding agency’s grant representatives to discuss expectations and next steps. We will repeat these meetings periodically and specifically after the first submittal to gain feedback and restructure our process if needed. Grants Agreement Assistance Many funding agencies including BOR require substantiation of cost estimates provided in the application and confirmation for the proposed milestones. ESS will work with the City and funding Agency’s Grants Specialists to develop the agreement terms to meet the Project goals while meeting agency requirements. NEPA Clearance 559 Proposal to Provide Grant Writing and Advocacy Services 44 If desired, ESS team members are available to assist with NEPA process that needs to be completed before the start of the construction Deliverable(s): • Work Plan Structure for the grant with tabs for agency records • Meeting agendas • Meeting minutes and updated WPS according to the input received in the meetings. ✓ ESS provided a thorough review of agreements with BOR for LBWD, identifying the sections that need to be added to construction documents. ✓ ESS has been providing compliance-monitoring and reimbursement services for City of Palm Springs’ $29 million wastewater treatment projects. In the final audit by the SWRCB, ESS was complimented by the auditors and received full approval of its processes. ✓ ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources. 2. Compliance with Grants Conditions, Federal, State, and City Regulations Compliance with Grant Conditions, Federal, State, and City Regulations Bid Procurement Assistance ESS team members are thoroughly familiar with the requirements of all the funding programs’ policy and agreement details. ESS has experts on the Code of Federal Regulations (CFR) requirements and ESS will guide the procurement and other compliance measures to be followed throughout the life of the project. They will provide the required narratives to be included in the procurement documents and will review the final package before their release. Prior to advertising for the construction bids: • ESS will provide the specification sections that need to be included in the bid documents. • ESS will verify if a new Federal Wage Determination is issued within 10 days of the bid opening and prepare an addendum as needed. • ESS will assist in preparation of responses regarding questions that may come up during bidding Contract Award ESS will use its extensive experience in construction management to assure a successful award of the contract: • Provide a comprehensive review of the bids for labor compliance, and good faith effort to assist in the assessment of contractor’s responsiveness. • Review the bid package for compliance with other funding agency’s requirements such as BABA and the required certifications. • Conduct contractor eligibility check before contract award. 560 Proposal to Provide Grant Writing and Advocacy Services 45 Deliverable(s): • Specification sections and addenda as needed. • Bid review results. ✓ Our experience as former agency managers coupled with our expertise in managing BOR and other federally funded projects will guarantee full compliance for the project. Grant Management As mentioned in the previous section, ESS will work with the funding agency to ensure that all grant requirements are identified and achieved through a multistep process. Pre-Construction Meeting We will request to be added to the pre-construction meeting agenda and will come prepared to provide the contractor and the construction management team with relevant information about the state/federal compliance and discuss a process to meet all the requ irements. ESS will also support the City in other related requirements such as getting approval for Project sign. Deliverable(s): • Documentation process for compliance with AIS, DBE and prevailing wages • Review of Project sign template Reimbursement Requests ESS is thoroughly familiar with the types of information needed to complete the semi-annual progress report, reimbursement requests. Depending on the grant agreement details, we are prepared to start the reimbursement process by: 1. Process the budget forms that need to be approved by the funding agency’s management to allow for processing the reimbursements. 2. Process the reimbursement request for planning and engineering expenses if stipulated in the agreement 3. ESS will request a copy of the invoices approved by the construction management team. 4. ESS will review the invoices for eligible vs. ineligible expenditures and prepare reimbursement forms accordingly and submit for City review and signature. ESS will request the appropriate back up documents for all the eligible costs such as approved change orders. Deliverable(s): • Draft Reimbursement Requests for review and signature • Submittal of finalized reimbursement requests to funding agencies. ✓ ESS has been processing reimbursement requests for a $50 million SRF funded project without receiving comments or delays in payment for an agency with limited cash flow. Progress Reports 561 Proposal to Provide Grant Writing and Advocacy Services 46 As it is demonstrated in this proposal, ESS team members have extensive experience preparing progress reports on behalf of various agencies. We will utilize our hands-on project management process to develop the progress reports in a professional and consistent manner meeting the funding agency’s requirements. The following will be our proposed approach to receiving, storing and organizing information, and submitting progress reports, however, we remain flexible to meet the City’s preferred process: 1. ESS will request a copy of the weekly meeting minutes prepared by the construction management team. 2. We will then draft a progress report based on the information gained from the weekly meeting minutes, approved progress payment and change orders. 3. ESS will then set up a conference call with the City’s Project Manager to ask questions and review the categories on the template to gain additional information to complete the draft report accordingly. This meeting time will allow all the questions to be answered in the most efficient manner versus over several correspondences. Following this process has proven to relieve our clients from dedicating extensive time to provide detailed information. 5. ESS will finalize the progress report based on the City’s comments. All progress reports will need to have a complete photo documentation that will be added to the final document. 6. We will review the draft final form for compliance with all funding agency requirements. ESS will then send the final draft version to the City for review and approval. 7. Once the progress report is approved by the City, ESS will request a signature and will submit the documents to the funding agency. All project progress reports will be submitted through the respective online portal or unique submission process. ESS will create an archive of all the submitted documents and any review comments that may be received from the funding agency. The progress reports are due semi-annually and require the following information: a summary of progress including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed; a description of compliance with environmental requirements; a listing of change orders including amount, description of work, and change in contract amount and schedule; and any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions. Environmental Compliance ESS will review the environmental documents and include all the compliance measures in the WPS for tracking purposes. ESS will note the documentation for meeting the compliance requirements as they are developed and keep all the records that will be used i n progress reports, final close out and audit sessions. Schedule for Report Submission The WPS will include a schedule for submission of the required progress reports, final reports, and invoices. This schedule will also include dates for reminder notices that will be sent to City staff for the required information to meet the grant deadlines. Deliverable(s): 562 Proposal to Provide Grant Writing and Advocacy Services 47 • Checklist of information needed to complete draft Progress Reports will be sent with reminders for upcoming deadlines • Draft progress reports with updates on environmental process • Finalize progress reports and submit to the funding agency ✓ ESS will take the full responsibility for all timelines and reminders to meet the grant requirements. ✓ ESS Project Managers bring their extensive experience on similar projects to create the project documents and develop accurate and credible progress reports. AIS requirements ESS will also review all updated AIS requirements and will identify all project components that are required to comply with AIS based on the contractor’s cost items and components. ESS will continuously check submittals of project components to ensure that all relevant steel products have the required AIS certificates and will communicate De Minis requirements for minor components in the project. Deliverable(s): • List of Project components that are required to comply with AIS and provide template of required AIS certificate • Continuous monitoring of Project submittals to ensure products purchased have the required AIS certificates Labor Compliance to meet Federal Requirements While the project has to meet federal requirements, it also has to abide by the State Department of Industrial Relations requirements. ESS will review the contract documents for applicable wage determination and will discuss posting the required information on site with the project inspectors. Certified Payrolls including all subcontractors will be requested. In addition, contractors will be required to provide documentation about apprentice certifications and labor union agreements as needed. ESS will coordinate with the City inspector and provide all the forms and reminders to perform the monthly interview of all labor classifications. Deliverable(s): • Review certified payroll, fringe benefits, and various labor unions for the contractor and the subcontractors on the project to meet the wage determination applicable to the project • Review of employee interview & comparison with certified payroll • Follow up on any incompliance or inconsistencies. ESS will set up tracking documents and will let the construction management team know of any non-compliance matters in a timely manner. • ESS will support the team in filling out the required forms as needed. Project Closeout ESS will prepare the closeout documents according to the funding agency’s closeout guidance. ESS will work with the agency to facilitate a site inspection visit so they can prepare an inspection report. ESS will also include copies of audit reports performed to date as part of the 563 Proposal to Provide Grant Writing and Advocacy Services 48 closeout documentation. Environmental compliance and its documentation will be another key subject for the project closeout. In summary, ESS will prepare for the closeout from the kickoff meeting and will compile the information and documentation collected through the life of the project to complete the closeout document. ESS will make sure that all the funding agency comments (if any) are addressed within the designated time. Project Documentation As it is noted above, the WPS will include all the project compliance requirements including Federal, State and City requirements, environmental compliance measures along with details and checklists for progress reports, reimbursement requests and project closeout. The WPS will guide both the City staff and ESS in meeting all the requirements and provide a timeline for managing the grant agreement. Using this comprehensive checklist developed by our federal funding agency experts will allow us to notify the City of any issues in a timely manner and reconcile as needed. Depending on the City’s preferences, ESS will create a secured shared-drive folder to provide access for all the documents. Additionally, ESS will format the shared-drive folders to meet the federal level audit requirements enforced by funding agencies to ensure optimal organization. Documents will need to be submitted electronically to agencies and record of all submission records will be filed and reported to the City’s Project Manager at submission. The respective online portal will be used for submittal of all reimbursements and reports. Deliverable(s): • Filing system and access information • Submittal confirmations for reports and reimbursement records • Final transfer of grant records to the City in the desired format Audit Preparation and Support As noted above, we will start setting up a successful and stress-free audit from our kick-off meeting. WPS will guide us on where to locate the applicable documents. Upon notice of an audit request, ESS will communicate with the funding agency to learn about the preferred method of reviewing documents: electronic or hard copy submittals. Based on their response, ESS will prepare Audit Books (if paper copies are preferr ed) for each project that will contain the up-to-date information for the audit. Our detailed filing system will allow us to be ready for an audit session at any given time. We will also utilize our audit check list to review the documents needed and prepare for the meeting. Below are some of the details that will be provided: 1. General Grant Requirements: internal controls, organization charts, City procurement policy, grant policies and/or internal control procedures. 2. Grant Agreements: • Grant Agreement: Fully executed grant agreement and amendments (if any). • Correspondence with the funding agency. 3. Project Specific Documents: 564 Proposal to Provide Grant Writing and Advocacy Services 49 • Solicitation process documentation, detailing history of the process, and selection process. • Price/cost analysis, final budget approval form and supplemental documents, final agreement(s), consultant, and construction contracts. Contracts need to include required contract provisions. • Environmental compliance and documentation of mitigation measures • Progress Reports: submitted package along with all the backup documents. • Reimbursement Requests: submitted reimbursement records along with all back up documents and confirmations. Cash Documents: receipts, deposit slips, cancelled checks, and bank statements, Accounting Records: ledgers for receipts and cash disbursements. • Project Completion Reports for approval of work, copies of completed studies and construction documents, final payments and as -builts for the construction phase. • Contractor Invoices: records of all submitted invoices and records of payments by the City • Backup Documents: original vendor requests, identification of eligible and ineligible budget items, back up documents, approvals, reimbursement requests ✓ ESS was complimented by SWRCB and Federal auditors during an audit session for the $29 million wastewater treatment plant for the City of Palm Springs Quality Assurance/Quality Control (QA/QC) Quality Assurance begins with our highly qualified professional staff and project managers. Sudi Shoja will serve as the project manager and the primary point of contact throughout the life of this contract. She will be responsible for coordinating all work products, ESS team assignments, and staff assignments for this project. Although our QA process is not unique, the intensity with which we carry out our QA process is the foundation for our success. We follow three principles: • Do it right the first time: The more accurate the deliverable, the better the control • Avoid surprises: Keep our clients apprised of any potential issues or changes through clear and consistent communication. • Complete the project within budget and on time: Close schedule and cost monitoring keeps the project on track. As discussed above, ESS personnel have been responsible for similar work as employees and as consultants. This ensures that all work products will be consistent, accurately reflect the scope of the proposed project, and appropriately maintain internal cons istency and accuracy. We will use meetings and conference calls as needed during document development to facilitate discussion of issues, reviews of preliminary and administrative drafts, and timely completion of each task. We value the opportunity to serve as your consultant and our commitment to exhibit an exceptional level of transparency, ethics, and customer service is reflected throughout this proposal. Also included in this commitment is our pledge to solicit feedback regularly from the agency staff. 565 Proposal to Provide Grant Writing and Advocacy Services 50 Methods that help assure quality include: 1. ESS uses a proactive method to develop a WPS to outline all the compliance requirements, identify the necessary documents and resources, areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool to track the project progress and alignment with the funding by both City and ESS staff members. 2. Progress meetings and issuance of meeting minutes: ESS expects that the City will make staff roles clear and inform ESS of any preferences in how staff are contacted. 3. Established process for review and final approval of submittals with ample time for the City’s staff. 4. Status report that will include updates on submitted reports and reimbursements. 5. ESS staff are trained to track their time spent on every project accurately and in 15 minutes durations. 6. As a matter of course, ESS includes in all on-call contracts a monthly report that itemizes areas our client would like to see summarized, along with invoices indicating actual times spent. 7. ESS conducts a post-submittal review of the process with City staff to receive input on the completed process and to modify approach to gain maximum efficiency and client satisfaction. We propose to have a review session after the first semi-annual report submittal. 8. ESS will follow up with the funding agency on all submittals and revisit our process as needed. ESS also conducts annual surveys from its clients to find out on how to better serve them. Some of the comments received are shared earlier in this proposal. Task 6. Monthly Reports ESS will follow the City’s directions regarding timing and formatting of monthly status reports and will revise it based on the input received from staff. The status reports in general will identify the following: • Status of grant applications under development. • Submitted grant application details such as amounts, submittal dates and expected notices of funding. • Action items and timelines for tasks needing completion. • Upcoming grant funding opportunities relevant to each project. • Updates on any legislative items or funding opportunity guidelines affecting the City’s funding strategy plan. • Contract control information, responsible party and items needed from the City. • Time spent on tasks undertake during the previous month. • Any other information requested from the City. Deliverable(s): • Comprehensive status report on a monthly basis or as requested by the City. 566 Proposal to Provide Grant Writing and Advocacy Services 51 Task 7. Advocacy Services ESS is also well equipped to provide the advocacy services the City is seeking for this contract. Specifically, ESS will conduct research and analysis of policy issues that relate to the City’s mission and priority projects. ESS will also develop policy positions and advocacy materials to support the City’s objectives. Finally, ESS will also development and implement the advocacy strategy to build relationships with key stakeholders including funders, policymakers, and community leaders. Deliverable(s): • Develop advocacy materials to support the City’s objectives and build relationships with key stakeholders. Task 8. Additional Services (Optional) ESS staff are fully capable of bringing their extensive experience in design and construction of water utilities to provide additional services as needed. As former agency personnel, ESS team members are fully prepared to support the City’s Project Manager with all required analysis, reports, design review and specification sections, cost estimating, preparation of staff reports, and resolutions as needed. Specifically, ESS can provide the following additional services. • Provide design review and prepare specification sections to meet the terms of grant agreements and guidelines. • Assists in preparation of required California Environmental Quality Act (CEQA) • Prepare technical documents to support the grant applications and/or prepare RFP for technical services needed. Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City’s Project Manager to mold the City’s project components to best fit funding opportunities priorities, to maximize eligibility and ranking under various funding programs. SWRCB announced project readiness as a criterion for higher ranking 30 days prior to grant deadline. ESS staff used their technical expertise to prepare specifications on behalf of four agencies that all received the highest ranking and the requested funding. ✓ In a rushed grant application for the City of Santa Ana, ESS was tasked with preparation of all the grant requirement documents including CEQA, cost estimates and direct coordination with SCE and City’s consultants to finalize the technical reports for a successful award from BOR on a hydropower improvement project. 567 Proposal to Provide Grant Writing and Advocacy Services 52 First-Year Schedule and Deliverables Task/Milestone Schedule Key Deliverables Funding Needs Analysis Will occur within first 2 weeks of contract execution • Funding priority matrix Grant Funding Research On-going throughout contract duration. ESS conducts grant research on weekly basis. • Grant summaries once NOFO is released. On-Call Grant Research On-going throughout contract duration. • Grant summaries once NOFO is released. Grant Writing / Grant Proposal Development On-going throughout contract duration. ESS will provide a more detailed schedule once a grant is pursued as schedules will very depending on the grant pursued. • WPS based on funding guidelines and agendas for meetings. • All supporting documents (draft support letters, resolution, project location and DAC benefit maps, budget template in agency format). • Draft of full grant application responses based on information provided by City • Full grant application package and grant confirmation. Grant Administration On-going throughout contract duration. • WPS based on grant agreement • Labor compliance tracker • Draft progress reports for City’s review • Reimbursement request packages for City’s review and signature. Monthly Reports Monthly reports. • Monthly reports based on requested information from City. Advocacy Services On-going throughout contract duration • Advocacy materials to provide to stakeholders such as funding agencies. Additional Services On-going throughout contract duration ESS can provide as-needed technical services to bolster grant applications such as environmental attachments (ie CalEEMOD), technical write-ups, and other technical documents. 568 Proposal to Provide Grant Writing and Advocacy Services 53 E. Fee Schedule ESS proposes an annual not-to-exceed cost proposal of $70,000 based on the below hourly rates. The annual cost is broken down based on the following assumptions: Funding Needs Analysis and Grant Strategy: $6,000 Funding Research (On-going and on-call): $7,200 ($600 per month) State Grants: $30,000 (Assumes 2 state grants written costing $15,000 each) Federal Grant: $26,800 (Assumes 1 federal grant written (not from FEMA/CalOES)). Total: $70,000 All ESS staff track hours to 15-minute increments so we can provide fair and accurate cost for the tasks assigned. Cost increases will follow City’s policy and the acceptable escalation rates. Fee Schedule Position Hourly Rate Principal $218 Project Manager $208 Senior Associate $188 Associate $166 Support Associate $140 Technical Experts $225-280 Reimbursable Cost Reproduction Cost Courier Services Cost Transportation Cost 569 570 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Mariela Salazar, Management Analyst Eric Ceja, Director of Economic Development SUBJECT: APPROVAL OF THE UNITE PALM DESERT BUSINESS EMERGENCY ASSISTANCE PROGRAM (BEAP) RECOMMENDATION: 1. Approve the Unite Palm Desert Business Emergency Assistance Program (BEAP). 2. Authorize Director of Finance to transfer $100,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Business Emergency Assistance Program (BEAP). 3. Authorize the City Manager to modify evaluation guidelines and criteria for BEAP 4. Authorize City Manager to execute all documents required to effectuate the p rogram. BACKGROUND/ANALYSIS: On April 17, 2024, a fire at the Plaza de Monterey Shopping Center destroyed four local businesses forcing them to temporarily close their doors. The fire has had a negative impact on the community, shopping center, business owners, and employees. Business owners are facing financial hardship due to lost revenue, property damage, and the cost of rebuilding. In response, City Staff recommends the implementation of the Business Emergency Assistance Program (BEAP), which provides immediate financial relief to businesses affected by emergencies. The proposed program aims to protect the economic vitality of the City by offering financial support and resources to businesses in need, with the goal of reopening as soon as possible. This program is designed to alleviate some of the financial burdens local businesses face as they rebuild. The City of Palm Desert is committed to supporting the local business community, recognizing that small and medium -sized enterprises are vital to the City’s economic health. Program Design: BEAP aims to cover up to $10,000 in City fees that businesses would typically incur during the rebuilding and recovery process. The City will assist by offsetting city-imposed fees, including but not limited to permit fees and inspection fees. This program will help provide crucial support to businesses in recovery efforts and help sustain the local economy. By offsetting these costs and providing services, the City aims to expedite the recovery process, allowing affected businesses to focus their resources on rebuilding and resuming operations as quickly as possible. In addition, the City will provide businesses with state and government resource s, relocation assistance, expediated permit support, and assistance with job placement for employees experiencing unemployment due to business closure s. BEAP represents a vital step in supporting the City of Palm Desert’s local businesses during times of c risis. By waiving city- 571 City of Palm Desert Business Emergency Relief Program Page 2 of 3 imposed fees up to $10,000, the program will provide essential financial relief, helping businesses recover and thrive. 1. Eligibility Criteria: a. Businesses must be a licensed commercial business located within city limits. b. Businesses must demonstrate they have been adversely impacted by an emergency (e.g., natural disaster, public health emergency, significant building damage requiring a rebuild (fire/flood), and other unforeseen circumstances). c. Priority will be given to small and medium-sized businesses with fewer than 50 employees. d. Applicants must provide documentation to support their request for fee waivers, such as financial statements, tax returns, or other relevant records. 2. Fee Waivers: a. The program will cover various city-imposed fees, including but not limited to building permit fees, inspection fees, and other city regulatory fees. b. The maximum waiver amount per business is $10,000. c. Fee waivers will be granted on a first -come, first-served basis, subject to availability of funds. 3. Application Process: a. Applications will be reviewed by a committee comprised of representative s from the City’s Economic Development Department. This committee will ensure that the review process is impartial and adheres to established criteria. b. Applications must demonstrate direct impact from the emergency, including physical damage or significant operational disruption. Photos, repair estimates, or temporary closure records will be required. c. Applicants must provide documentation to support their request for fee waivers, such as financial statements, tax returns, or other relevant records. d. Approved fee waivers will be applied directly to the City fees related to the rebuild. e. Authorize the City Manager to establish evaluation guidelines and criteria for BEAP. 4. Evaluation Guidelines: a. Criteria for Assessing Impact: Direct Impact: Applications must demonstrate that the business has been directly affected by the emergency. Physical Damage: Evidence such as photos, repair estimates, or documentation of structural damage. Operational Disruption: Records showing temporary closure or significant interruptions in business operations. b. Financial Documentation: Financial Statements: Recent balance sheets and income statements demonstrating financial hardship. Tax Returns: Business tax returns for the previous year to assess overall financial health. Additional Records: Bank statements, invoices, or other relevant records that show the impact of the emergency on the business’s finances. c. Fee Waiver Application and Approval: 572 City of Palm Desert Business Emergency Relief Program Page 3 of 3 Application for Fee Waivers: Applicants must specify the City fees they wish to have waived and provide documentation supporting the request. Fee Waiver Application Process: Applicant must list the requested fees and verify their relation to the emergency. Approval and Application: Approved fees will be applied directly to the rebuilding or recovery efforts. The City Finance Department will handle the application of these waivers. 5. Program Duration: a. The program will be in effect for a period of two years from the date of approval, with the possibility of extension based on the needs of the business community and availability of funding. These funds will be first-come, first-served and are not to exceed the $100,000 budget. Strategic Plan: Implementation of the BEAP accomplishes the following Strategic Plan priorities: 1. Economic Development – Priority 1 – “Expand and raise awareness of business friendly services in order to retain and attract business.” 2. Land Use, Housing, and Open Space – Priority 1 – “Enhance Palm Desert as a first-class destination for premier shopping and nation retail businesses.” Outreach and Support If approved, staff will work with the Public Affairs Department to promote BEAP to businesses. Staff’s approach would be to provide businesses with information of the implementation of this program geared towards emergency assistance. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Staff is recommending an initial budget of $100,000 for this program. It will assist 10 businesses with City fees, not exceeding $10,000 per business. Eligible businesses will receive assistance with City fees, relocation, and resources to ensure a smooth transition. Ensuring a healthy and resilient business community aids in employment and tax generation to support ongoing City services. Funds for this purpose may be transferred from the Business Enhancement Program funds to Account No. 4254430-4393000. ATTACHMENTS: 1. BEAP Guidelines 2. BEAP Application 573 574 UNITE PALM DESERT BUSINESS EMERGENCY ASSISTANCE PROGRAM (BEAP) GRANT GUIDELINES BACKGROUND The Business Emergency Assistance Program (BEAP) is designed to provide financial relief to businesses affected by emergencies by covering up to $10,000 in City fees. These fees typically arise during the rebuilding and recovery process, such as permit and inspection fees. BEAP aims to expedite business recovery, ensuring affected businesses can focus their resources on reopening and resuming operations as quickly as possible. REQUIREMENTS Grantees will be required to do/submit the following: Businesses must be licensed and operating within Palm Desert city limits. Businesses must demonstrate adverse impact from an emergency (e.g., natural disasters, public health crises, significant structural damage such as fire or flood). Priority consideration will be given to small and medium-sized businesses with fewer than 50 employees. Applicants must provide supporting documents such as financial statements, tax returns, or other relevant records to substantiate their request for fee waivers. FEE WAIVERS The program will waive a variety of City-imposed fees, including but not limited to: - Building permit fees - Inspection fees - Other regulatory fees imposed by the City The maximum waiver per business is $10,000. Fee waivers will be granted on a first-come, first-served basis, depending on available funding. APPLICATION PROCESS Applications will be reviewed by a committee from the City’s Economic Development Department to ensure impartiality and adherence to established guidelines. Applicants must clearly demonstrate direct impact from the emergency, such as: - Physical damage (photos, repair estimates) - Operational disruption (temporary closure records) Financial documents, tax returns, and other records will be required to validate the fee waiver request. 575 Approved waivers will be applied directly to the applicable City fees related to the business’s recovery. EVALUATION GUIDELINES Criteria for Assessing Impact Applications must demonstrate direct effects from the emergency. Provide evidence such as photos, repair estimates, or structural damage documentation. Records of temporary closures or major interruptions to business activities. Financial Documentation Recent balance sheets and income statements to showcase financial hardship. Business tax returns from the prior year to evaluate overall financial health. Bank statements, invoices, or other relevant records detailing the financial impact of the emergency. Fee Waiver Application and Approval Process Applicants must list the City fees they want waived and provide supporting documentation. Approved fees will be applied directly to the business’s rebuilding or recovery efforts, facilitated by the City Finance Department. PROGRAM DURATION BEAP will be available for two years from the date of approval. Extensions may be granted based on business community needs and fund availability. The program has a total budget of $100,000, with fee waivers allocated on a first - come, first-served basis. QUESTIONS/INFORMATION Contact Mariela Salazar, Management Analyst, msalazar@palmdesert.gov or 760-776- 6441. 576 CITY OF PALM DESERT DEPARTMENT OF ECONOMIC DEVELOPMENT 73510 Fred Waring Drive, Palm Desert, California 92260 Phone (760) 346-0611 ▪ Fax (760) 776-6417 ▪ bizsupport@cityofpalmdesert.org UNITE PALM DESERT BUSINESS EMERGENCY ASSISTANCE PROGRAM (BEAP) APPLICATION Business/Property Owner Name: Business/Property Owner Address: Applicant/Representative Name: Mailing Address: City: State: Zip: Phone: Email: Need for BEAP funds: Provide a brief description for BEAP funding: 1. Applicants must submit supporting documents for grant consideration. 2. All requirements outlined in the guidelines must be met before receiving funds. Submission: Unite Palm Desert Business Emergency Assistance Program Application must be submitted by email to bizsupport@cityopalmdesert.org or via mail at City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260, Attn: Economic Development Division. Applicant/Representative Signature: By signing this application, I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. Print Name: Signature: Date: Property Owner Signature of Approval (if property owner is not the applicant) Print Name: Signature: Date: OFFICE USE ONLY Date Received: Approved: __ Yes __No Date Approved: 577 578 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development SUBJECT: INFORMATIONAL REPORT ON THE COMPREHENSIVE CLIMATE ACTION PLAN RECOMMENDATION: Receive and file an update on the Comprehensive Climate Action Plan. BACKGROUND/ANALYSIS: In 2022, the City Council outlined Environmental Initiatives as one of eight priorities for the year. In response, staff drafted an Environmental Initiatives Plan (EIP) and strategy to replace the outdated Environmental Sustainability Plan and Greenhouse Gas (GHG) Inventory, which were adopted by the City Council in February 2010 and later updated as part of the Green for Life Program in September 2015. Two of the goals outlined in the EIP are to update the City’s GHG Inventory and consider hiring a consultant to develop a formal environmental initiatives plan. This year, the City was awarded $118,000 in Energy Efficiency and Conservation Block Grant (EECBG) funding from the U.S. Department of Energy (DOE) to hire a consultant to develop a climate action plan. As staff was preparing a report to formally inform the City Council of the grant award and seek direction on the process moving forward, in late June, staff was informed by the Coachella Valley Association of Governments (CVAG) that they were working on a regional Comprehensive Climate Action Plan (CCAP) for which the City would be a beneficiary of. Once the CCAP is completed, which is anticipated in the second quarter of 2025, the City will have an up-to-date GHG inventory and its own climate action plan. This will not only achieve the goals outlined in the EIP but will also make the City eligible for certain grant funding it may otherwise not qualify for. Outlined below are details of CVAG’s CCAP project and next steps for the EECBG funding. Regional Comprehensive Climate Action Plan Last year, the U.S. Environmental Protection Agency (EPA) awarded a Climate Pollution Reduction Grant (CPRG) to the Riverside-San Bernardino -Ontario Metropolitan Statistical Area (MSA), which includes the San Bernardino Council of Governments (SBCOG), Western Riverside Council of Governments (WRCOG), and CVAG. SBCOG, as the contracting agency, hired the consulting services of ICF to complete the deliverables associated with this grant , including a Priority Climate Action Plan (PCAP) and a Comprehensive Climate Action Plan (CCAP). The PCAP for the Riverside-San Bernardino-Ontario MSA was completed in March 2024, and the focus is now on completion of the CCAP for the CVAG region, due in summer/fall 2025. The completed PCAP is available on the EPA’s website. 579 City of Palm Desert Comprehensive Climate Action Plan Informational Report Page 2 of 4 To develop the CCAP, ICF is working with all jurisdictions in the CVAG region to gather data and information to complete individual plans, which will serve as subchapters in the regional CCAP. According to ICF, the plan will include: A 2023 GHG inventory for the region and each jurisdiction in CVAG. Forecasts of GHG emissions and reduction targets to 2030 and 2045. GHG reduction measures for each jurisdiction, building on current climate action planning where appropriate. An analysis of overall benefits, including benefits to low-income and disadvantaged communities. A workforce planning analysis. A review of authority to implement reduction measures. A plan to leverage federal funding (in addition to the CPRG). Community engagement on priorities for reduction measures. Per the CPRG grant program requirements, the CCAP must include: Comprehensive GHG Inventory – Including all GHG emissions and sinks by category for six key sectors: electricity generation, industry, transportation, buildings, agriculture/natural and working lands, and waste management. Quantified GHG Reduction Measures – A full suite of measures from the GHG emission sectors to meet reduction targets. Review of Authority to Implement – An indication of existing statutory and regulatory authority, along with a schedule of milestones for action needed by key entities to obtain necessary authority. GHG Emissions Projections – Near-term (e.g., 2030-2035) and long-term (e.g., 2050) projections, including a "business-as-usual" scenario and a scenario where the CCAP is fully implemented. Benefits Analysis – Quantified estimates of co-pollutant reductions (e.g., PM2.5, NOx, SO2, VOCs, air toxics, etc.) and tracking and minimizing any potential negative effects of GHG reduction measures. Intersection of other Funding – Identification of funding programs that are available or have been secured to pursue CCAP objectives. GHG Reduction Targets – Economy-wide near-term and long-term reduction targets for each jurisdiction, consistent with U.S. commitments to reduce emissions 50-52% relative to 2005 levels by 2030 and reach net-zero emissions by 2050. LIDAC Benefits Analysis – Evaluation of the extent to which GHG reduction measures will deliver co-pollutant emissions reductions and other benefits to low-income and disadvantaged communities (LIDACs). Workforce Planning Analysis – An analysis of anticipated workforce shortages that could hinder the achievement the CCAP goals, and identification of solutions and partners equipped to address those challenges. 580 City of Palm Desert Comprehensive Climate Action Plan Informational Report Page 3 of 4 Next steps for ICF include identifying, developing, and selecting GHG reduction measures , which entails the following: Review of existing plans and previous climate action planning efforts Completion of sector-specific analysis Community and stakeholder engagement Identification of potential measures Prioritization and selection Staff has already provided ICF with the utility data required for the GHG inventory. Additionally, staff has provided ICF with the City’s draft list of potential GHG reduction measures , which was compiled by various City departments. As required of the grant, ICF developed an 8-minute online GHG Emissions Community Survey in both English and Spanish to gather public input. Staff plans to share the surveys via social media, post on the City’s Engage Palm Desert Environmental Initiatives page and send out via email once the City Council is made aware of this project. Links to the survey can be found here in English and Spanish. Staff recently informed the Resource Preservation and Enhancement Committee (RPEC) of this project and assured them that they would have opportunities to provide input on the plan, including reviewing the draft before it is finalized. Staff also clarified that RPEC members would be kept updated on any planned community engagement and, if needed, a special meeting would be called to request their input between regularly scheduled meetings due to the priority nature of this project. For reference, ICF completed a similar multi-jurisdictional plan for the San Bernardino Council of Governments (SBCOG) in 2021. The San Bernardino County Regional Greenhouse Gas Reduction Plan is available for review. EECBG Funding The $118,000 in EECBG funding that was awarded to the City for development of a climate action plan requires expenditure by September 2025. According to the DOE grant manager, the City has two options: 1. We can reallocate the funds to a different energy-related project (e.g., energy audits and retrofits, solar installation, etc.). Staff will be meeting with other departments to discuss project feasibility. 2. Request an extension for expenditure of the grant funding with the intention of hiring a consultant to build off of the City’s subchapter in the regional CCAP to develop a more comprehensive plan, to include implementation, monitoring, and reporting. Staff will continue working with CVAG and ICF to complete the CCAP and will return to the City Council to request direction on the best use of EECBG funds once more information is available. 581 City of Palm Desert Comprehensive Climate Action Plan Informational Report Page 4 of 4 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this request. ATTACHMENTS: 1. Draft List of Potential GHG Reduction Measures 582 Working Draft List of Potential CVAG GHG Reduction Measures Comprehensive Climate Action Plan Draft, 07/19/2024 Below is a working draft list of potential measures to include in the CVAG Comprehensive Climate Action Plan (CCAP) for the municipalities within CVAG. This list is not the proposed list to include in the CCAP. This is, if you will, a “shopping list” that individual jurisdiction can use to identify the measures that are appropriate to include for their community. This list can also be used to solicit input from others within each community and from stakeholders. It is requested that you consider this list and provide feedback back to Jacob Alvarez (jalvarez@cvag.org) at CVAG with a cc to Jakub Zielkiewicz (Jakub.Zielkiewicz@icf.com) at ICF by no later than August 9, 2024. Please note that in the tables below, when it says “Similar to” other measures, these measures are listed in the Priority Climate Action Plan (PCAP) prepared for SBCOG. WRCOG, and CVAG earlier this year. See the PCAP for descriptions. Thank you for your assistance in providing your input and developing a CCAP that works for all CVAG jurisdictions: Please provide the following information: Jurisdiction: City of Palm Desert _____________________________________________________________________ Person Who Filled this Template Out: Amy Lawrence__________________________________________________ Date Completed: August 8, 2024_____________________________________________________________________ Other comments/questions (Please provide below): 583 Building Energy Building Weatherization, Electrification, and Energy Efficiency Measures Category Measure Details Similar to Include for your Municipality? Comments from Municipality Weatherization Cool Roofs, Cool Pavements, and/or Green Roofs Install and retrofit roofs with cool and/or green roofs to reduce urban heat island effects and lower energy consumption. Install cool pavements to reduce urban heat island effects. WRCOG LE-7 SBCOG Energy-1 CVAG RE-1 Weatherization HVAC Maintenance Program Provide HVAC check-ups to ensure the systems are optimally operating and not leaking CFCs WRCOG LE-3 SBCOG Energy-1 YES Weatherization Shade Installation Install awnings or blackout UV window shades to reduce direct sunlight into buildings WRCOG LE-3 SBCOG Energy-1 YES Weatherization Duct testing/sealing, and/or new ducts, returns, and registers Conduct testing/sealing of air leaks in conjunction with installation of a ducted heat pump (required) SBCOG Energy-1 PCAP Building Decarbonization Indio CAP YES Weatherization Roofline Insulation/attic encapsulation Insulate roof rafter cavities. SBCOG Energy-1 PCAP Building Decarbonization Weatherization Solar Window Film Install solar window film that is certified by the National Fenestration Rating Council SBCOG Energy-1 YES Energy Efficiency LED bulbs and fixtures Replace interior and exterior incandescent, compact fluorescent, halogen, and T12 linear fluorescent bulbs. SBCOG Energy-3 YES 584 Building Weatherization, Electrification, and Energy Efficiency Measures Category Measure Details Similar to Include for your Municipality? Comments from Municipality Energy Efficiency Smart Thermostat Install occupant controlled smart thermostats for buildings with central heating and cooling systems WRCOG LE-3 SBCOG Energy-1 YES Energy Efficiency Appliance Upgrades Replace and install Energy Star appliances WRCOG LE-3 SBCOG Energy-1 YES Energy efficiency Low-flow showerheads and faucets Upgrade showerheads and water faucets to be more water efficient SBCOG Energy-1 PCAP Building Decarbonization YES Energy Efficiency Commercial Benchmarking Promote or require commercial benchmarking Indio CA-1 Electrification Heating and cooling Install/replace gas-fired or electric resistance heating and cooling equipment with highest efficiency tier heat pump (space heating and cooling water heater) WRCOG LE-3 SBCOG Energy-1 SBCOG Energy-3 PCAP Building Decarbonization YES Electrification Appliances Replace gas-fired appliances with electric (ranges, cooktop, clothes dryers) SBCOG Energy-3 PCAP Building Decarbonization YES 585 Renewable Energy Generation Category Measure Details Similar to Include for your Municipality? Comments from Municipality Solar Power Commercial Solar Installation Establish a goal for solar installations on new commercial development SBCOG Energy-4 Coachella CAP Indio CAP Palm Springs CAR Solar Power Residential Solar Installation Increase solar installations on existing single-family homes SBCOG Energy-6 Coachella CAP Indio CAP Palm Springs CAR Solar Power Warehouse solar Promote and incentivize solar installation on existing and new warehouse space SBCOG Energy-5 Coachella CAP Indio CAP Palm Springs CAR Energy Storage Solar PV + Battery Storage Installation Install right-sized battery storage on homes with solar or during PV installation. PCAP Building Decarbonization Renewable Energy Community Choice Aggregation Create, support, or join a Community Choice Aggregation program to increase WRCOG LE-2 Coachella SNE 2.4 Murrieta BE-1 586 Waste Solid Waste Category Measure Details Similar to Include for your Municipality? Comments from Municipality Resource Efficiency Construction and Demolition Waste Diversion Adopt a construction and demolition waste recovery ordinance that meets or exceeds the CALGreen voluntary guidance of 65-75 percent reduction in nonhazardous waste Coachella IPS 5.12 Indio IA-4 SBCOG Waste-1 YES Waste Diversion Solid Waste Diversion and Recycling Zero Waste Multifamily Recycling and Composting Adopt citywide waste goals to divert waste Support zero waste programs and circular economy initiatives; support education around refuse and reuse. Conduct outreach and provide technical assistance to multifamily buildings and implement recycling and composting. Coachella CAP (multiple) SBCOG Waste-1 Indio IA-5 YES Waste Diversion Organics Diversion: Food Share Programs/ Organics Collection/Processing Programs Pilot a food share/food recovery program Indio IA YES 587 Agriculture Agriculture Category Measure Details Similar to Include for your Municipality? Comments from Municipality Renewable Energy Solar Agriculture Water Pumps On-farm renewable energy generation Identify and replace diesel water pump generators with solar water pumps. Increase renewable energy generation at agriculture sites to reduce reliance on fossil fuels for electricity and machinery. Electrification/Energy Efficiency Diesel engine conversions Convert diesel engines for tractors and other ag machinery to natural gas or battery, if suitable Carbon sequestration Carbon farming/Regenerative agriculture Management of farmland so that soils absorb and hold more carbon Local Food Production Local Agriculture and Community Gardens Support local farms, community gardens, and sustainable food production WRCOG LA-1 YES 588 Urban and Rural Forestation and Natural Vegetation Category Measure Details Similar to Include for your Municipality? Comments from Municipality Energy Conservation Shade Trees Strategically plant trees to reduce the urban heat island effect. Use native and drought- resistant species. WRCOG LE-6; SBCOG Land Use-2 Coachella SNE 4.01, 1.11 YES Carbon sequestration Reforestation Regional reforestation that increases carbon sequestration Carbon sequestration Green infrastructure Urban forests and other large scale green infrastructure that increases carbon sequestration Coachella SNE 4.01, 1.11 Land Conversion Protect vegetated lands in sparsely vegetated areas Prevent conversion of vegetated lands in deserts to other land types; Prevent disturbance of soil; restore native plants and remove non- native grasses https://resources.ca.gov/- /media/CNRA- Website/Files/Initiatives/Expanding- Nature-Based-Solutions/CNRA- Report-2022---Final_Accessible.pdf YES 589 Wastewater Wastewater Category Measure Details Similar to Include for your Municipality? Comments from Municipality Energy Recovery Methane Recovery Capture fugitive emissions that are emitted during the wastewater treatment process. SBCOG Wastewater-1 Energy Efficiency Equipment Upgrades Upgrade and replace wastewater treatment and pumping equipment to be more energy efficient. SBCOG Wastewater-2 590 Water Category Measure Details Similar to Include for your Municipality? Comments from Municipality Decrease Carbon Intensity of Delivered Water Increase Recycled Water Use Expand the available water supply through water recycling and reuse infrastructure WRCOG LW-1 Coachella SNE- 3.5 Indio Existing Policy YES Water Conservation Water Conservation Mandates, Programs, and Education Expand on/enforce existing water conservation ordinances for buildings and landscaping Reduce indoor and outdoor water consumption through education and outreach, and/or promotion of conservation programs. Adopt voluntary CALGREEN water efficiency measures for existing buildings WRCOG SW-1 SBCOG Water-1 SBCOG Water-3 Coachella CAP Coachella SNE- 3.5 Indio CAP YES 591 On-Road On-Road Category Measure Details Similar to Include for your Municipality? Comments from Municipality Reduce Tailpipe Emissions Decarbonize Goods Movement Reduce emissions associated with heavy and medium duty vehicles, trains, and cargo handling PCAP Regional Measure Reduce Tailpipe Emissions Light Duty Electric Vehicle Infrastructure Expand the availability of publicly accessible EV charging stations throughout the region Promote Neighborhood Electric Vehicles and other electric- powered micromobility solutions PCAP Regional Measure WRCOG LT-10 and RT-3 SBCOG On Road-5 Indio Mobility Element YES Reduce Tailpipe Emissions Traffic Signal Coordination Incorporate technology to synchronize and coordinate traffic signals along local arterials. WRCOG LT-6; SBCOG On Road-3 CVSync YES Reduce Tailpipe Emissions Express Lanes Add express lanes along major freeways in the CVAG subregion WRCOG LT-12 Reduce Tailpipe Emissions Transition City/Agency Fleets to ZEVs Purchase low- or zero- emission vehicles as vehicles are retired from service Local CAPs YES 592 On-Road Category Measure Details Similar to Include for your Municipality? Comments from Municipality VMT Reduction – Mode Shift Transportation Demand Management Implement transportation demand management strategies and programs such as commuter benefit programs and promoting telecommuting and remote work programs. Ride Share and Carpool programs Major event shuttles; coordinated regional bus service WRCOG RT-2 WRCOG LT-3 Coachella CAP SBCOG On Road-2 Indio Mobility Goal 7 YES VMT Reduction - Active Transportation/Mode Shift Bicycle and Micro-mobility Infrastructure Improvements Expand on-street and off- street bicycle and micro- mobility infrastructure, including bicycle lanes and bicycle trails. Expand bike sharing programs. WRCOG LT-1 SBCOG On Road-4 Local CAPs YES 593 On-Road Category Measure Details Similar to Include for your Municipality? Comments from Municipality VMT Reduction - Active Transportation/Mode Shift Pedestrian Infrastructure Improvements Expand and improve pedestrian infrastructure, including sidewalks, crosswalks, and pedestrian signals, through implementation of an Active Transportation Plan, Safe Routes to School Plan and/or similar plan. WRCOG LT-2 Indio Mobility Action 1,2, 7 YES VMT Reduction - Parking Parking Pricing and Limited Requirements Price public parking in central business districts/employments centers/retail centers; Amend zoning codes to reduce requirements for vehicle parking in new development projects. WRCOG LT-4 Coachella LU&T Indio Mobility Goal 8, Action 6 VMT Reduction - Mode Shift Increase Transit Service and Frequency Collaborate with regional transit providers to increase transit service and frequency provided in the subregion. WRCOG LT-5 Indio Mobility Goal 4 Palm Springs CAR Coachella LU & T YES 594 On-Road Category Measure Details Similar to Include for your Municipality? Comments from Municipality VMT Reduction Increase Housing Density Increase the density of planned housing units within the region, especially near transit and job centers. WRCOG LT-7 Indio LUA-11 VMT Reduction Increase Land Use Diversity Provide for a variety of development types and uses, especially near transit and job centers. WRCOG LT-8 Indio LUA 2,4, 6 and 9 YES VMT Reduction Transit Oriented Development Place new developments in close proximity to transit services. WRCOG LT-9 Indio 2019 CAP Notes: there are plans for Indio to get a MetroLink station Off-Road Category Measure Details Similar to Include for your Municipality? Comments from Municipality Fuel switch - electrification Electric-Powered Construction Equipment Electric Landscaping Equipment Establish a goal for construction equipment to utilize electricity as power. Adopt an ordinance that reduces gasoline or diesel- powered landscaping equipment use. SBCOG Off Road-1 SBCOG Off Road-3 Palm Spring CAR 595 Reduce Tailpipe Emissions Idling Ordinance Adopt an ordinance that limits idling for heavy-duty construction equipment. SBCOG Off Road-2 Indio Mobility Action 8 596 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Shelby Goodwin, Special Events Coordinator SUBJECT: APPROVAL OF THE 2024 PALM DESERT GOLF CART PARADE RECOMMENDATION: 1. Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. 2. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound. 3. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. BACKGROUND/ANALYSIS: The 60th annual Palm Desert Golf Cart Parade presented by the Palm Desert Area Chamber of Commerce (PDACC) is scheduled to take place on Sunday, October 27, 2024, on El Paseo. The theme for this year’s event is Diamonds of the Desert – Show us your sparkle. This year’s event will include a Kids Zone, food vendors, two beer gardens, car show, business expo, senior seating area, VIP seating area, Veteran’s seating area, live music, themed golf cart floats, and much more. The City has been a title sponsor of the parade and a strong supporter of this event for several years. As part of the Fiscal Year 2024/25 budget, the City Council approved a $50,000 monetary sponsorship for this year’s event in honor of the parade’s 60 th Anniversary. PDACC will be responsible for contracting with Tops N Barricades to provide traffic control and road closures for the event. Burrtec will continue to provide portable restrooms and trash and recycling services at no cost as part of the City’s franchise agreement, and the City will continue to provide in-kind public safety services which will be offered by the Riverside County Sheriff’s Department and augmented by the Palm Desert Citizens on Patrol. Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: Approval of the 2024 Palm Desert Golf Cart Parade would help address the following priorities as specified in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together: Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. 597 City of Palm Desert Approval of the 2024 Palm Desert Golf Cart Parade Page 2 of 2 FINANCIAL IMPACT: As part of the FY 2024-25 Annual Budget, City Council approved a Golf Cart Parade sponsorship in the amount of $50,000 and $10,000 for the City to construct a float to enter into the parade. Additionally, the City Council approved $30,000 for public safety services for various events including the Golf Cart Parade. Public safety services for this event are expected not to exceed $20,500. Funds are available in Account Numbers 1104800-4302601 and 1100416-4306101 for this purpose. 598 Page 1 of 1 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Celina Cabrera, Management Analyst Veronica Chavez, Director of Finance SUBJECT: HOUSING AUTHORITY RESOLUTIONS TO AMEND AND RESTATE THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY AND PALM DESERT HOUSING COMMISSION RECOMMENDATION: 1. Adopt a Resolution entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY.” 2. Adopt a Resolution entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING COMMISSION.” BACKGROUND/ANALYSIS: The Palm Desert Housing Authority (“Authority”) bylaws, amended by Resolution No. HA -46, and the Palm Desert Housing Commission (“Commission”) bylaws, as amended by Resolution No. HA-106, outline the titles of the officers of the Authority and Commission respectively. Both the Authority and Commission bylaws currently state officer titles to be “Chairman” and “Vice - Chairman”. The presented Resolutions will clarify terminology of officer titles to read “Chairperson” and “Vice Chairperson”. Legal Review: This report has been reviewed by the City Attorney’s office. Appointed Body Recommendation: The Housing Commission reviewed this recommendation at its regular meeting on September 11, 2024. Upon request, a verbal report will be provided at the Authority’s regular meeting on September 26, 2024. FINANCIAL IMPACT: There is no direct fiscal impact related to this action. ATTACHMENTS: 1. Resolution to amend and restate bylaws of the Palm Desert Housing Authority. 2. Resolution to amend and restate bylaws of the Palm Desert Housing Commission. 599 600 RESOLUTION NO. HA-____ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY WHEREAS, the Palm Desert Housing Authority ("Authority") was established under the Housing Authorities Law (the "Law"), being Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code, to ensure safe, sanitary dwelling units available at rents which persons of low income can afford while not being overcrowded; and WHEREAS, Section 34311 of the Law authorizes the Palm Desert Housing Authority Board (the “Authority Board”) to make, amend, and repeal bylaws and regulations to carry into effect the powers and purposes of the Authority; and WHEREAS, by its Resolution No. HA-1, adopted January 22, 1998, the Authority Board approved the Bylaws of the Palm Desert Housing Authority; and WHERAS, on September 11, 2024, the Palm Desert Housing Commission recommended that the Authority approve the Amended and Restated Bylaws of the Palm Desert Housing Authority (the "Amended and Restated Bylaws"), which replaces the title of “Chairman” with “Chairperson”, and “Vice Chairman” with “Vice Chairperson”; and WHEREAS, the Authority Board now desires to approve Amended and Restated Bylaws, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Housing Authority of the City of Palm Desert, California, as follows: SECTION 1. The Amended and Restated Bylaws are hereby amended to read as provided in the Amended and Restated Bylaws of the Palm Desert Housing Authority, attached hereto as Exhibit A. ADOPTED ON ________________. KARINA QUINTANILLA CHAIRPERSON ATTEST: ANTHONY J. MEJIA SECRETARY 601 Resolution No. HA-____ Page 2 I, Anthony J. Mejia, Secretary of the Palm Desert Housing Authority, hereby certify that Resolution No. HA-______ 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 SECRETARY 602 Resolution No. HA-____ Page 3 EXHIBIT A AMENDED AND RESTATED BYLAWS OF THE PALM DESERT HOUSING AUTHORITY ARTICLE 1 - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the “Palm Desert Housing Authority.” Section 2. Seal of Authority. The Authority may have a seal. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The office of the Authority shall be at the offices of the City of Palm Desert. Section 4. Governing Body. The members of the City Council of the City of Palm Desert shall constitute the governing body of the Authority, which governing body shall be known as the Authority Commission and/or Authority Board. ARTICLE 2 - OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairperson, a Vice Chairperson, a Secretary, a Treasurer and an Executive Director. Subject to other direction of the Authority Board by resolution or minute order, an officer shall sign all contracts, deeds and other instruments made by the Authority. Section 2. Chairperson. The Chairperson shall be the member of the City Council who is the then current Mayor of the City of Palm Desert. The Chairperson shall preside at all meetings of the Authority. Section 3. Vice Chairperson. The Vice Chairperson shall be the member of the City Council who is the then current Mayor Pro Tempore of the City of Palm Desert. The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. Section 4. Secretary. The Secretary shall be the then current City Clerk of the City of Palm Desert. The Secretary shall keep the records of the Authority, shall act as Secretary of the meetings of the Authority Board and record all votes, and shall keep a record of the proceedings of the Authority in the form of minutes to be kept for such purpose, and shall perform all duties incident to the office of Secretary. The Secretary shall keep in safe custody the seal of the Authority and shall have power to affix such seal as required to all contracts and instruments autho rized to be executed by the Authority Board. The Secretary may attest to signatures of other officers of the Authority. 603 Resolution No. HA-____ Page 4 Section 5. Treasurer. The Treasurer shall be the then current Treasurer of the City of Palm Desert. The Treasurer shall keep regular books of ac counts showing receipts and expenditures and shall render to the Authority Board, as requested, an account of the transactions of the Authority and shall perform any other duties that are designated from time to time by the Authority. The Treasurer, or in the absence of the Treasurer, a person appointed by the Treasurer or the Authority Board, shall have the care and custody of all funds of the Authority. The Treasurer may enter into agreements on behalf of the Authority with any financial institution aut horized to accept deposits of public funds, providing for the transfer of funds between accounts maintained therein by the Authority upon request by telephone. Such agreements may also provide for the investment upon request by telephone of funds maintain ed in such accounts, in property or securities in which public agencies may legally invest money subject to their control. Such agreements shall designate the accounts maintained by the Authority which are subject thereto, and the persons who may, from time to time, make such transfers and direct such investments by telephone request. Section 6. Executive Director. As provided by City Council Resolution No. 2012-63, on September 13, 2012, the City Manager was appointed as the Executive Director of the Housing Authority. The Executive Director shall conduct day-to-day administration of the Authority’s business and affairs, subject to the direction of the Authority Board. Notwithstanding the provisions of Section 8 hereof, the Executive Director may appoint a deputy to perform such duties of the Executive Director as may be delegated to such deputy from time to time by the Executive Director. Notice of such appointment shall be given in writing to the Secretary and shall be effective as of the date of such notice. Section 7. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or these Bylaws or by resolution or minute order of the Authority Board. Any officer of the Authority may sign, with the countersignature of one other officer, deputy officer or member of the Authority, all orders and checks for the payment of money under the direction of the Authority. Section 8. Additional Personnel. The Authority Board may from time to time appoint deputy officers to perform the duties of officers and employ such other personnel as it deems necessary to exercise its powers, duties and functions. The selection and compensation of such officers and other personnel shall be determined by the Authority Board. ARTICLE 3 - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the day or days and at the time and place of regular meetings of the City Council of the City of Palm Desert provided there is business to conduct. Section 2. Applicability of Ralph M. Brown Act. Meetings of the Authority shall be held, notice given and the business of the Authority conducted, all as provided in the 604 Resolution No. HA-____ Page 5 Ralph M. Brown Act, being California Government Code Section 54950, et seq. Section 3. Quorum. Three members of the Authority Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Action may be taken by the Authority Board upon a vote of a ma jority of a quorum, unless a higher vote is required by these Bylaws, a resolution of the Authority Board or applicable provisions of California law. Section 4. Manner of voting. The manner of voting on resolutions and on other matters shall be as prescribed by the Chairperson. Section 5. Payment of Money. All orders for the payment of money require the votes of at least three members of the Authority Board. ARTICLE 4 - AMENDMENTS Section 1. Amendments to Bylaws. The Bylaws of the Authority may be amended by resolution of the Authority. 605 606 RESOLUTION NO. HA-____ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING COMMISSION WHEREAS, The Palm Desert Housing Authority ("Authority") was established under the Housing Authorities Law (the "Law"), being Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code, to ensure safe, sanitary dwelling units available at rents which persons of low income can afford while not being overcrowded; and WHEREAS, Section 34291 of the Law authorizes the City Council of the City of Palm Desert (the "City Council") to create a housing commission by ordinance ; and WHEREAS, Section 34292 of the Law provides that the function of the Housing Commission is to review and make recommendations on all matters to come before the Authority prior to Authority action, except emergency matters and matters which the commission, by resolution, excludes from its review; and WHEREAS, on January 8, 1998, the City Council adopted Ordinance No. 861 thereby creating the Palm Desert Housing Commission (the "Commission"); and WHEREAS, Section 9 of Ordinance No. 861 defines the duties of the Commission to review and make recommendations on all matters to come before the Authority except emergency matters and matters which the Commission, by resolution, excludes from the Commission's review; and WHEREAS, on June 22, 2000, the Authority adopted its Resolution HA -13 to establish the Bylaws of the Commission. WHEREAS, on September 11, 2024, the Commission recommended that the Authority approve the Amended and Restated Bylaws of the Housing Commission, which replaces the title of “Chairman” with “Chairperson”, and “Vice Chairman” with “Vice Chairperson”; and WHEREAS, the Authority now desires to approve Amended and Restated Bylaws of the Housing Commission, attached hereto as Exhibit A (the "Amended and Restated Bylaws"). NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Housing Authority of the City of Palm Desert, California, as follows: SECTION 1. The Amended and Restated Bylaws are hereby amended to read as provided in the Amended and Restated Bylaws of the Palm Desert Housing Commission, attached hereto as Exhibit A. 607 Resolution No. HA-____ Page 2 ADOPTED ON ________________. KARINA QUINTANILLA CHAIRPERSON ATTEST: ANTHONY J. MEJIA SECRETARY I, Anthony J. Mejia, Secretary of the Palm Desert Housing Authority, hereby certify that Resolution No. HA-____ 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 SECRETARY 608 Resolution No. HA-____ Page 3 EXHIBIT A AMENDED AND RESTATED BYLAWS OF THE PALM DESERT HOUSING COMMISSION ARTICLE I - THE HOUSING COMMISSION Section 1. Name of Commission. The name of the Housing Commission shall be the "Palm Desert Housing Commission". Section 2. Office of Commission. The office of the Housing Commission shall be at the offices of the City of Palm Desert. Section 3. Governing Body. The members of the Housing Commission shall be appointed by the City Council of the City of Palm Desert and shall constitute the governing body of the Housing Commission, and each member shall be known as a Housing Commissioner. ARTICLE II- OFFICERS Section 1. Officers. The officers of the Housing Commission shall be a Chairperson, a Vice Chairperson, a Secretary and an Executive Director. Section 2. Chairperson. The Chairperson shall be the member of the Housing Commission elected by vote of the Housing Commission to hold the office of Chairperson. The Chairperson shall preside at all meetings of the Housing Commission. Section 3. Vice Chairperson. The Vice Chairperson shall be the member of the Housing Commission elected by vote of the Housing Commissioners to hold the office of Vice Chairperson. The Vice Chairperson shall perform the duties of Chairperson in the absence of the Chairperson. Section 4. Secretary. The Secretary shall be the City Clerk of the City of Palm Desert or the City Clerk's designee. The Secretary shall keep the records of the Housing Commission, shall act as Secretary of the meetings of the Housing Commissioners and record all votes, shall keep a record of the proceedings of the Housing Commission in the form of minutes to be kept for such purpose, and shall perform all duties incident to the office of Secretary. The Secretary may att est to signatures of other officers of the Housing Commission. Section 5. Executive Director. The Executive Director shall be the then current Executive Director of the Palm Desert Housing Authority. The Executive Director shall conduct day-to-day administration of the business and affairs of the Housing Commission, subject to the direction of the Housing Commission. The Executive Director may appoint a deputy to perform such duties of the Executive Director as may 609 Resolution No. HA-____ Page 4 be delegated to such deputy from time to time by the Executive Director. Notice of such appointment shall be given in writing to the Secretary and shall be effective as of the date of such notice. ARTICLE III - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the first Wednesday of each month at 3:30 p.m. at the offices of the City of Palm Desert. The Executive Director and the Chairperson, may determine that the Housing Commission does not have any business to conduct at a regular meeting and cancel such regular meeting. In no event shall the Chairperson cancel more than two consecutive regular meetings without prior approval of the Commission. Adjournment of a regular meeting for lack of a quorum shall not constitute a cancellation by the Chairperson for the purposes of the previous sentence. Section 2. Applicability of Ralph M. Brown Act. Meetings of the Housing Commissioners shall be held, notice given and the business of the Housing Commission conducted, all as provided in the Ralph M. Brown Act, being California Government Code Section 54550, et seq. Section 3. Quorum. Four members of the Housing Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Action may be taken by the Housing Commission upon a vote of a majority of a quorum, unless a higher vote is required by these Bylaws, a resolution of the Housing Commissioners or applicable provisions of California law. Section 4. Manner of Voting. The manner of voting on resolutions and on other matters shall be as prescribed by the Chairperson. ARTICLE IV - AMENDMENTS Section 1. Amendments to Bylaws. The Bylaws of the Housing Commission may be amended by a resolution of the Housing Authority and by a resolution of the Housing Commission. 610 Page 1 of 1 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Celina Cabrera, Management Analyst SUBJECT: RATIFY TKE ENGINEERING, INC., FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY PROPERTIES RECOMMENDATION: 1. Ratify the award of contract to TKE Engineering, Inc., as an additional consultant to the On - Call Construction Management Services contract for the Housing Authority properties in a shared aggregate amount with the City in an amount not to exceed $11,739,3 94. 2. Authorize the City to administer the contract on behalf of the Housing Authority and authorize the City Manager to execute contract and subsequent task orders. 3. Direct the Directors of Finance, Public Works, and Capital Projects to review annual expenditures and performance of the vendor under this contract. BACKGROUND/ANALYSIS: On February 16, 2023, the City Council approved a five-year multiple vendor contract for On- Call Construction Management Services and other related services as needed, in a cumulative amount not to exceed $11,739,394 with Anser Advisory Management LLC and MARRS Services, Inc. On March 23, 2023, MAAS Companies, Inc., was added. The Housing Authority ratified the use of these vendors for the Housing Authority properties on July 1 3, 2023. On April 25, 2024, the City Council approved TKE Engineering, Inc. (“TKE”) as an additional vendor for said agreement to support the planned projects in the five-year CIP efficiently and effectively. TKE provides services that include civil engineering, traffic engineering, roadway design, survey, and inspections. This request would ratify that action for the use of Housing Authority properties. Legal Review: This report has been reviewed by the City Attorney’s office. Appointed Body Recommendation: The Housing Commission will review the recommendation at its regular meeting on September 11, 2024. Upon request, a verbal report will be provided. FINANCIAL IMPACT: There is no additional fiscal impact because of this recommendation for approval. Task orders issued under this Construction Management Services contract will be paid from the Housing Authority Capital Replacement Fund. There is no financial impact to the City’s General Fund. 611 612 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Celina Cabrera, Management Analyst SUBJECT: REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT HOUSING AUTHORITY PROPERTIES RECOMMENDATION: 1. Reject all proposals submitted for Courtesy Patrol Services at Palm Desert Housing Authority owned properties. 2. Authorize staff’s request to solicit proposals for camera system installation and off-site monitoring services. BACKGROUND/ANALYSIS: The Palm Desert Housing Authority currently has a Courtesy Patrol Services Agreement with Southwest Protective Service, Inc., for annual cost of $135,000. The agreement expires on September 24, 2024. Staff released a request for proposal for Courtesy Patrol Services on March 12, 2024, on the City of Palm Desert’s online bid management provider, OpenGov. Responses were due on April 12, 2024, and three proposals were received. Proposer Annual Amount General Security Service, Inc. $839,192.80 Securitas Security Services USA, Inc. $396,789.00 Alltech Industries, Inc. $147,101.76 Following an initial review of proposals by staff, two of the proposals were three times the current annual contract amount ($145,517.20), making them unfeasible, and the third proposal did not demonstrate the ability to fulfill the needs of the Housing Au thority properties. Southwest Protective Service, the current provider, did not submit a proposal and has expressed that the security industry is experiencing difficulties securing required insurance when working with housing authorities. Consequently, staff is recommending all proposals be rejected. The Housing Authority’s property management company, Falkenberg Gilliam & Associates (“FGA”) have communicated that they have experienced successes with the transition from onsite courtesy patrol services to surveillance cameras with live-offsite monitoring at other properties they manage in San Diego and Los Angeles Counties. Staff have briefly explored the subject and are requesting approval to continue pursuing the options for a surveillance camera system and monitoring services at the Housing Authority properties, including solicitation of proposals. 613 Palm Desert Housing Authority Reject Courtesy Patrol Services Proposals Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s office. Appointed Body Recommendation: The Housing Commission will review this recommendation at its regular meeting on September 11, 2024. Upon request, a verbal report will be provided at the Authority’s regular meeting on September 26, 2024. FINANCIAL IMPACT: There is no direct fiscal impact related to this action. 614 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Chris Escobedo, Assistant City Manager SUBJECT: AUTHORIZE PARTICIPATION AND FUNDING COMMITMENT FOR IMPERIAL IRRIGATION DISTRICT ENERGY PARTNERSHIP TO DEVELOP NEW SUBSTATION RECOMMENDATION: 1. Authorize the City’s participation in the Imperial Irrigation District Energy Partnership for the development of a new substation, including a commitment to funding and reservation of energy capacity, and authorize the City Manager to execute all necessary agreements. 2. Appropriate $950,000 from General Fund reserves and transfer out to Capital Project Budget North Sphere Electric Substation Account 4004258-4400100. BACKGROUND/ANALYSIS: In 2022, City staff worked with the Imperial Irrigation District (IID) to secure a will-serve letter for an affordable housing development in the north sphere, as well as for the City’s fourth fire station (Fire Station 102), which is currently in design. In that effort, staff learned of IID’s infrastructure challenges specific to the portion of Palm Desert they serve in the north sphere. The rest of Palm Desert is served by Southern California Edison. City staff has worked with IID to identify options for a new substation and distribution line to serve the north sphere through a multi-party project partnership. Absent the additional substation, IID will not issue any additional will-serve letters for new and planned development. At the July 11, 2024, meeting, the City Council held a study session regarding the IID’s energy infrastructure partnership. The study session included: Summary of staff’s work with NV5, which is a technical engineering and consulting firm utilized to analyze and project the IID-served energy demand at build-out; Outreach efforts to the impacted property owners; Review of financial forecasts and financing options; and Outline of project cost and multi-agency partners. The City Council directed staff to proceed with the partnership. Staff has conducted additional follow-up since that time, including: Met with IID staff to verify the timeframe, which IID indicated is 3 years from the execution of the agreement, however, staff conservatively anticipates 4 years to energize the area. Held additional property owner input/feedback sessions. Met with the City’s legal counsel and financing team. 615 City of Palm Desert Participation and Funding of IID Energy Infrastructure Partnership Page 2 of 4 Met with the other government partners and proposed a working group comprised of the government entities to fully execute the objectives of the partnership. Project Scope The energy needs of the north sphere at build -out are 14.6 Megawatts (MW). This 14.6 MW need has been factored into the proposed substation, which would be located just north of the I- 10 freeway on Cook Street. This location has existing energy conduit and serves as the most efficient routing point for all parties. The project involves a 2-50 MVA substation bank, including the engineering, procurement, and construction of the 2 -50 MVA, 92/13.2kV power transformer and associated equipment, including transmission and supporting infrastructure. Each entity would be requested to contribute their share, and IID would then commence ordering equipment, as well as initiating the design and construction phases. High Level Total Substation Cost Substation $20.76 Million Distribution Gateways $4.00 Million Transmission Line Upgrade 2-92 kV $2.53 Million Total $27.29 Million Multi-Party Project Agreement The energy infrastructure partnership would have 8 entities contributing their proportional share of the substation costs. The table below, provided by IID, shows the entities being asked to participate, their energy demand, and their respective cost share . The red box outlined shows Palm Desert’s energy demand at build -out and its corresponding cost share, which totals $5 million. Included in this amount is the energy required for the build- out of the California State University, San Bernardino – Palm Desert Campus (CSUSB-PD). While CSUSB-PD cannot financially participate, City staff has negotiated other benefits with 616 City of Palm Desert Participation and Funding of IID Energy Infrastructure Partnership Page 3 of 4 them, including the use of CSU property for flood infrastructure, wind fence improvements, and possible joint use of sports fields. The total amount estimated for Palm Desert is $5 million, of which $1.65 million is allocated for CSUSB-PD. IID has also identified up to an additional $2 million to cover transmission lines, which would be the developer’s proportionate cost, consistent with current IID development practices. Financing Plan The City has retained Willdan, a financial adviser, and bond counsel to assist with the formation of the Community Facilities District (CFD), which will issue bonds and assess the property owners the amount necessary to fund the infrastructure needs. The CFD will allow each private property owner to pay their respective amount either upfront or over a 30 -year period. The City will enter into reimbursement agreements with the property owners, allowing the City to be reimbursed for each private party’s energy amount through bond proceeds . In turn, these property owners would be guaranteed will-serve letters for energy from IID. Future Build-Out Impact to the General Fund Staff engaged Keyser Marston Associates (KMA) to analyze City revenue projections at build- out for the area being served by IID, based on three build-out scenarios. The most aggressive scenario involves hotel development in this area. KMA’s analysis projects that the City stands to receive approximately $1.3 million (least aggressive scenario) to $2 million (most aggressive scenario) annually in Transient Occupancy Tax (TOT), Property Taxes, and Sales and Use Taxes upon full build-out of the area. Legal Review: This report has been reviewed by the City Attorney’s office. Additionally, the City Attorney’s expert on energy matters reviewed the partnership materials and participation agreement. FINANCIAL IMPACT: Based on the total estimated cost of $27.29 million for the 15MW Substation partnership, the City would be required to front approximately $5 million for the Palm Desert property owners’ share of costs to facilitate the project collabo ratively and expeditiously. With the approval of a CFD by the Palm Desert property owners in need of service, preliminary analyses indicate that the City could recoup approximately 80-90% of the $5 million through reimbursement from bond proceeds issued on behalf of the CFD property owners, upon meeting the necessary property value threshold. Debt service for the CFD bonds would be paid annually through a Mello-Roos special tax, collected on the property owners’ property tax bill. The maximum risk to the General Fund is the $5 million payment, necessary to ensure the project is funded and commenced quickly. KMA has projected annual revenue to the General Fund ranging from $1.3 million to $2.2 million after the build-out of the associated development area. The initial appropriation of $950,000 from General Fund Reserves will be utilized to pay project consultants, related legal fees, as well as the initial deposit assisting in ordering mitigating the long lead items for the substation. Upon the 617 City of Palm Desert Participation and Funding of IID Energy Infrastructure Partnership Page 4 of 4 creation of the CFD and issuance of bonds, funds will be remitted to the City to reimburse costs related to the project. ATTACHMENT: 1. Letter of Commitment 618 619 620 621 622 623 624 625 626 627 628 629 630 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Martin Alvarez, Public Works Director SUBJECT: RATIFY AMENDMENT NOS. 1, 2, AND 3 TO CONTRACT NO. C44200 WITH HERMANN DESIGN GROUP FOR THE DESERT WILLOW GREENS AND TEE BOX RENOVATION AND TURF REDUCTION (MLS00005) RECOMMENDATION: 1. Ratify Amendment No. 1, 2, and 3 to Contract No. C44200 with Hermann Design Group for the Desert Willow Greens and Tee Box Renovation and Turf Reduction Project for a total amount of $31,085. 2. Authorize the City Manager to execute the amendment and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: On September 29, 2022, the City Council awarded Contract No. C44200 to Hermann Design Group for the design of the Desert Willow Greens/Tee Box Renovations and Turf Reduction in the amount of $305,100. To address unforeseen design circumstances during construction, staff requested approval from the City Manager for the following: Amendment No. Description Amount 1 Firecliff Hole No. 10 tee box and golf cart path relocation $10,000 2 Additional landscape and engineering services $9,085 3 Planting Enhancements to enhance turf reduction areas $12,000 TOTAL $31,085 Amendment 1 – Tenth Tee Relocation: Relocated the tenth tee and cart path due to a new parking area. This included updates to planning, landscaping, irrigation, grading, and drainage, with revisions to drawings and bid documents. Amendment 2 – Construction Survey Services: The Altum Group provided construction staking for the relocated tenth tee boxes and worked with HDG to align the cart path and adjust the tee location due to an underground water lin e. Amendment 3 – Planting Enhancements: Additional landscape design and field observations were conducted per City request. The scope included designing planting plans with materials, site visits, and cost estimates. The contractor received plans for bidding, and the City council approved the change order based on these plans. Staff requests ratification of these amendments, totaling $31,085, to complete the project. 631 City of Palm Desert (Ratify Amendment 1, 2, and 3 to Contract C44200 with Hermann Design Group ) Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The costs of the Desert Willow Firecliff Golf Course Renovation are covered by the Desert Willow Capital Fund, under Account No. 4414195 -4809200, with no financial impact on the General Fund. The following table shows the current project budget and costs: Item Authorized Budget Expenses 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 Appropriation September 12, 2024 $443,570.00 Construction CO 3 American September 12, 2024 $395,901.00 Add Contingency – C44200B September 12, 2024 $40,000 Total $5,341,756.75 $5,341,756.75 Less: DSRT SURF Developer Reimbursement ($319,121.50) Project Cost $5,022,635.25 *Current request ATTACHMENTS: 1. C44200 Contract 2. C44200 Amendment 1 3. C44200 Amendment 2 4. C44200 Amendment 3 632 Contract No. C44200 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 29th day of September, 2022, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and Herman Design Group, a Stock Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 29, 2022 to June 30, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their 633 Contract No. C44200 performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Chris Hermann, PLA, President and Chief Executive Officer. 3.2.5 City's Representative. The City hereby designates Audrey Nickerson, Project Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Chris Hermann, PLA, President and Chief Executive Officer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant 634 Contract No. C44200 represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law 635 Contract No. C44200 respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO insured contract” language will not be accepted. B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance 636 Contract No. C44200 with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: 1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) Pay on behalf of wording as opposed to reimbursement; 3) Concurrency of effective dates with primary policies; and 4) Policies shall “follow form” to the underlying primary policies. 5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.2.11.2 Other Provisions or Requirements. A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems 637 Contract No. C44200 necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 638 Contract No. C44200 L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including 639 Contract No. C44200 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 Five Thousand One Hundred Dollars and 0/100 ($305,100.00) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance 640 Contract No. C44200 monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 641 Contract No. C44200 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Hermann Design Group 77899 Wolf Road, Suite 102 Palm Desert, CA 92211 ATTN: Chris Hermann, President and Chief Executive Officer City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Audrey Nickerson, Project Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes 642 Contract No. C44200 no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; 643 Contract No. C44200 and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer 644 Contract No. C44200 without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 645 Contract No. C44200 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. SIGNATURES ON NEXT PAGE] 646 Contract No. C44200 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP 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 Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney Hermann Design Group By: Its: Printed Name: By: Its: Printed Name: QC: MN Insurance: Initial Review Final Approval President/CEO Chris Hermann Kristin Hermann (Nov 17, 2022 13:40 PST) Kristin Hermann CFO/Managing Director Kristin Hermann Robert Hargreaves (Nov 18, 2022 08:06 PST) Robert Hargreaves Todd Hileman (Nov 18, 2022 09:42 PST) Anthony Mejia (Nov 18, 2022 10:06 PST) mr mr 647 Contract No. C44200 Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES 648 SCOPE OF SERVICES C42200 Exhibit A 649 HERMANN DESIGN GROUP08 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619. 415.0095 SCOPE OF SERVICES The following outlines the proposed scope of work as outlined by the City of Palm Desert in the RFP and includes the tee and green renovations described in the Hurdzan Golf Design master plan.FIRECLIFF GOLF COURSE Hole SCOPE TEES GREEN EXPANSION 1 Shift White Tee left 1 YES 2 Shift Tees to Right 4 NO 3 Expand Blue and White Tees 2 YES 4 Enlarge White Tee 1 YES 5 N/A 6 Add Forward Tee 1 YES 7 Add Forward Tee 1 YES 8 Expand Tees 3 YES 9 Expand White Tee 1 YES 10 Add Five New Tees 5 NO 11 Enlarge Blue, White, and Gold Tees 3 NO 12 N/A 13 Add Forward Tee, Enlarge Tees 5 NO 14 Enlarge Tees YES 15 Enlarge Blue and White 2 YES 16 Enlarge Blue, White, Gold Tees 3 YES 17 Enlarge Blue, White, Gold Tees 3 YES 18 Enlarge Blue and White Tees 650 HERMANN DESIGN GROUP09 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619. 415.0095 SCOPE OF SERVICES MOUNTAIN VIEW TURF REMOVAL (PER HURDZAN PLAN)Hole CONVERSIONS, REMOVAL, AND INSTALLATIONS 1 Rough to Desert 2 Rough to Fairway/Tee and Rough to Desert 3 Rough to Desert 4 Rough to Desert and Sand Bunker to Rough 5 Desert to Rough 6 Rough to Desert and Remove Vegetation 7 Rough to Desert and Remove Vegetation 8 Rough to Desert and Remove Vegetation 9 Rough to Desert 10 Remove Vegetation, Rough to Desert, Fairway to Rough, Rough to Green, Sand Bunker to Rough, Desert to Fairway, and Desert to Rough 11 Rough to Desert 12 Rough to Desert and Sand Bunker to Rough 13 Rough to Desert 14 Rough to Desert 15 Rough to Desert and Remove Vegetation 16 Rough to Desert and Rough to Fairway/Tee 17 Rough to Desert 18 Rough to Desert, Sand Bunkers to Rough, Rough to Fairways/Tee, and Install 651 HERMANN DESIGN GROUP10 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619. 415.0095 SCOPE OF SERVICES I. DESIGN DEVELOPMENT SERVICES Project Kick Off Meeting HDG will meet with the Client to review the preliminary plans that have been previously prepared by Hurdzan Golf Design to refine and clarify the project’s objectives. A project schedule will be presented at the meeting and initial base sheets for the areas of work will be provided by HDG and the consultant team. Base Sheets The Altum Group will utilize the existing aerial survey prepared for other work at Desert Willow and develop base sheets at 50 scale on 24” x 36” size title blocks to meet City standards.Golf Course Master Plan The Hurdzan master plan will be combined with the aerial survey into one reference plan that will be used for establishing locations and limits of tees and greens. The master plan exhibit will be used to prepare area calculations of the proposed improvements and establish the project budget and direction for final bid documents. Preliminary Grading Preliminary grading for relocated tees will be provided to determine cut/fill and earthwork costs.Mapping Existing Irrigation System We will map all existing valve-in-head (VIH) rotors, electric valves, isolation valves and irrigation controllers on the golf course utilizing survey grade GPS equipment. The golf course shall furnish an electric golf cart from the clubhouse for transportation on the golf course during the survey.To minimize disruption to golf course play, the following procedure shall be implemented:We will provide wired marking flags to the golf course personnel (GCP). GCP familiar with the current irrigation system shall use the marking flags to identify the locations of the existing irrigation components. System components shall include sprinklers and valve boxes. This shall be completed before the arrival of the GPS operator in groups of three to six golf holes to be determined at the time of survey). The GPS operator shall survey the location of the marker flags and collect the flags, clearing the golf hole as the survey is completed on each golf hole. Existing irrigation will be overlaid onto the golf course master plan and itemized in preparation for the development of competitive bid documents for VIH sprinklers and swing joints.Site Study, Inventory, and Analysis We will visit the site and identify proposed areas of improvement, inventory existing irrigation system, electrical, plumbing and valving with the existing and proposed tee box limits, and identify areas where trees or landscaping must be removed to accommodate new tee box locations and 652 HERMANN DESIGN GROUP11 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619. 415.0095 SCOPE OF SERVICES A written summary of recommendations will be provided identifying irrigation improvements. The direction of the irrigation master plan will be developed in collaboration with the golf course superintendent.Irrigation Master Plan We will provide an irrigation master plan that will assist in determining the important criteria for the VIH sprinkler replacement, the tee box renovation, and greens renovation projects. Plans will include a preliminary head layout with existing mainline, existing/proposed valving and proposed lateral routing as well as coverage plans showing full and effective coverage areas. A water use calculation summarizing monthly/annual average water demands for the new irrigation will be included.Opinion of Probable Construction Cost We will prepare a preliminary opinion of probable construction cost for use in determining the project budget.II. CONSTRUCTION DOCUMENTS Upon approval of the design development package by the City, the following construction documents will be prepared:MARKETING COORDINATOR / EXECUTIVE ASSISTANT A. Landscape Demolition Plan We will prepare a plan that illustrates landscape demolition for each golf course. Existing material to remain will be noted and material that can be relocated will be shown.B. Planting Plan and Details This plan will illustrate the location of all existing and proposed plant material. A plant legend will describe the Latin and common names, sizes and remarks for each plant shown on the plan. Details will be provided as required.C. Green Layout Plan This plan will illustrate the proposed layout for the grassing of the new green layouts and serve as the staking location plan. D. Tee Grading Plan This plan will illustrate the proposed grading for all new tee locations and serve as the staking location plan.E. Irrigation Plan and Details for Tee Box Renovations This plan will illustrate the location of all new irrigation components required for the planting of new materials. Details will be provided as required. F. Construction Specifications/ Bid Documents Technical specifications and itemized bid documents for the items covered under this scope of work will 653 HERMANN DESIGN GROUP12 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619. 415.0095 SCOPE OF SERVICES G. Opinion of Probable Construction Cost We will prepare a final opinion of probable construction cost for use in bidding documents and determination of alternate bid item(s), if necessary, for the items covered under this scope of work.III. AGENCY APPROVAL (ALLOWANCE)We will submit to the City all plans, specifications, estimates, and/or other necessary documents required to obtain approval. The following plan check submittals are included:1st Review – 50% Check Plans and Specifications 2nd Review – 90% Check Plans and Specifications 3rd Review – 100% Check Plans, Specifications 4th Review – Final Plan Check We will make revisions as required by the City and resubmit plans for approval.IV. MEETINGS/PROJECT ADMINISTRATION ( HOURLY ALLOWANCE)Meetings Attend City meetings, agency review meetings, and related project presentations as required. Attend and/or conduct development team meetings and conference calls as necessary to perform the scope of work. Six (6) meetings are anticipated with staff during the project. Coordination with the City and project management are included within this scope of work. Kickoff Meeting Staff Review of Design Development Plans Staff Review of 50% Working Drawings Staff Review of 90% Working Drawings Staff Review of 100% Working Drawings/Specifications City Council Approval of plans and final construction cost estimate Project Administration Perform general project management services as necessary to support to the work of this project. V. BIDDING PHASE Pre- Bid Meeting We will attend the pre-bid conference and answer questions. Bid Solicitation We will provide bid assistance to include answering questions from 654 HERMANN DESIGN GROUP13 PALM DESERT OFFICE 760.777.9131 RIVERSIDE OFFICE 951.782.9335 SAN DIEGO OFFICE 619. 415.0095 SCOPE OF SERVICES VI. CONSTRUCTION SERVICES Construction Observation Services We will provide construction observation services upon request by the City.The following construction services are recommended:Staking of tee improvements ( 32 tees)Staking of green improvements Flag plant material locations prior to installation Review of emitter placement Review final installation and irrigation coverage Final punch list We will respond to requests for information and provide clarification on plans as required.During field observations we will verify that products being installed are per plans and specifications. A written report will be prepared following each site visit.Following completion of the project we will coordinate with the Contractor to provide Operation Manuals, Warranty Letters, Materials List, and Training on the irrigation control system. Perform general project management services as necessary to support to the work of 655 Contract No. C44200 Exhibit “B” EXHIBIT “B” SCHEDULE OF SERVICES 656 14 HERMANN DESIGN GROUP PROJECT SCHEDULE PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Milestone 10/6/22 10/20/22 11/24/22 12/1/22 12/19/22 1/25/23 2/23/23 6/1/23 7/2023 8/2023 9/2023 10/6/23 10/20/23 Kick Off Meeting with City 50% Design Review & Provide Conceptual Drawings 90% Review of Plans, Specs, and Cost Estimate 100% Receipt of Drawings, Plans, Specs, and Cost Construction Bid Posting Construction Bids Due Contractor Selection Construction Notice to Proceed 50% Construction Completion 75% Construction Completion 95% Construction Completion Final Construction Review Final Construction Documents Due Exhibit B C44200 657 Contract No. C44200 Exhibit “C” EXHIBIT "C" COMPENSATION 658 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951. 782.9335 CITY O F PALM D E S E RT PALM D E S E RT OFFI C E 77899 W olf R o a d, S uit e 1 0 2 Palm D es ert, C A 9 2 2 1 1 760-777-9 1 3 1 P h o n e 760-77 7-9 1 3 2 F ax RIVERSI D E OFFI C E 6864 In di a n a A v e n u e, S uit e 1 0 4 E Riversid e C A 9 2 5 0 6-4 2 8 5 951-78 2-9 3 3 5 P h o n e SAN DI E G O O F FI C E Grossm o nt Pr of essi o n al B uil di n g 9001 Gr oss m o nt Blv d.La Mesa, C A 9 1 9 4 1 619-415-0 0 9 5 P h o n e RFP NO.: 8 5 4- 2 1 GREENS/T E E B O X R E N O V ATI O N A N D T U RF REDUCTI O N AT D E S E RT WILL O W G OLF R E S O RT COST P R O P O 659 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951. 782.9335 FEES AND CHARGES Firecliff Course (With Optional Tasks) $201, 100.00Mountain ViewCourse $104, 000.00 TOTAL $305, 100.00 Firecliff Course (Without Optional Tasks) $192, 100.00Mountain ViewCourse $104, 000.00 TOTAL $296, 100.00 NORMAL HOURLY RATES HERMANN DESIGN GROUP Principal Landscape Architect....................................................................$ 185.00 per hour Project Manager ...........................................................................................165.00 per hour Landscape Architect .....................................................................................160.00 per hour Senior Designer ............................................................................................140.00 per hour Designer .......................................................................................................110.00 per hour Admin ...........................................................................................................100.00 per hour OUTSIDE CONSULTANTS Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.REIMBURSABLES Reimbursable items, such as the cost of reprographics, soil samples, and travel required outside the Coachella Valley will be charged at our cost plus 15% within the allowances provided in the fee breakdowns.FAIRWAY IRRIGATION DESIGN Construction Services ................................................................................$ 175.00 per hour GPS Surveying ...............................................................................................175.00 per hour CAD Drafting .................................................................................................175.00 per hour Irrigation Design ...........................................................................................175.00 per hour Meetings & Coordination .............................................................................150.00 per hour 660 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951. 782.9335 THE ALTUM GROUP Principal ...............................................................................................$ 184.00 per hour Director ..................................................................................................163.00 per hour Senior Project Manager ..........................................................................158.00 per hour Project Manager .....................................................................................152.00 per hour Assistant Project Manager......................................................................142.00 per hour Senior Associate .....................................................................................131.00 per hour Associate ................................................................................................116.00 per hour Assistant ...................................................................................................90.00 per hour Project Coordination ................................................................................79.00 per hour Administrative Assistant/Clerical ..............................................................58.00 per hour Intern ........................................................................................................37.00 per hour Utility Location Services Mobilization - 1st Hour ......................................................................................$ 150.00 1-Man Crew - Non-Prevailing .................................................................................. 90.00 2-Man Crew - Non-Prevailing ............................................................................... 169.00 1-Man Crew - Prevailing ......................................................................................$ 125.00 2-Man Crew - Prevailing ....................................................................................... 250.00 Survey Services Survey Crew - Non-Prevailing .............................................................................$ 225.00 Survey Crew - Prevailing ....................................................................................... 275.00 Survey Crew Rates Hourly rates include standard 2-man crew, 1-man robotic crew and 1-man GPS crew. Reimbursables Expenses Mileage is billed at IRS business rate plus 15%.Printing, reproduction, etc. are billed at direct cost plus 15%. 661 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951. 782.9335 HDG FAIRWAY IRRIGATION ALTUM DESIGN DEVELOPMENT Base Sheets $ 2,000.00 $10, 000.00 Golf Master Plan Exhibit $ 2, 000.00 Preliminary Grading $ 2,500.00 $2, 500.00 GPS Survey $ 9, 000.00 Site Reconnaissance, Inventory, and Analysis $ 2, 500.00 Inventory Current Irrigation System $ 3, 000.00 Irrigation Reduction/Change Plan (32 Tees)$ 9, 000.00 Irrigation Report $ 3, 000.00 Irrigation Master Plan (Tee Box, Greens Expansion, and Turf Reduction)Renovation Design $ 1, 500.00 Plans $ 12, 000.00 Water Use Analysis Report $ 3, 000.00 Preliminary Cost Estimate $ 1,500.00 $ 3, 000.00 CONSTRUCTION DOCUMENTS Landscape and Turf Reduction Demolition Plans $12, 500.00 Tee Grading Plan $15, 000.00 Turf Reduction Plans Irrigation Final Plan Set $ 4,000.00 $ 9, 000.00 Irrigation Construction Itemized Cost Estimate $ 3, 000.00 Irrigation Technical and Workmanship Specs $ 3, 000.00 Greens/Tee Box Renovations Plans $ 6,500.00 $ 1, 500.00 Irrigation Plan Set $ 9, 000.00 Irrigation Construction Itemized Cost Estimate $ 3, 000.00 Irrigation Technical and Workmanship Specs $ 3, 000.00 Planting Plan and Details $ 8, 000.00 Landscape Specifications $ 2, 000.00 Final Opinion of Probable Cost $ 5, 000.00 AGENCY APPROVAL $ 3, 500.00 MEETINGS AND COORDINATION (5)$ 4,500.00 $ 3,000.00 $ 1, 500.00 CONSTRUCTION BID ASSISTANCE $ 1,500.00 $ 3, 000.00 CONSTRUCTION SUPPORT General Irrigation Support $ 3, 000.00 Construction Staking Green/Tee Expansion/Relocation)$ 5, 600.00 Computer Database Update Tees/Greens/ Turf Reduction)$ 6, 000.00 Record Drawings of Revised Sprinklers - 32 Tees Optional)$ 5, 000.00 Record Drawings of New Turf Areas and Irrigation Optional)$ 4, 000.00 Construction Observation Services - Hourly $ 7, 500.00 REIMBURSABLES $ 1,500.00 $ 500.00 SUBTOTAL $67,000.00 $105,100.00 $29, 000.00 TOTAL $201, 100.00 FEE SCHEDULE 662 HERMANN DESIGN GROUPPALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951. 782.9335 HDG FAIRWAY IRRIGATION ALTUM DESIGN DEVELOPMENT Base Sheets $ 2,000.00 $ 10, 000.00 Golf Master Plan Exhibit $ 2, 000.00 GPS Survey $ 9, 000.00 Site Reconnaissance, Inventory, and Analysis $ 2,500.00 $ 15, 000.00 Irrigation Master Plan Plans $ 8, 000.00 Water Use Analysis Report $ 3, 000.00 Record Drawings and Computer Database Update $ 6, 000.00 Preliminary Cost Estimate $ 1,500.00 $ 3, 000.00 CONSTRUCTION DOCUMENTS Landscape and Turf Reduction Plans $ 2, 500.00 Irrigation Final Plan Set $ 9, 000.00 Irrigation Construction Itemized Cost Estimate $ 3, 000.00 Irrigation Technical and Workmanship Specs $ 3, 000.00 Planting Plan and Details $ 8, 500.00 Landscape Specifications $ 2, 500.00 AGENCY APPROVAL $ 3, 500.00 MEETINGS AND COORDINATION (5)$ 3,500.00 $ 3,000.00 $ 1, 500.00 REIMBURSABLES $ 1,500.00 $ 500.00 SUBTOTAL $30,000.00 $62,500.00 $11, 500.00 TOTAL $104, 000.00 FEE SCHEDULE MOUNTAIN 663 664 Contract No. C44200 Page 1 of 3 AMENDMENT NO. 1 TO THE DESERT WILLOW GREENS/TEE BOX RENOVATION AND TURF REDUCTION BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP 1. Parties and Date. This Amendment No 1 to the Desert Willow Greens/Tee Box Renovation and Turf Reduction is made and entered into as of this 6th day of September 2023, by and between the City of Palm Desert (“City”) and Hermann Design Group, a Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert CA 92211 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Hermann Design Group have entered into an agreement entitled Desert Willow Greens/Tee Box Renovation and Turf Reduction dated September 29, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Hermann Design Group to provide landscape architecture services for Desert Willow. 2.2 Amendment. The City and Hermann Design Group desire to amend the Agreement to increase compensation to include additional services. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1 Section 3. Section 3.3 of the Agreement is hereby amended in its entirety to read as follows: 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under Exhibit "C" of the original Agreement and in Exhibit “D” attached hereto and incorporated herein by reference. The total compensation shall increase by Ten Thousand Dollars ($10,000) and not exceed Three Hundred Fifteen Thousand One Hundred Dollars ($315,100) without written approval of the City Council or City Manager, as applicable. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each DocuSign Envelope ID: D897BEC7-DE67-40DA-A28F-670FAF974BFD 665 Contract No. C44200 Page 2 of 3 of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: D897BEC7-DE67-40DA-A28F-670FAF974BFD 666 Contract No. C44200 Page 3 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO DESERT WILLOW GREENS/TEE BOX RENOVATION AND TURF REDUCTION BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Desert Willow Greens/Tee Box Renovation and Turf Reduction as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Best Best & Krieger LLP City Attorney HERMANN DESIGN GROUP, INC., A CORPORATION By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval DocuSign Envelope ID: D897BEC7-DE67-40DA-A28F-670FAF974BFD CEO/President Chris Hermann CFO/CORPORATE SECRETARY Kristin Hermann 667 Work Authorization Date 7/20/2023 WA # 2023053 Name / Address VIA EMAIL City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92211 Hermann Design Group, Inc. 78365 Highway 111, PMB 332 La Quinta, CA 92253 Please sign and return via facsimile or email to kristin@hdg-inc.com Total 760-777-9131 Phone / 760-777-9132 Fax Signature: _____________________________________________________________ Description Total GREENS/TEE BOX RENOVATION DESERT WILLOW GOLF RESORT Landscape Architecture Services HDG Job No.: 22053.01 Amendment 01 Firecliff Tenth Tee Alternative Locations Hermann Design Group (HDG) and The Altum Group will make the appropriate revisions to final plans and bid schedule to add tenth tee alternative locations for the Firecliff tee relocation plans. All other provisions of the original agreement shall apply herein; reimbursable expenses to be billed separately if incurred. 10th Tee Relocation - Alternative Locations 10,000.00 $10,000.00 "EXHIBIT D" "EXHIBIT D" DocuSign Envelope ID: D897BEC7-DE67-40DA-A28F-670FAF974BFD 668 Contract No. C44200 Page 1 of 3 Revised 07-2023 BBK 72500.00001\32445060.1 AMENDMENT NO. 2 TO THE DESERT WILLOW GREENS/TEE BOX RENOVATION AND TURF REDUCTION BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP 1. Parties and Date. This Amendment No 2 to the Desert Willow Greens/Tee Box Renovation and Turf Reduction is made and entered into as of this 25th day of July, 2024, by and between the City of Palm Desert (“City”) and Hermann Design Group, a Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Hermann Design Group have entered into an agreement entitled “Desert Willow Greens/Tee Box Renovation and Turf Reduction” dated September 29, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Hermann Design Group to provide landscape architecture services for Desert Willow. 2.2 Amendment. The City and Hermann Design Group desire to amend the Agreement to increase compensation to include additional services. The Parties have heretofore entered into that Amendment No. dated September 6, 2023. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1.1 Compensation. Section 3.3 of the Agreement is hereby amended in its entirety to read as follows: "3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under Exhibit "C" of the original Agreement, Exhibit “D” in Amendment 1, and Exhibit “E” attached hereto and incorporated herein by reference. The total compensation shall increase by Nine-Thousand and Eighty-Five Dollars ($9,085.00) and not exceed Three Hundred Twenty-Four Thousand One-Hundred and Eighty-Five Dollars ($324,185.00) without written approval of the City Council or City Manager, as applicable." 3.1.2 Term. Section 3.3 of the Agreement is hereby amended in its entirety to read as follows: “3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, Docusign Envelope ID: 662FC4FD-3457-4287-A9DB-8735412D16BD 669 Contract No. C44200 Page 2 of 3 Revised 07-2023 BBK 72500.00001\32445060.1 whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 662FC4FD-3457-4287-A9DB-8735412D16BD 670 Contract No. C44200 Page 3 of 3 Revised 07-2023 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO DESERT WILLOW GREENS/TEE BOX RENOVATION AND TURF REDUCTION BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Desert Willow Greens/Tee Box Renovation and Turf Reduction as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Israh Shah Best Best & Krieger LLP City Attorney HERMANN DESIGN GROUP, A CORPORATION By: Chris Hermann CEO/President By: Kristin Hermann CFO/Corporate Secretary QC: _____ Insurance: _____ Initial Review _____ Final Approval Docusign Envelope ID: 662FC4FD-3457-4287-A9DB-8735412D16BD 671 Work Authorization Date 7/1/2024 WA # 2024030 Name / Address VIA EMAIL City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92211 Hermann Design Group, Inc. 78365 Highway 111, PMB 332 La Quinta, CA 92253 Please sign and return via facsimile or email to kristin@hdg-inc.com Total 760-777-9131 Phone / 760-777-9132 Fax Signature: _____________________________________________________________ Description Total GREENS/TEE BOX RENOVATION DESERT WILLOW GOLF RESORT Landscape Architecture Services HDG Job No.: 22053.02 Contract C44200 Amendment 02 Construction Surveying Services Firecliff Hole 10 Relocated Tee Boxes Hermann Design Group's (HDG) subconsultant The Altum Group will provide construction surveying services as required for the Firecliff Hole 10 Relocated Tee Boxes. All other provisions of the original agreement shall apply herein; reimbursable expenses to be billed separately if incurred. Construction Survey Services 7,900.00 Consultant and Agency Coordination 1,185.00 $9,085.00 Docusign Envelope ID: 662FC4FD-3457-4287-A9DB-8735412D16BD 672 Contract No. C44201 Page 1 of 4 Revised 01-2024 BBK 72500.00001\32445060.1 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP 1. Parties and Date. This Amendment No. 3 to the made and entered into on August 26, 2024, between the City of Palm Desert (“City”) and Hermann Design Group, a Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA. 92201 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Hermann Design Group have entered into an agreement entitled “Professional Services Agreement” dated September 29, 2022. (“Agreement” or “Contract”) for the purpose of retaining the services of Hermann Design Group to provide landscape architecture services for Desert Willow. 2.2 Amendment No. 3. The City and Hermann Design Group desire to amend the Agreement to increase compensation to include additional services. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.6.14 of the Agreement. Amendment Number Amendment Description Amendment Date 1 increase compensation to include additional services 09/06/2023 2 extend term and increase compensation 07/25/2024 3. Terms. 3.1.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: "3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under Exhibit "C" of the original Agreement and in Exhibit “D” in Amendment No. 1, Exhibit “E” in Amendment No. 2, and Exhibit "F" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three-Hundred and Thirty-Six Thousand One-Hundred and Eighty-Five Dollars ($336,185.00) without written approval of the City Council or City Manager, as applicable." 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. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3. Docusign Envelope ID: 134949D0-198B-43D9-8820-2AFB158BFCE8 673 Contract No. C44201 Page 2 of 4 Revised 01-2024 BBK 72500.00001\32445060.1 3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 134949D0-198B-43D9-8820-2AFB158BFCE8 674 Contract No. C44201 Page 3 of 4 Revised 01-2024 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Services Agreement as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney HERMANN DESIGN GROUP, A CORPORATION. By: Chris Hermann CEO/President By: Kristin Hermann CFO/Corporate Secretary QC: _____ Insurance: _____ Initial Review _____ Final Approval Docusign Envelope ID: 134949D0-198B-43D9-8820-2AFB158BFCE8 675 Contract No. C44201 Page 4 of 4 Revised 01-2024 BBK 72500.00001\32445060.1 Docusign Envelope ID: 134949D0-198B-43D9-8820-2AFB158BFCE8 676 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Michael S. Rowe, PE, City Engineer SUBJECT: RESOLUTION APPROVING FINAL PARCEL MAP 37234 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT RECOMMENDATION: 1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 37234” 2. Authorize the City Attorney to make necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the Subdivision Improvement Agreement. BACKGROUND/ANALYSIS: On March 12, 2020, the Palm Desert City Council adopted Resolution No. 2020-17, which approved the MCP Specific Plan and Tentative Parcel Map (TPM 37234). The MCP Specific Plan and TPM 37234 regulate the development of a 32+ acre area of land comprised of two existing parcels located at the southeast corner of Monterey Avenue and Dick Kelly Avenue. The original life of the tentative map was 24 months. On April 19, 2022, the Palm Desert Planning Commission, by Minute Motion, granted an 18 - month extension of time for TPM 37234 until September 12, 2023. On July 18, 2023, the Palm Desert Planning Commission adopted Planning Commission Resolution No. 2835, granting an additional 12-month extension of time for TPM 37234 until September 12, 2024. On September 3, 2024, the Palm Desert Planning Commission adopted Planning Commission Resolution No. 2880, granting an additional 6-month extension of time for TPM 37234 until March 12, 2025. Resolution No. 2880 included Conditions of Approval for certain improvements to be constructed and impact fees to be paid. These improvements include: 1. Payment of fair share (25%) for the traffic signal modifications at Monterey and Street A is deferred since the traffic study did not warrant it at this time. The City of Rancho Mirage is neutral on this matter since there is no project to warrant its need or location at this time. The future project will therefore be required to pay for any installation if their future project desires a signal or median modification mid-block on Monterey, and their project- specific Traffic Study warrants its installation. 2. The costs for future relocation of power lines along Monterey, to accommodate a future deceleration lane into the project, were established with a preliminary plan showing a 677 City of Palm Desert Resolution Approving Final Parcel Map 37234 and Agreements Page 2 of 3 reasonable location for a project entrance. This plan included a left-in off southbound Monterey along with the right-in/right-out entrance from northbound Monterey. This preliminary plan was used to establish a reasonable estimate of probable costs that included moving two power poles, replacement of the sidewalk along Monterey, and median improvements in Monterey. This plan and estimate was submitted and approved by the City Engineer. 3. The applicant’s traffic consultant developed a fair-share cost for necessary modifications to the existing signal at Monterey Avenue and Dick Kelly, which was included in the cost estimate approved by the City Engineer. 4. The pedestrian and vehicular access easements through each parcel were satisfied with a note in the Owner’s Statement. Each parcel will allow reciprocal rights through each other, with the locations determined through the entitlement process of each parcel and their individual Conditions of Approval. Applicant has entered into a Subdivision Improvement Agreement with bonds for the completion and payment of these improvements based on the Preliminary Cost Estimates provided to the City and approved by the City Engineer. Applicant has also paid their impact fees for Drainage and Art in Public Places. Legal Review: This report has been reviewed by the City Attorney’s Office. Environment Assessment/Environmental Review: The proposed Final Map is a project under CEQA. The adoption of the Final Map is exempt from CEQA under Section 15268(b) of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines). Section 15628(b) exempts ministerial approval by public agencies from CEQA. Final Maps are specifically cited as a type of ministerial permit. Therefore, this project qualifies for the identified exemption. The original Specific Plan and tentative map were evaluated for environmental impact s, and a Mitigated Negative Declaration was adopted per CEQA requirements. FINANCIAL IMPACT: There are no direct impacts to the General Fund with this action. However, when the modifications of the public streets and signals are completed their long term maintenance will be the responsibility of the City of Palm Desert ATTACHMENTS: 1. Resolution 2. Planning Commission Resolution 2880 3. City Council Reso 2020-17 4. Conditions of Approval 5. TPM 37234 678 City of Palm Desert Resolution Approving Final Parcel Map 37234 and Agreements Page 3 of 3 6. Final Parcel Map 37234 7. Subdivision Improvement Agreement 8. Subdivision Improvement Bond 679 680 1 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP 37234. WHEREAS, Parcel Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and WHEREAS, the Tentative Parcel Map 37234 (TPM 37234) was approved to subdivide a 32.8 acre site into 2 commercial parcels (approximately 15.4 acres) and 2 residential parcels (approximately 17.4 acres): and WHEREAS, the Final Subdivision Map of Parcel Map 37234 has been approved by the City Surveyor and City Engineer and securities posted. Final Subdivision Map of Parcel Map 37234 includes 2 residential parcels, 2 commercial parcels and 1 lots for public street expansion. City will execute a maintenance and easement agreement with Applicant upon completion for that portion of expanded right of way to be maintained in perpetuity: and WHEREAS, the Final Subdivision Map of Parcel Map 37234, has met the Conditions of Approval for this project (Resolution No 2020-17). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Final Subdivision Map of Parcel Map 37234, City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map. SECTION 3. The Director of Development Services is directed to process the Parcl Map for recording upon receipt of the required payment of all fees. SECTION 4. Effective Date. This Resolution shall take effect immediately upon this adoption. ADOPTED ON , 2024. KARINA QUINTANILLA, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK 681 682 PLANNING COMMISSION RESOLUTION NO. 2880 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SIX MONTH TIME EXTENSION FOR TENTATIVE PARCEL MAP 37234 UNTIL MARCH 14, 2025 CASE NO. TPM 37234 Extension of Time No. 3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of March 2020, adopt Resolution No. 2020-17, adopting a Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act (CEQA, and approving the MCP Specific Plan and Tentative Parcel Map 37234 (TPM 37234) to subdivide 32 acres located at the southeast corner of Monterey Avenue and Dick Kelly Drive into four (4) parcels; and WHEREAS, the original resolution for the tentative map established a 24-month life and was set to expire on March 24, 2022; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of April 2022 grant an 18-month time extension of time for TPM 37234 until September 12, 2023; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of July 2023 grant an 12-month time extension of time for TPM 37234 until September 12, 2024; and WHEREAS, a timely request was filed by Chambers Development, the authorized representative for the property owner, MCL Palm Desert GST, for a six month time extension of TPM 37234; and WHEREAS, the original findings and Conditions of Approval in the entirety for Planning Case Nos. SP 16-342 and TPM 37234 as stated in City Resolution No. 2020-17 are still applicable to the project and incorporated herein by reference; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of September 2024, consider the request by the property owner for approval of the above-noted extension of time request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 683 PLANNING COMMISSION RESOLUTION NO. 2880 2 SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Project Approval. The Planning Commission approves a six month time extension for Planning Case No. TPM 37234 from September 12, 2024, to March 12, 2025, subject to the Conditions of Approval attached hereto as Exhibit “A.” ADOPTED ON September 3, 2024 RON GREGORY CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2880 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on September 3, 2024, 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 September ____, 2024. RICHARD D. CANNONE, AICP SECRETARY 684 PLANNING COMMISSION RESOLUTION NO. 2880 3 EXHIBIT A CONDITIONS OF APPROVAL CASE NOS. TPM 37234 EXTENSION OF TIME NO. 3 PLANNING DIVISION: 1. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. The Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of Project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 2. The Applicant shall comply with the Conditions of Approval of the previously approved Planning Case No. TPM 37234, per City Council Resolution No. 2020-17, attached hereto as Exhibit “B” in their entirety. The Conditions of Approval are still applicable and valid and are incorporated herein by reference. The tentative map will expire on before March 12, 2025. END OF CONDITIONS OF APPROVAL 685 PLANNING COMMISSION RESOLUTION NO. 2880 4 EXHIBIT B 686 PLANNING COMMISSION RESOLUTION NO. 2880 5 687 PLANNING COMMISSION RESOLUTION NO. 2880 6 688 PLANNING COMMISSION RESOLUTION NO. 2880 7 689 PLANNING COMMISSION RESOLUTION NO. 2880 8 690 PLANNING COMMISSION RESOLUTION NO. 2880 9 691 PLANNING COMMISSION RESOLUTION NO. 2880 10 692 PLANNING COMMISSION RESOLUTION NO. 2880 11 693 PLANNING COMMISSION RESOLUTION NO. 2880 12 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RESOLUTION ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORIA, ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES.” BACKGROUND/ANALYSIS: The proposed Policy CLRK-002 was developed to establish formal protocols for handling and responding to threats of violence directed toward Council Members and Candidates. This policy includes procedures for reporting threats, involving law enforcement, ensuring confidentiality, and an incident report checklist. The policy comes in response to recent threats directed at a Council Member. While these threats have gained public attention, the City is committed to handling them discreetly, in compliance with legal guidelines and best practices for public safety. The key provisions of Policy CLRK-002 include: 1. Immediate Reporting: Council Members, Candidates, and staff must immediately report any threats to the City Manager and law enforcement. 2. Law Enforcement Involvement: Law enforcement will assess the risk and determine the necessary actions, including potential investigations and protective measures. 3. Confidentiality: All details of the threats will be kept confidential and shared only with necessary personnel to ensure the safety of those involved. 4. Facility Access Control: Guidelines are established to limit unauthorized access to City Hall during off-hours to minimize vulnerabilities. 5. Training: Regular training will be conducted for relevant staff and officials to ensure preparedness for handling threats. 6. Public Communication: The City Manager or designee, in coordination with law enforcement, will handle any necessary public communication regarding threats, ensuring that investigations and individual safety are not compromised. 7. Incident Response Checklist: The attached Exhibit A provides a detailed checklist for immediate reporting, risk assessments, mitigation steps, and coordination with law enforcement and the legal and communications teams, which ensures thorough and systematic handling of threats. The policy is aligned with the City’s Workplace Violence Prevention Plan (WVPP) and complies with state regulations, including SB 553, which mandates proactive measures for p reventing workplace violence. 755 City of Palm Desert Policy on Threats of Violence Directed Towards Council Members and Candidates Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s Office FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. Draft Resolution 2. Exhibit A – Policy CLRK-002 756 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES WHEREAS, the City of Palm Desert is committed to maintaining a safe environment for its Council Members, Candidates, and staff; and WHEREAS, threats of violence directed toward public officials are becoming an increasing concern nationwide and pose significant safety risks; and WHEREAS, the City Council recognizes the importance of establishing formal protocols for reporting and responding to such threats to ensure the safety and security of Council Members, Candidates, and City staff; and WHEREAS, the City of Palm Desert’s Workplace Violence Prevention Plan (WVPP) and state laws, including SB 553, support proactive measures to mitigate risks related to workplace violence; and WHEREAS, Policy CLRK-002, attached as Exhibit A, has been developed to provide clear procedures for the reporting, assessment, and manageme nt of threats of violence directed toward Council Members and Candidates; and WHEREAS, the City Council finds that adopting this policy will promote safety, consistency, and confidentiality in addressing such threats and ensure cooperation with law enforcement authorities as needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby adopts Policy CLRK-002: Threats of Violence Directed Toward Council Members and Candidates, as outlined in Exhibit A attached hereto. SECTION 3. The City Manager is authorized to implement and enforce the provisions of Policy CLRK-002, including any future revisions necessary to comply with applicable laws or enhance the safety protocols therein . SECTION 4. The City Clerk shall certify the passage and adoption of this resolution and shall enter it into the official records of the City of Palm Desert. 757 Resolution No. 2024-____ Page 2 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 758 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject THREATS OF VIOLENCE DIRECTED TOWARD COUNCILMEMBERS AND CANDIDATES Policy No. CLRK-002 Date Approved: Amended: Approved by Resolution No. 2024-____ Authored by Anthony J. Mejia, City Clerk I. PURPOSE To establish a protocol for responding to threats of violence received by or directed toward Council Members and Candidates. II. SCOPE This policy applies to all City staff and officials who may become aware of threats of violence directed at Council Members or Candidates. This policy supplements the Workplace Violence Prevention Plan which would otherwise exclude candidates. III. DEFINITIONS A. Candidate: An individual who has filed the necessary paperwork and is actively campaigning for election to the Palm Desert City Council, in compliance with applicable election laws and regulations. B. Confidentiality: The obligation to keep all details related to threats, investigations, and protective measures private and to share such information only with authorized individuals as necessary for the safety and security of Council Members, Candidates, and City personnel. C. Council Member: An individual currently serving in an elected capacity on the City Council of Palm Desert. D. Law Enforcement Authorities: This refers to any local, state, or federal agency responsible for enforcing laws and protecting public safety. This may include the local police department, sheriff’s office, or other agencies involved in investigating and responding to threats. E. Threat of Violence - Any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose. F. Workplace Violence Prevention Plan (WVPP): A policy adopted by the City of Palm Desert designed to prevent and respond to incidents of violence in the workplace, ensuring the safety and well-being of employees. This plan is referenced in conjunction with this policy but excludes Candidates. 759 Administrative Procedures Manual CLRK-002 Citywide Records Management Policy Page 2 of 5 IV. POLICY A. Responsibilities of Council Members and Candidates: 1. Reporting Threats of Violence: Any Council Member or Candidate who perceives, experiences, or believes there is a threat to their safety must immediately report the threat to the City Manager and law enf orcement authorities. This includes threats made in person, through electronic communications, or via other means. 2. Basic Due Diligence: Council Members and Candidates are responsible for taking basic safety precautions in the event of a threat, such as: a. Notifying law enforcement immediately if the threat appears imminent. b. Avoiding public appearances or activities that may increase risk until guidance from law enforcement is received. c. Keeping a record of any threatening communications or actions, including written or digital communications, recordings, or eyewitness statements, to assist in any investigation. 3. Cooperation with Law Enforcement: Council Members and Candidates must fully cooperate with law enforcement in the investigation and assessment of any threats of violence. This includes providing all relevant details and following any recommended safety measures. 4. Confidentiality: Council Members and Candidates must also maintain the confidentiality of the investigation and avoid sharing details about t he threat with unauthorized individuals, unless advised otherwise by law enforcement. 5. Facility Access Control: a. Council Members are prohibited from inviting members of the public into City Hall after hours or on weekends without a special exception from the City Manager. This restriction is intended to reduce vulnerabilities during times when staff and law enforcement presence may be limited. b. Family members or guests of Council Members may be permitted to visit their offices or take brief tours of City Hall, but entry into employee-only areas is strictly prohibited unless authorized by the City Manager. Guests must remain under the direct supervision of the Council Member while on City premises . B. Training: The City shall provide regular training to relevant staff and officials on recognizing, reporting, and responding to threats of violence, specifically including those directed toward Council Members and Candidates. This training should include scenarios and best practices to ensure preparedness. The policy will also be provided during candidate orientations and new Council Member orientations to ensure all individuals are familiar with the procedures and protocols. This training is to be conducted in alignment with the City’s Workplace Violence Prevention Plan (WVPP) to ensure comprehensive safety measures across all departments, as mandated by SB 553. 760 Administrative Procedures Manual CLRK-002 Citywide Records Management Policy Page 3 of 5 C. Immediate Reporting: Any City employee, official, or individual who becomes aware of a threat of violence directed at a Council Member or Candidate must report the threat as soon as reasonably possible to the City Manager and local law enforcement authorities. The report should include all available details of the threat, including the nature of the threat, how it was received, and any identifying information about the person making the threat. Refer to Exhibit A for a step-by-step checklist on the immediate reporting procedures and necessary actions following the receipt of a threat. D. Law Enforcement Involvement: The City Manager or designee will ensure that the threat is communicated to law enforcement and/or appropriate personnel for assessment and appropriate action. Law enforcement will determine the level of risk and take necessary steps to protect the Council Member or Candidate, which may include monitoring, investigation, or providing protective services. E. Confidentiality: The identity of the Council Member or Candidate and the details of the threat shall be kept confidential, shared only on a need-to-know basis with law enforcement and key City officials, or as otherwise required by law. F. Communication: The City Manager or designee, in consultation with law enforcement, will guide the Council Member or Candidate on appropriate steps to take, including any changes to their public schedule or activities. Any public communication about the threat will be handled by the City Manager or designee in coordination with law enforcement, ensuring that the information released does not compromise the investigation or the safety of the individual involved. G. Policy Updates and Amendments: This policy may be amended or updated as needed to reflect changes in the law, organizational structure, or operational needs. It shall be reviewed periodically to ensure alignment with the City’s WVPP and compliance with applicable state laws, including SB 553. All amendments shall be approved by the City Manager and communicated to relevant staff. H. Effective Date: This policy is effective immediately and shall remain in effect until amended or rescinded by the City Manager or City Council. 761 Administrative Procedures Manual CLRK-002 Citywide Records Management Policy Page 4 of 5 EXHIBIT A INCIDENT RESPONSE CHECKLIST: THREATS OF VIOLENCE Immediate Reporting (Reporting Party) ☐ Report any threat (verbal, written, electronic, etc.) to the City Manager and law enforcement authorities immediately. ☐ Include all available details in the report (e.g., nature of the threat, how it was received, and any information about the person making the threat). Responsibilities of Council Members and Candidates ☐ Take basic safety precautions (e.g., avoiding public appearances or high -risk activities until guidance is received from law enforcement). ☐ Document any threatening communications or actions to assist investigations. ☐ Do not share details of the threat with unauthorized individuals unless directed otherwise by law enforcement. Risk Assessment and Mitigation (City Manager’s Office) ☐ Ensure law enforcement is requested to conduct a risk assessment. ☐ Review security procedures and any vulnerabilities exposed by the incident. ☐ Conduct a security audit of facilities and adjust access controls, surveillance, or other measures as necessary. Guidance from City Manager and Law Enforcement ☐ The City Manager or designee, in consultation with law enforcement, will advise the Council Member or Candidate on any immediate steps to take, including changes to their public schedule or activities. ☐ Ensure that the Council Member or Candidate is advised on safe transportation options, including escorts if necessary. ☐ Determine whether the Council Member or Candidate should temporarily work remotely or limit exposure at public facilities such as City Hall. ☐ Advise on any necessary changes to communications, such as limiting public access to contact information or social media accounts. ☐ Establish a direct line of communication between the Council Member or Candidate and designated law enforcement personnel for real-time updates and support. Coordination with Legal and Communications Teams (City Manager’s Office) ☐ Coordinate with the legal team to ensure compliance with relevant laws and any potential legal ramifications. ☐ Review any necessary legal filings, restraining orders, or other legal actions that should be taken following the threat. ☐ Collaborate with the City’s Communications Team for a controlled public response, ensuring that messaging aligns with safety and confidentiality protocols. 762 Administrative Procedures Manual CLRK-002 Citywide Records Management Policy Page 5 of 5 Post-Incident Review and Documentation (City Manager’s Office) ☐ Conduct a debriefing with law enforcement, the City Manager, and relevant personnel to review the incident. ☐ Update the City's threat database or incident log with pertinent information to track recurring issues or patterns. ☐ Identify any areas for policy improvement or further training based on the incident. 763 764 Page 1 of 5 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Randy Chavez, Deputy Public Works Director SUBJECT: STREET SWEEPING UPDATE RECOMMENDATION: Receive and file an update on Street Sweeping. BACKGROUND/ANALYSIS: This staff report provides an overview of the City of Palm Desert’s street sweeping services, highlighting two key contracts and recent developments. CVAG Regional PM 10 Street Sweeping Program Program Overview: The City of Palm Desert (City) participates in the Regional PM 10 Street Sweeping Program, which is managed by the Coachella Valley Association of Governments (CVAG) and supported by the South Coast Air Quality Management District (SCAQMD). The program aims to mitigate particulate matter less than 10 microns (PM 10), which is generated by wind events, vehicle traffic, and construction. Funding: Assembly Bill 2766 (AB 2766) is a California law that provides funding from vehicle registration fees to support local efforts aimed at reducing air pollution from mobile sources. Under the City’s AB 2766 Memorandum of Understanding (MOU), 75% of the City’s AB 2766 funds are allocated to CVAG for this initiative. This program is a critica l part of the Coachella Valley’s State Implementation Plan, which is designed to address elevated levels of particulate matter (PM 10). Annual Funding: The City receives approximately $74,000 annually from SCAQMD. Allocation to CVAG: About $55,500 (75%) of these funds are allocated to CVAG. Scope: The program covers major arterials throughout Palm Desert and the Coachella Valley under a regional sweeping agreement managed by CVAG. Streets include: Monterey: Varner to Country Club (east side) Hwy 74: Hwy 111 to Cahuilla Way Hwy 111: Cook Street to Parkview Hovley Lane East: Cook to Washington Deep Canyon: Hwy 111 to Fred Waring Country Club: Washington to Monterey Gerald Ford: Monterey to Portola Gerald Ford: Portola to Cook Portola: Gerald Ford to Country Club Frank Sinatra: Monterey to El Dorado Dinah Shore: Miriam Way to Portola Avenue Washington Street: Fred Waring Drive to Country Club (west side) 765 City of Palm Desert Street Sweeping Update Page 2 of 5 Eldorado: Hovley Lane East to Frank Sinatra Cook Street: Fred Waring to Dinah Shore Frequency: Sweeping occurs twice a month. Contractor: CleanStreet is contracted to manage the regional street sweeping program for CVAG, benefiting from economies of scale that reduce per-mile costs. Performance Assessment: CleanStreet has consistently underperformed in providing services, leading to repeated expressions of dissatisfaction from City staff. Despite frequent communication with CVAG and direct outreach to CleanStreet regarding the inadequate service, there has been little to no improvement. Recently, staff presented several concerns to CVAG’s new street sweeping project manager, including: Frequent staff turnover and new drivers Insufficient supervision and accountability Underpowered and inadequate equipment Non-compliance with the scheduled sweeping times Incomplete sweeping services Additionally, neighboring agencies within the program have reported similar issues. One agency even invested in its own equipment to improve street cleaning services. On August 27, 2024, CVAG held a roundtable meeting with all participating agencies to discuss these issues and explore potential solutions. Recent Updates: May 7, 2024: Amendment 6 to the MOU was extended through June 30, 2026. August 1, 2024: City staff met with CVAG’s new street sweeping project manager to discuss ongoing service inconsistencies. August 27, 2024: CVAG announced that CleanStreet would be required to install GPS units in vehicles to monitor and ensure adherence to the sweeping schedule . Annual Citywide Sweeping Services Contract Award: On April 27, 2023, the City Council awarded a three -year contract to M&M Sweeping for citywide sweeping services. Cost: Annual Contract: $230,917 Additional Services: $25,000 Scope: This contract covers all residential neighborhoods, the entire business district (including El Paseo), and City-owned parking lots, such as those at the Civic Center campus, parks, and corporation yards. Sweeping services extend across approximately 250 curb miles of streets and nearly 1.9 million square feet of parking lots. Additionally, emergency sweeping services are available for immediate response to high-wind events or storms to maintain safety and cleanliness in critical areas. 766 City of Palm Desert Street Sweeping Update Page 3 of 5 Frequency: Sweeping services are performed twice a month. Performance Assessment: M&M Sweeping has recently faced performance inconsistencies. One major issue contributing to these inconsistencies has been vehicles parked along the street on sweeping days. To address this problem, the City is developing a new app that will allow residents to input their address and check the scheduled sweeping days. Once launched, the app will be promoted through the Public Affairs team to educate residents about the app and the street sweeping schedule. In response to recent complaints, the City has also taken the following actions: Daily check-ins with drivers, Weekly meetings with the supervisor, and Regular staff inspections While challenges remain, staff have observed some improvements. Continued oversight will be required to maintain and further enhance service quality. Recent Updates: June 12, 2024: Staff met with M&M Sweeping representatives to discuss service inconsistencies. Key issues identified include: o Lack of communication, o Lack of supervision, and o Vehicles parked on streets during sweeping days. August 28, 2024: Staff initiated weekly meetings to discuss improvements. Additional Measures Performance Assessment: Over the past year, staff has addressed excessive sand buildup along curbs, gutters, and turn pockets by renting a street sweeper. This approach has led to significantly improved street cleanliness and safety, resulting in fewer constituent complaints. In - house sweeping efforts have consistently yielded better results compared to contracted services. Rental of Street Sweeper: To manage problematic areas, especially after rain events, the City has been renting a street sweeper at a cost of approximately $15,000 per month. Purchase of New Street Sweeper: A new street sweeper, expected by fall, will help manage problem areas between scheduled sweeps and during adverse weather conditions. The cost is approximately $500,000. This purchase aims to improve overall service quality. Cost Estimate for Full Program Management: To further improve the City’s sweeping services, staff have prepared the following cost estimates for managing the program in -house with dedicated equipment operators: Full-Time Equipment Operators (2): $315,602 Fuel (2): $30,000 Maintenance (2): $50,000 Disposal Fees (2): $20,000 767 City of Palm Desert Street Sweeping Update Page 4 of 5 Additional Sweeper (One-time Cost): $550,000 Total Estimated First-Year Cost: $965,602 Total Estimated Following-Year Cost: $415,602 Recent Developments: As noted, staff recently met with CVAG and M&M Sweeping to address concerns regarding inadequate sweeping operations. Additionally, staff is coordinating with Code Compliance to manage vehicle parking issues. Note that CleanStreet and M&M Sweeping have historically been the primary companies submitting proposals for street sweeping services. Recommendation: The City will closely monitor and document the level of service from both contractors over the next six months. This assessment will help determine whether the necessary improvements have been made or if bringing sweeping services in-house should be considered. If the level of service does not improve, staff will evaluate the feasibility of assuming responsibility for street sweeping services as part of next fiscal year's budget planning. Next Steps: Evaluate Feasibility: Continue assessing the costs and feasibility of transitioning to an in-house street sweeping program. Explore Additional Services: Investigate the possibility of securing additional weekly services from contractors to improve overall performance. Service Improvements: Continue to monitor contractor performance and explore all options to enhance current street sweeping services. Additional Considerations To evaluate the feasibility of taking over the entire street sweeping program, the following costs have been estimated: Additions Annual Cost Quantity Total Full-Time Equipment Operator $157,801 2 $315,602 Fuel $15,000 2 $30,000 Maintenance $25,000 2 $50,000 Disposal Fees $10,000 2 $20,000 Total Annual Cost $207,801 2 $415,602 Additional Sweeper One-time Cost 1 $550,000 1st Year Costs $965,602 Annual Cost Comparison In-House Services $415,602 Current Contractual Services $255,917 Additional Annual Costs $159,685 Cost of Adding Weekly Service: Staff will investigate whether contractors can provide additional weekly sweeping services and the associated costs. 768 City of Palm Desert Street Sweeping Update Page 5 of 5 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct financial impact associated with this update. 769 770 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Joe Barron, Senior Grants and Contract Analyst Veronica Chavez, Director of Finance SUBJECT: APPROVE AN AFFORDABILITY RESTRICTION AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC, INCLUDING A CONCESSION PROVIDING FOR REIMBURSEMENT OF IMPACT FEES FROM THE CITY’S HOUSING MITIGATION FEES RECOMMENDATION: 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING (1) AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC REGARDING A MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH 388 TOTAL APARTMENTS, WITH 20% RESTRICTED TO VERY LOW INCOME AND LOW INCOME HOUSEHOLDS; AND (2) A DEVELOPMENT FEE AGREEMENT FOR THE USE OF HOUSING MITIGATION FEES IN AN AMOUNT NOT TO EXCEED $180,000 AS REIMBURSEMENT TO DEVELOPER IN EXCHANGE FOR RESTRICTING 5 UNITS TO QUALIFYING HOUSEHOLDS WITH LOCAL EMPLOYEES.” 2. Approve the Affordability Restriction and Regulatory Agreement (the “Agreement”), by and between the City of Palm Desert and Bravo Garden Apartments, LLC, in accordance with the conditions of approval adopted by Resolution No. 2018-18, for the development of 388 units known as Bravo Garden Apartments, a multifamily rental housing project located at located on Hovely Lane, Palm Desert, California (the “Project”), substantially as to form. 3. Authorize the Development Fee Agreement for the use of Housing Mitigation fees up to $180,000 to reimburse the developer for the fees attributable to five (5) units restricted for occupancy for qualifying residents who work within the Palm Desert city limits. 4. Authorize the City Manager or his designee, and/or legal counsel to negotiate and finalize the Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof. 5. Authorize the Mayor and/or City Manager to execute and deliver the finalized Agreement, for and in the name of the City, the Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Agreement. BACKGROUND/ANALYSIS: On April 26, 2018, the City Council adopted Resolution No. 2018-18, approving a density bonus, precise plan, conditional use permit, and mitigated negative declaration (the “Approvals”) for the 771 City of Palm Desert Approval of an Agreement with Bravo Garden Apartments, LLC Page 2 of 3 construction of a three hundred eighty-eight (388)-unit apartment development on the Property consisting of a mix of thirteen (13) two-story buildings and three (3) three-story buildings together with a clubhouse, recreational amenities, and roadway improvements (collectively, the “Project”). As part of the Project’s approval, the developer is required to enter into a Housing Agreement to effectuate the condition for the developer to restrict twenty percent (20%) of the units to very low and lower-income households at affordable rents. The Agreement is required to be executed and recorded for the developer to obtain building permits. The Project is now owned by Bravo Garden Apartments, LLC (“Bravo Garden”) and the condition set forth in Resolution No. 2018-18 runs with the land. Pursuant to the Approvals, Bravo Garden has agreed to restrict 20% of the units to be affordable as required by the condition of approval. The Project will include 388 total rental units. Bravo Garden has agreed to make 78 of the rental units continuously available to and occupied by, or held vacant for occupancy by, households with incomes not exceeding 50% of the area median income (“AMI”) in Riverside County at affordable rents. The affordable rental units will be comprised of units with the following number of bedrooms: Bedroom Size Very Low-Income Household Affordable Units Local Employee Households (Reserved for persons employed in Palm Desert city limits) One 36 2 Two 37 2 Three 5 1 Total 78 5 The affordable units will be restricted for 55 years, commencing upon the issuance of a final building Certificate of Occupancy for the Project. As part of the original request for a density bonus, the applicant requested a concession to waive certain development impact fees associated with the development of the affordable units. The request was reviewed at that time and concurrently with the approval of the Project, and the City Council approved assistance of up to $180,000 to offset City imposed develop ment fees as part of the Approvals. In exchange, the developer agreed to set aside a minimum of five (5) of the affordable units to persons who work within Palm Desert city limits. Assistance for the fees and the terms of how the assistance will be provided have been established in a Development Fee Agreement providing for reimbursement and made part of the Agreement. The use of Low-Income Housing Mitigation Fees is consistent with the purpose of the fees to increase, produce, improve, and preserve afforda ble housing for low and very low income households with persons who work within the City. Staff recommends approval of the Agreement s in accordance with the requirement of the affordable housing condition of approval pursuant to City Council Resolution No. 2018-18. This approval does not amend or modify the Approvals. 772 City of Palm Desert Approval of an Agreement with Bravo Garden Apartments, LLC Page 3 of 3 Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: One of the priorities of the City of Palm Desert’s (“City”) Envision Palm Desert Strategic Plan, as part of Land, Use, Housing and Open Space, is to facilitate development of high -quality housing for people of all income levels. This request meets that objective by diversifying the City’s housing stock for moderate- and lower-income households. Environment Review: This Agreement is being approved in compliance with the State Density Bonus Law (California Government Code Section 65915 et seq.) and the City’s implementing ordinance (Palm Dessert Municipal Code Section 25.34.040). The Agreement concerns rental rate restrictions and impact fee reimbursements and so, pursuant to Public Resources Code § 21166 of the California Environmental Quality Act (Pub. Res. Code § 21000 et seq. (“CEQA”) and CEQA Guidelines 15378, the Agreement is not a “project” within the meaning of CEQA as it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and, as such no environmental review is required . City staff is directed to file a notice of exemption. FINANCIAL IMPACT: The fiscal impact to the City resulting from the approval of the Development Fee Agreement is to the Housing Mitigation Fund for the reimbursement of fees of up to $180,000 upon completion of the Project. There is no financial impact to the general fund. ATTACHMENTS: 1. Draft Resolution 2. Draft Regulatory Agreement for Bravo Garden Apartments 773 774 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING (1) AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC REGARDING A MULTI - FAMILY RESIDENTIAL DEVELOPMENT WITH 388 TOTAL APARTMENTS, WITH 20% RESTRICTED TO VERY LOW INCOME AND LOW INCOME HOUSEHOLDS; AND, (2) A DEVELOPMENT FEE AGREEMENT FOR THE USE OF HOUSING MITIGATION FEES IN AN AMOUNT NOT TO EXCEED $180,000 AS REIMBURSEMENT TO DEVELOPER IN EXCHANGE FOR RESTRICTING 5 UNITS TO QUALIFYING HOUSEHOLDS WITH LOCAL EMPLOYEES. WHEREAS, BRAVO GARDEN APARTMENTS LLC, a California limited liability company (“Owner”), is the owner of real property located on Hovely Lane within the City of Palm, Desert, California (the “Property”), which is the location of a planned 388 -unit, multi-family residential rental apartment project (the “Project”) that was previously approved by the City Council pursuant to Resolution No. 2018 -18, on or about April 26, 2018. Owner is the successor in interest to the Property and the Project from the original applicant, New Cities Investment Partners, LLC, a California limited liability company ; and WHEREAS, Owner is requesting approval of an agreement for a density bonus and related concessions pursuant to the California Density Bonus Law (Government Code § 65915) and the City’s implementing ordinance at Palm Desert Municipal Code (“PDMC”) 25.34.040, as approved by Resolution No. 2018-18, Section 7 and Condition of Approval 4, pursuant to which twenty percent (20%) of the total units in the Project will be restricted for occupancy to very low income households at an affordable rent ; and WHEREAS, Owner has agreed to the terms of an Affordability Restrictions and Regulatory Agreement (Density Bonus) (the “Density Bonus Agreement”), which has been submitted to the City Council for review and consideration, and which is intended to comply with the approval from Resolution No. 2018-18, and will be recorded against the Property in compliance with the California Density Bonus Law and City ordinance; and WHEREAS, the Density Bonus Agreement provides for, among other things, that the Project may be developed with 388 units, which exceeds the base density provided for under the City zoning provisions, and Owner shall receive two concessions: (i) reimbursement of up to $180,000 in development impact fees in exchange for restricting five (5) units for very low income households with a member who works within the City, and (ii) a reduction in parking standards; and WHEREAS, PDMC § 25.34.040(G) provides that the City council is the approving body for the Density Bonus Agreement. 775 Resolution No. 2024-____ Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The City Council of the City of Palm Desert hereby makes the following findings: A. The foregoing recitals are approved and incorporated herein by reference. B. The Density Bonus Agreement is authorized by and shall comply with the prior approvals for the Project adopted by the City Council though Resolution NO. 2018-18. C. The Density Bonus Agreement is authorized by and shall comply with California Density Bonus Law and PDMC § 25.24.040. D. The Density Bonus Agreement contains the following material terms: (1) not less than seventy eight (78) units, shall be restricted for occupancy by very low income households (the “Affordable Units”), (2) the Affordable Units shall be leased to qualifying households at an affordable rent, as determined in accordance with the California Density Bonus Law, (3) a concession that provides the City will pay up to $180,000 in reimbursement for impact fees attributable to five (5) of the Affordable Units restricte d for occupancy by households with members who work within the City, to be paid from available funds from the City’s Low Income Housing Mitigation Fees, (4) a concession that provides for a reduction in parking standards to allow 1.77 spaces per unit, and (5) all other terms and conditions set forth in the Density Bonus Agreement submitted to the City Council in conjunction with the approval of this resolution. E. The Density Bonus Agreement furthers the City’s Envision Palm Desert Strategic Plan by facilitating development of high-quality housing for people of all income levels, diversifies the City’s housing stock for low income households, and provides housing opportunities for local employees. F. The Project will further the City’s goal of providing affordable housing opportunities to low income households. G. The use of Low Income Housing Mitigation Fees is consistent with Resolution No. 90-130 because reimbursement of impact fees on the Project serves the purpose of increasing, producing, improving and preserving affordable housing for very low income households with persons who work within the City. SECTION 2. This Density Bonus Agreement is being approved in compliance with the State Density Bonus Law (California Government Code Section 65915 et seq.) and PDMC § 25.34.040. The Agreement concerns rental rate restrictions and impact fee 776 Resolution No. 2024-____ Page 3 reimbursements and so, pursuant to Public Resources Code § 21166 of the California Environmental Quality Act (Pub. Res. Code § 21000 et seq. (“CEQA”) and CEQA Guidelines section 15378, the Agreement is not a “project” within the meaning of CEQA as it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and, as such, no environmental review is required. City staff is directed to file a notice of exemption. SECTION 3. The City Council of the City of Palm Desert, hereby approves the Density Bonus Agreement, subject to all conditions and requirements of the approvals of Resolution No. 2018-18. SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. ADOPTED ON ________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 777 Resolution No. 2024-____ Page 4 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 778 DRAFT RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: ___________________ with a copy to: Bravo Garden Apartments LLC 72877 Dinah Shore Dr., Ste. 103 Rancho Mirage, CA 92270 Attn: Claudio Bravo Space Above This Line for Recorder’s Use Only This document is recorded for the benefit of the City of Palm Desert and is exempt from the payment of a recording fees pursuant to California Government Code Sections 27383, 27881, and 6103. AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (Density Bonus) By and Between THE CITY OF PALM DESERT And BRAVO GARDEN APARTMENTS LLC DATED AS OF JUNE 13, 2024 779 DRAFT TABLE OF CONTENTS ARTICLE 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions 1.2 Rules of Construction ARTICLE 2. ONGOING PROJECT OBLIGATIONS 2.1 Project and Affordable Units 2.2 Residential Rental Property 2.3 Very Low Income Households and Very Low Income Employee Households 2.4 Affordable Rent 2.5 Rent Increases 2.6 Income Recertification of Affordable Units 2.7 Lease or Occupancy Agreement 2.8 Security Deposits 2.9 Additional Information; Books and Records 2.10 Specific Enforcement of Affordability Restrictions 2.11 Audit 2.12 Management Agent 2.13 Binding for Term ARTICLE 3. TERM AND RECORDATION 3.1 Term of Agreement 3.2 Agreement to Record 3.3 Early Termination of Restrictions ARTICLE 4. DEFAULT; REMEDIES 4.1 An Event of Default 4.2 City’s Option to Lease 780 DRAFT P6401-0001\2870067v1.doc 3 4.3 City Remedies 4.4 Action at Law; No Remedy Exclusive ARTICLE 5. GENERAL PROVISIONS 5.1 Limitations on Recourse 5.2 Maintenance, Repair, Alterations 5.3 Notice 5.4 Relationship of Parties 5.5 No Claims 5.6 Conflict of Interests 5.7 Non-Liability of City Officials, Employees and Agents 5.8 Unavoidable Delay; Extension of Time of Performance 5.9 Indemnity 5.10 Rights and Remedies Cumulative 5.11 Applicable Law 5.12 Severability 5.13 Legal Actions 5.14 Binding Upon Successors 5.15 Time of the Essence 5.17 Complete Understanding of the Parties 5.18 Covenants to Run With the Land 5.19 Burden and Benefit 5.20 Counterparts 5.21 Amendments EXHIBIT A: Legal Description ..................................................................................................... A-1 EXHIBIT B: Household Income Certification ........................................................................... B-1 EXHIBIT C: Certificate of Continuing Compliance ................................................................ C-1 781 DRAFT P6401-0001\2870067v1.doc 4 EXHIBIT D: Development Fee Agreement ................................... D-1 EXHIBIT E: Affordable Housing Development Plan ............................ E-1 782 DRAFT P6401-0001\2870067v1.doc 5 AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (Density Bonus) THIS AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (Density Bonus) (this “Agreement”) is dated as of September 26, 2024, and is by and between the CITY OF PALM DESERT, a municipal corporation (the “City”), and BRAVO GARDEN APARTMENTS LLC, a California limited liability company (the “Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties”. RECITALS This Agreement is predicated upon the following facts: A. The Owner is the owner of certain real property located within the City of Palm Desert, California, which property is described in “Exhibit A” attached hereto and made a part hereof (the “Property”). B. The City Council adopted Resolution No. 2018-18, approving a density bonus, precise plan, conditional use permit, and mitigated negative declaration (the “Approvals”) for the construction of a three hundred eighty -eight (388)-unit apartment development on the Property consisting of a mix of thirteen (13) two -story buildings and three (3) three-story buildings together with a clubhouse, recreational amenities, and roadway improvements (collectively, the “Project”). Owner is the successor in interest to the Property and the Project from the original applicant, New Cities Investment Partners, LLC, a California limited liability company. C. The Owner has agreed to reserve seventy-eight (78) Affordable Units in the Project for Very Low Income Households at an Affordable Rent (each as defined herein), making the Project eligible for a density bonus and other concessions pursuant to California Government Code Section 65915 et seq. and the City’s Zoning Ordinance (Palm Desert Municipal Code Section 25.34.040). Accordingly, the Approvals entitle the Owner to a density bonus of one hundred eleven (111) units, for a total of four hundred twenty-six (426) units, which is more than the three hundred eighty-eight (388) units proposed for the Project, contingent upon the Owner, prior to the issuance of a building permit for the Project, entering into an agreement with the City to set forth the afforda bility restrictions for the Project as specified in the Approvals and the recordation of such agreement in the real property records of Riverside County. D. In addition to providing the Affordable Units, the Owner has agreed to reserve five (5) of the Affordable Units for Very Low Income Employee Households at an Affordable Rent (each as defined herein) in consideration for the City’s agreement to offset development fees imposed in connection with the development of the Affordable Units, in an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000), on the terms and conditions set forth in the Development Fee Agreement, which is attached 783 DRAFT P6401-0001\2870067v1.doc 6 hereto as Exhibit D and incorporated herein as part of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner hereby agree as follows: ARTICLE 1. DEFINITIONS AND INTERPRETATION. 1.1 Definitions. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. “Affordable Units” shall mean seventy-eight (78) of the three hundred eighty-eight (388) units in the Project available to and occupied by, or held vacant for occupancy only by, Very Low Income Households and Very Low Income Employee Households, and rented at an Affordable Rent. The Affordable Units shall comply with the criteria set forth in Section 2 of this Agreement. “Affordable Rent” shall mean rent for an Affordable Unit, including a Reasonable Utility Allowance, determined pursuant to California Health and Safety Code Section 50053(b) and the state regulations adopted by the California Department of Housing and Community Development pursuant thereto, as amended from time to time, based upon the AMI adjusted for a Household Size Appropriate to the Affordable Unit. More specifically, for each of the seventy-eight (78) Affordable Units reserved for Very Low Income Households and Very Low Income Employee Households, the maximum monthly Affordable Rent, including a Reasonable Utility Allowance, may not exceed thirty percent (30%) of fifty percent (50%) of the AMI, adjusted for a Household Size Appropriate to the Affordable Unit, divided by twelve (12). “AMI” shall mean the area median income for Riverside County as published by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50052.5, or successor statute, as adjusted for family size in accordance with the state regulations adopted pursuant to California Health and Safety Code Section 50052.5. “Household Size Appropriate to the Affordable Unit” in the absence of pertinent federal statutes applicable to the Project, shall have the meaning set forth in California Health and Safety Code Section 50052.5(h), as amended from time to time. “Reasonable Utility Allowance” shall mean a utility allowance for utilities paid by a tenant (not including telephone, internet or cable service), as described in Title 25 of the California Code of Regulations, Section 6918, and utilizing the utility allowance schedule published annually by the Housing Authority of the County of Riverside. “Required Covenant Period” shall mean the period commencing on the date all units in the Project have been completed as evidenced by the City’s issuance of a final 784 DRAFT P6401-0001\2870067v1.doc 7 Certificate of Occupancy for the Project, and ending as of the fifty-fifth (55th) anniversary thereof. “Very Low Income Employee Household” shall mean persons and families who meet the fifty percent (50%) or less of AMI income qualification limits set forth in California Health and Safety Code Section 50105 and Title 25 of the California Code of Regulations, Section 6926, as such statute and regulation may be amended from time to time, and who have at least one household member over the age of eighteen (18) that works in the City of Palm Desert. “Very Low Income Household” shall mean persons and families who meet the fifty percent (50%) or less of AMI income qualification limits set forth in California Health and Safety Code Section 50105 and Title 25 of the California Code of Regulations, Section 6926, as such statute and regulation may be amended from time to time. 1.2 Rules of Construction. 1.2.1 The singular form of any word used herein, including the terms defined herein shall include the plural and vice versa. The use herein of a word of any gender shall include correlative words of all genders. 1.2.2 Unless otherwise specified, references to articles, sections, and other subdivisions of this Agreement are to the designated articles, sections, and other subdivisions of this Agreement as originally executed. The words “hereof,” “herein,” “hereunder,” and words of similar import shall refer to this Agreement as a whole. 1.2.3 All of the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof. 1.2.4 Headings or titles of the several articles and sections hereof and the table of contents appended to copies hereof shall be solely for convenience of reference and shall not affect the meaning, construction, or effect of the provisions hereof. ARTICLE 2. ONGOING PROJECT OBLIGATIONS. Pursuant to the requirements of California Government Code Section 65915 et seq., and based upon the recitals set forth above, which are incorporated herein as part of this Agreement, the Owner agrees to the following: 2.1 The Project and Affordable Units. A. The Owner shall develop and construct the Project on the Property in substantial conformity with the Approvals and shall commence construction in substantial accordance with the Approvals. Thereafter, during the Required Covenant Period, the Owner agrees that not less than seventy-eight (78) units in the Project shall be Affordable Units, meaning that such units shall be continually occupied by, or held vacant for occupancy only by, Very Low Income Households and Very Low Income Employee Households. The Affordable Units shall comply with the specifications set forth in the 785 DRAFT P6401-0001\2870067v1.doc 8 Affordable Housing Development Plan attached hereto as Exhibit “E” and incorporated herein by reference, which may be amended from time to time by written consent of the Parties. B. The Owner agrees that not less than five (5) of the Affordable Units shall be continually occupied by, or held vacant for occupancy only by, Very Low Income Employee Households. C. All of the units in the Project shall be similarly constructed and all of the Affordable Units shall be generally constructed at the same time as those units which are available to other tenants, and reasonably disbursed in terms of location throughout the Project, as further set forth in the Affordable Housing Development Plan . Prior to issuance of any building permit for the Project, the Owner shall inform the City of the Affordable Units to be constructed under the requested permit and the status of pending construction, if any, for other Affordable Units. The Owner shall obtain the City’s written consent for any proposed change to the Affordable Housing Development Plan, and the City shall have the right to approve or disapprove the same within thirty (30) days’ of receipt of notice. The Affordable Units shall contain, on average, the same number of bedrooms as the unrestricted units, and shall be compatible with the design or use of the unrestricted units in terms of appearance, materials, and quality The Owner agrees that, to the extent commercially possible, Affordable Units will not be underutilized. No persons shall be permitted to occupy any Affordable Unit in excess of applicable limit of maximum occupancy set by the City Code and the laws of the State of California. As further set forth in the Affordable Housing Development Plan, the Project shall provide Affordable Units as follows: (i) Thirty-six (36) of the Affordable Units shall be one (1) bedroom/one (1) bathroom units, with two (2) of these Affordable Units for Very Low Income Employee Households; (ii) Thirty-seven (37) of the Affordable Units shall be two (2) bedroom/two (2) bathroom units, with two (2) of these Affordable Units for Very Low Income Employee Households; and (iii) Five (5) of the Affordable Units shall be three (3) bedroom/two (2) bathroom units, with one (1) of these Affordable Units for Very Low Income Employee Households. E. Concessions. Pursuant to Government Code Section 65915, the City agreed to the concessions set forth in this sub-paragraph E. The Owner agrees and acknowledges that no other concessions, incentives, or waivers are requested and that this Agreement fully satisfies the City’s obligations under California law. (i) Parking Concession. The Project shall have reduced parking, in accordance with Resolution 2018-18, which allows for a reduction in parking standards from two (2) spaces per unit to 1.77 spaces per unit. 786 DRAFT P6401-0001\2870067v1.doc 9 (ii) Development Fee Agreement. The City agrees to reimburse the Owner for development fees attributable to the Affordable Units, pursuant to the Development Fee Agreement, which is attached hereto as Exhibit “D” and incorporated herein by reference. The Owner agrees to pay all Development Fees, as defined, for the Project, prior to issuance of a building permit for the Project. The City agrees to reimburse Development Fees attributable to the Affordable Units, in an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000) from available funds from Low Income Housing Mitigation Fees, on the terms and conditions set forth in the Development Fee Agreement. 2.2 Residential Rental Property. The Owner represents, warrants, and covenants to operate the Project as residential rental property. During the Required Covenant Period, the Affordable Units will be held and used for the purpose of providing residential living, and the Owner shall own, manage and operate, or cause the management and operation of, the Project to provide such affordable rental housing. All of the units except for one (1) manager’s unit in the Project will be available for rental on a continuous basis to members of the gen eral public and the Owner will not give preference to any particular class or group in renting the units in the Project, except as required under this Agreement or any applicable agreement encumbering the Project and imposing affordability restrictions. The Owner shall not convert any Affordable Unit to condominiums or cooperative ownership or sell condominium or cooperative conversion rights to any Affordable Unit during the term of this Agreement. 2.3 Very Low Income Households and Very Low Income Employee Households. 2.3.1 Income and Employment Qualification; Initial Certification. Subject to the applicable provisions hereof, throughout the Required Covenant Period, Affordable Units will be exclusively occupied by, or available for occupancy only by, Very Low Income Households and Very Low Income Employee Households on a continuous basis. Prior to the rental or lease of an Affordable Unit, the Owner will obtain and maintain on file a Household Income Certification (“Income Certification”) substantially in the form attached hereto as Exhibit “B” and incorporated herein by reference for each Very Low Income Household and Very Low Income Employee Household, and shall provide copies of same to the City at such times as the City may, from time to time, reasonably require. With respect to Very Low Income Employee Households, the Owner will also obtain and maintain on file an employment verification from a current employer showing that at least one household member over the age of eighteen (18) works in the City. In addition, the Owner will provide such further information as may reasonably be required in the future by the City. The Income Certification shall be dated no more than thirty (30) days prior to the household’s initial occupancy of an Affordable Unit. The Owner shall make a good faith effort to verify that the income provided by an applicant in an Income Certification is accurate by taking any one or more of the following steps as part of the verification process for all household members over the age of eighteen (18) as appropriate: (i) Obtain two (2) pay stubs for the two (2) most recent pay periods; 787 DRAFT P6401-0001\2870067v1.doc 10 (ii) Obtain a true copy of an income tax return for the most recent tax year in which a return was filed; (iii) Obtain an income verification form from the applicant’s current employer; (iv) Obtain an income verification form from the Social Security Administration and/or the State Department of Social Services, or its equivalent, if the applicant receives assistance from either of those agencies; (v) If the applicant is unemployed and has no tax return, obtain another form of independent verification; or (vi) Obtain such other documentation as may be reasonably acceptable pursuant to Title 25 to verify income. 2.3.2 Certificate of Continuing Program Compliance; Annual Report. Throughout the Required Covenant Period, the Owner will prepare and submit to the City, at such periodic frequency as it might reasonably require, but not less than once annually, a Certificate of Continuing Compliance in substantially the form attached hereto as Exhibit “C” and incorporated herein by reference, executed by the Owner. The Owner will also prepare and submit to the City on or before each anniversary date of the commencement of the Required Covenant Period, with respect to the preceding calendar year (or portion thereof for the first year) a report in form and substance reasonably satisfactory to the City, summarizing the vacancy rate of the Project, including the number of Affordable Units held vacant for occupancy by Very Low Income Households and Very Low Income Employee Households for such calendar year. The report shall notify the City of any requested change in the designation of the Affordable Units as listed in the Affordable Housing Development Plan. 2.4 Affordable Rent. Throughout the Required Covenant Period, an Affordable Rent shall be charged to the Very Low Income Household and Very Low Income Employee Household occupants of Affordable Units. 2.5 Rent Increases. Rents for Affordable Units may be increased only once per year and not earlier than twelve (12) months since the date of the tenant’s initial occupancy or the last rent increase, as applicable. The rents charged following such an increase, or upon a vacancy and new occupancy by a Very Low Income Household or Very Low Income Employee Household, shall not exceed an Affordable Rent. The Owner shall consistent with applicable law give proper written notice to tenants of all rent increases, and upon written request, provide the City with reasonable detail concerning the amount of and rationale for such rent increases. 2.6 Income and Employment Recertification of Affordable Units. Annually, on the anniversary date of occupancy of an Affordable Unit by a Very Low Income Household or a Very Low Income Employee Household, the Owner shall obtain and maintain on file an annual income certification from each household occupying an Aff ordable Unit in a form 788 DRAFT P6401-0001\2870067v1.doc 11 satisfactory to the City, based upon the current income of each occupant of the unit over the age of eighteen (18). The Owner shall make a good faith effort to verify that the income provided by the household is accurate in accordance with Section 2.3.1. In addition, with respect to a Very Low Income Employee Household, the Owner shall annually obtain and maintain on file an employment verification from a current employer showing that at least one household member over the age of eighteen (18) works in the City. 2.6.1 A unit occupied by a household that qualifies as a Very Low Income Household or Very Low Income Employee Household at the time the household first occupies an Affordable Unit shall be deemed to continue to be so occupied until: (i) a recertification of such household’s income or verification of employment status, as applicable, demonstrates that such household no longer qualifies as a Very Low Income Household or Very Low Income Employee Household, and (ii) thereafter an available unit with the same number of bedrooms in the Project is occupied by a new household other Very Low Income Household or Very Low Income Employee Household, as applicable. At such time as a household ceases to qualify as a Very Low Income Household or Very Low Income Employee Household based on income or employment recertification, as applicable, the Owner shall designate the next available unit (one that is not occupied by a tenant) with the same number of bedrooms as the Affordable Unit occupied by such household so that the number of Affordable Units occupied by or reserved for occupancy by Very Low Income Households or Very Low Income Employee Households, as applicable, will remain constant. For purposes of this Agreement, such designated unit will be considered an Affordable Unit if it is held vacant and available solely for occupancy by a Very Low Income Household or Very Low Income Employee Household, as applicable, and, upon occupancy, the income eligibility of the household as a Very Low Income Household, and, if applicable, the employment status of the Very Low Income Household, is verified and the unit is rented at Affordable Rent . 2.6.2. Owner shall exercise reasonable efforts to designate Affordable Units pursuant to Section 2.6.1 in such a manner that the Affordable Units remain reasonably disbursed throughout the entire Project. 2.7 Lease or Occupancy Agreement. Prior to the rental or lease of an Affordable Unit to a Very Low Income Household or Very Low Income Employee Household, the Owner shall require the tenant to execute a written lease or occupancy agreement. The Owner shall maintain on file throughout the Required Covenant Period and for a four (4) year period thereafter, the executed lease or occupancy agreement of each tenant occupying an Affordable Unit. The form of lease or rental agreement used by the Owner for the lease or rental of Affordable Units shall be that which is reasonable and customary in residential leasing. Each lease or rental agreement for an Affordable Unit shall provide that the tenants of such Affordable Unit shall also be subject to annual recerti fication of income and employment status, if applicable, and subject to rental increases in accordance with Sections 2.5 and 2.6 of this Agreement. In addition, each lease or rental agreement shall contain a provision to the effect that the Owner has relied on the income certification and supporting information supplied by the Very Low Income Household or Very Low Income Employee Household, including, as applicable, employment 789 DRAFT P6401-0001\2870067v1.doc 12 verification, in determining qualification for occupancy of the Affordable Unit, and that any material misstatement in such certification (whether or not intentional) may be cause for immediate termination of such lease or rental agreement. 2.7.1 The Owner shall refrain from restricting the rental or lease of Affordable Units on the basis of race, color, religion, sex, marital status, disability, ancestry or national origin of any person. All leases or occupancy agreements shall contain or be subject to substantially the following nondiscrimination or non -segregation clauses: “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of the Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” “Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding parag raph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph.” 2.7.2 The covenants established herein shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, and its successors and assigns and shall burden and run with the Property. 2.7.3 The City is deemed to be the beneficiary of the terms and provisions of the covenants herein, both for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these covenants running with the land have been provided. 2.8 Security Deposits. The Owner may require security deposits on Affordable Units in amounts which are consistent with applicable law. 790 DRAFT P6401-0001\2870067v1.doc 13 2.9 Additional Information; Books and Records. The Owner shall provide any additional information concerning the Affordable Units reasonably requested by the City. The Owner will maintain complete and accurate records pertaining to the Affordable Units throughout the Required Covenant Period and fo r a four (4) year period thereafter. The City shall have the right upon written notice of no less than forty-eight (48) hours to the Owner, at any time during normal business hours of 9:00 a.m. to 5:00 p.m., to examine and make copies of all books, records or other documents maintained by the Owner or by any of the Owner’s agents which pertain to any Affordable Unit, including all executed leases or rental agreements and all Income Certifications and to obtain c opies of any requested executed leases, occupancy agreements and Income Certifications. Owner shall provide executed copies of any leases, occupancy agreements and Income Certifications as may be requested by City within ten (10) business days from the Cit y’s written request. 2.10 Specific Enforcement of Affordability Restrictions. The Owner hereby agrees that specific enforcement of the Owner’s agreement to comply with the allowable rent and occupancy restrictions and covenants contained herein is one of the reasons and consideration for the issuance of the Approvals and that, in the event of the Owner’s breach of such requirements, potential monetary damages to the City, as well as to existing and prospective Very Low Income Households and Very Low Income Employee Households, would be difficult, if not impossible, to evaluate and quantify. Therefore, in addition to any other relief to which the City may be entitled as a consequence of the breach hereof, the Owner agrees to the imposition of the remedy of specific performance against it in the case of any event of default by the Owner in complying with any provision of this Agreement beyond any applicable notice and cure period. 2.11 Audit. The City shall have the right to perform an audit of the Project to determine compliance with the provisions of this Agreement. Such audit shall not be undertaken more often than once each calendar year. All costs and expenses associated with the audit shall be paid by the Owner. 2.12 Management. The Owner and/or the management agent (if not the Owner) shall operate the Project in a manner that will provide decent, safe and sanitary residential facilities to the occupants thereof, and will comply with provisions of this Agreement. Upon the written request of the City, the Owner shall cooperate with the City in the periodic review of the management practices, location, and financial status of the Affordable Units. The purpose of each periodic review will be to enable the City to determine if the Affordable Units are being operated and managed in accordance with the requirements and standards of this Agreement, as well as City and State law. Results of such City review shall be provided to the Owner, and the City shall have the authority to require the Owner to make reasonable modifications necessary to ensure the objectives of this Agreement and requirements of City and State law are met. 2.13 Binding for Term. It is intended by the Parties that except as otherwise expressly provided herein the provisions of this Agreement shall apply to the Project throughout the entire term hereof, as established in Section 3.1 below. 791 DRAFT P6401-0001\2870067v1.doc 14 ARTICLE 3. TERM AND RECORDATION. 3.1 Term of Agreement. This Agreement shall remain in full force and effect for the Required Covenant Period, unless the Owner and the City agree, in writing, to terminate this Agreement prior to the expiration of the Required Covenant Period. Unless terminated earlier pursuant to the prior sentence of this Section 3.1 or Section 3.3 below, the Parties intend that the provisions and effect of this Agreement, and specifically of Article 2 hereof, shall remain in full force and effect for the entire Require d Covenant Period. 3.2 Agreement to Record. The Owner represents, warrants, and covenants that this Agreement will be recorded in the real property records of Riverside County, subject only to those matters of record to which the City agrees. 3.3 Early Termination of Restrictions. Notwithstanding the generality of the foregoing provisions of this Article 3 or any other provisions hereof, this Agreement and all of the terms and provisions hereof (except as otherwise herein expressly provided and those contained in Section 2.7.1) shall terminate and be of no further force and effect in the event of involuntary noncompliance as a result of unforeseen events such as fire or act of God which leaves the entire Project uninhabitable and the Owner elec ts not to reconstruct the Project, or a change in a federal or state law or an action by the federal government, the State or a court of competent jurisdiction, after the date of recordation hereof, that prevents the City from enforcing the provisions of this Agreement, or a condemnation or a similar event. Upon termination of this Agreement, the Parties or their successors, as applicable, agree to execute, deliver and record appropriate instruments of release and discharge of the terms hereof; provided, however, that the execution and delivery of such instruments shall not be necessary or a prerequisite to termination of this Agreement in accordance with its terms. ARTICLE 4. DEFAULT; REMEDIES. 4.1 An Event of Default. Each of the following shall constitute an “Event of Default” by the Owner under this Agreement: 4.1.1 Failure by the Owner to duly perform, comply with and observe any of the conditions, terms, or covenants of any agreement with the City concerning the Project, or of this Agreement, if such failure remains uncured thirty (30) days after written notice of such failure from the City to the Owner in the manner provided herein or, with respect to a default that cannot be cured within thirty (30) days, if the Owner fails to commence such cure within such thirty (30) day period or thereafter fails to diligently and continuously proceed with such cure to completion. However, if a different period or notice requirement is specified under any other section of this Agreement, then the specific provision shall control. 4.1.2 Any representation or warranty contained in this Agreement or in any application, financial statement, certificate, or report submitted by the Owner to the City proves to have been incorrect in any material respect when made. 792 DRAFT P6401-0001\2870067v1.doc 15 4.1.3 A court having jurisdiction shall have made or rendered a decree or order: (i) adjudging the Owner to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of the Owner or seeking any arrangement on behalf of the Owner under the bankruptcy laws or any other applicable debtor’s relief law or statute of the United States or of any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of the Owner in bankruptcy or insolvency or for any of its properties; or (iv) directing the winding up or liquidation of the Owner, providing, however, that any such decree or order described in any of the foregoing subsections shall have continued unstayed or undischarged for a period of ninety (90) days. 4.1.4 The Owner shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment or execution on any substantial part of its property, unless the property so assigned, sequestered, attached, or executed upon shall have been returned or released within ninety (90) days after such event or prior to sale pursuant to such sequestration, attachment, or execution. If the Owner is diligently working to obtain a return or release of the Property and the City’s interest s hereunder are not imminently threatened in its reasonable business judgment, then the City shall not declare a default under this subsection. 4.1.5 The Owner shall have voluntarily suspended its business or dissolved. 4.1.6 The seizure, or appropriation of all or a substantial part of the Project, except for condemnation initiated by the City or any other governmental agency or authority. 4.1.7 There should occur any breach of the Development Fee Agreement or default declared by any lender under any loan document or deed of trust relating to any loan made in connection with the Project, which loan is secured by a deed of trust or other instrument affecting the Project, and senior to this Agreement, and such default remains uncured following the expiration of any applicable cure period. 4.2 City’s Option to Lease. Upon the occurrence of an Event of Default that relates solely to Owner’s failure to comply with the provisions of Article 2 of this Agreement, and to cause the Project to meet the requirements of this Agreement, the Owner hereby grants to the City the option to lease up to that number of units as necessary to achieve compliance with the provisions of Article 2 of this Agreement, and for the purpose of subleasing such units in accordance with the requirements of this Agreement. Th e amount of rent to be paid by the City to Owner for such units following the exercise of the City’s option shall be equal to the applicable Affordable Rent. Any rent paid to the City under any such sublease by the subtenant under such sublease shall be p aid to the City without obligation to pay any such rent to the Owner during the pendency of the Owner’s default. 4.3 City’s Remedies. A. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the Owner to perform its obligations and 793 DRAFT P6401-0001\2870067v1.doc 16 covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions hereof, provided that in any such case the City has first provided the required notice of any alleged default and the Owner has had the requisite opportunity to cure pursuant to Section 4.1.1, above. The City’s remedies under this Agreement include, but are not limited to, remedies available under the City’s Municipal Code regarding enforcement or revocation of the Approvals for the Project. B. Action at Law; No Remedy Exclusive. The City may take whatever action at law or in equity as may be necessary to enforce performance and observance of any obligation, agreement or covenant of the Owner under this Agreement. No remedy herein conferred upon or reserved by the City is inten ded to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised fro m time to time and as often as the City may deem expedient. In order to entitle the City to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein otherwise expressly req uired or required by law to be given. The City’s remedies under this Agreement include, but are not be limited to, recovery of any amounts paid to Owner under the Development Fee Agreement. C. Liquidated Damages. Owner acknowledges that the City is entering into this Agreement, in part, to implement the goals, objectives and policies of the City’s General Plan Housing Element, and that City has granted an incentive and/or concession to Owner in recognition of Owner’s agreement to provide the Affordable Units as set forth in this Agreement. Owner also acknowledges that the Development Fee Agreement involves the use of certain City revenues that must be used for affordable housing. If Owner does not rent the units as Affo rdable Units in accordance with the provisions of this Agreement, Owner shall be in default of this Agreement and the City will suffer damages; provided, however, the City shall provide Owner at least thirty (30) days to cure the default by renting the Affordable Units, and the City may, but is not required to, allow Owner up to sixty (60) days to rent the Affordable Units, if Owner exercises reasonable diligence to rent the Affordable Units in accordance with this Agreement . The Parties agree it is extremely difficult and impractical to ascertain the extent of the damages to City, therefore, in addition to any other legal or equitable remedies, the City may have, Owner and the City agree that if the Affordable Units in the Project are not rented with Affordable Rents, or to Very Low Income Households or Very Low Income Employee Households, in accordance with the provisions of this Agreement, as liquidated damages, the City shall be entitled to recover from Owner liquidated damages in the amount of five hundred dollars ($500) for each day the Affordable Units are not rented in accordance with this Agreement (“Per Day Liquidated Damages”). The Per Day Liquidated Damages represent the damages incurred from breach of the obligations arising from the Development Fee Agreement. The total amount of Per Day Liquidated Damages shall not exceed the payments from the City to Owner under the Development Fee Agreement. If, and only if, Owner exceeds the total amount of liability for Per Day Liquidated Damages, 794 DRAFT P6401-0001\2870067v1.doc 17 thereafter, the liquidated damages shall be equal to the amount of any rents received by Owner from any units in excess of the limits of Affordable Rent. ARTICLE 5. GENERAL PROVISIONS. 5.1 Limitations on Recourse. Notwithstanding anything to the contrary contained in this Agreement, except in the event of fraud, waste, or illegal acts, or with regard to any indemnity obligations imposed upon the Owner under the terms of this Agreement, (i) no partner, member, manager, shareholder, officer or director, as applicable, of the Owner (each, an “Owner Affiliate”) shall have any direct, indirect or derivative personal liability for the obligations of the Owner under this Agreement, and (ii) the City shall not exercise any rights or institute any action against any Owner Affiliate directly, indirectly or derivatively for the payment of any sum of money that is or may become payable hereunder. 5.2 Maintenance, Repair, Alterations. The Owner shall maintain and preserve the Project in good condition and repair and in a prudent and businesslike manner. The Owner shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of the Owner’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. The Owner shall not commit, suffer, or permit any act to be done in, upon, or to the Project or any part thereof in violation of any such laws, ordinances, rules, regulations, or orders. The Owner hereby agrees that the City may conduct from time to time through representatives, upon reasonable notice of no less than forty-eight (48) hours, on-site inspections and observation of: (i) the maintenance and repair of the Project, including a review of all maintenance and repair programs and practices and all reports a nd records pertaining thereto, including records of expenditures relating thereto; and (ii) such other facilities, practices, and records of the Owner relating to the Affordable Units as may be reasonably necessary or appropriate in order to monitor the Owner’s compliance with the provisions of this Agreement. 5.3 Notice. All notices (other than telephone notices), certificates or other communications (other than telephone communications) required or permitted hereunder shall be sufficiently given and should be deemed given when personally delivered, when sent by telegram, or when sent by email (if confirmed by sending a copy of such transmission by mail the same calendar day), or forty -eight (48) hours following mailing by registered or certified mail, postage prepaid, or twenty-four (24) hours following transmission of such notice by express mail, Federal Express or similar commercial carrier, addressed as follows: If to the City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Jessica Gonzales 795 DRAFT P6401-0001\2870067v1.doc 18 Phone: (760) 346-0611 Email: jgonzales@palmdesert.gov If to the Owner: Bravo Garden Apartments LLC 72877 Dinah Shore Drive, Suite 103 Rancho Mirage, CA 92270 Attn: Claudio Bravo Phone:760-902-7549 Email claudiobravoerazo@gmail.com 5.4 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and the Owner or the Owner’s agents, employees or contractors, and the Owner shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perfor m the services required of it by the terms of this Agreement for the operation of the Project. The Owner has and hereby retains the right to exercise full control of employment, direction, compensation and discharge of all persons assisting in the performance of services hereunder. In regards to the on-site operation of the Project, the Owner shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding and all other laws and regul ations governing such matters. The Owner agrees to be solely responsible for its own acts and those of its agents and employees. 5.5 No Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person the Owner may have employed or with whom the Owner may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the operation of the Project. 5.6 Conflict of Interests. No member, official or employee of the City shall make any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No officer or employee of the Owner shall acquire any interest in conflict with or inimical to the interests of the City. 5.7 Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to the Owner, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Owner or successor or on any obliga tion under the terms of this Agreement. 5.8 Unavoidable Delay; Extension of Time of Performance . In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed 796 DRAFT P6401-0001\2870067v1.doc 19 to be in default where it is due to an “Unavoidable Delay.” “Unavoidable Delay” means a delay due to the elements (including unseasonable weather), fire, earthquakes or other acts of God, strikes, labor disputes, lockouts, shortages of construction materials experienced generally in the construction industry in the local area, acts of the public enemy, riots, insurrections or governmental regulation of the sale or transportation of materials, supply or labor; provided, however, that to the extent a delay is caused by any other reason that the Owner reasonably believes is beyond its control, the Owner may request, on a case-by-case basis, that the City excuse any such delay as an Unavoidable Delay and the City shall make its determination as to whether such delay constitutes an Unavoidable Delay using its reasonable judgment. 5.9 Indemnity. 5.9.1 The Owner shall indemnify, defend and hold harmless the City and all officials, employees and agents of City (with counsel reasonably satisfactory to the City) against any costs, liabilities, damages or judgments arising from claims or litigation of any nature whatsoever brought by third parties and directly or indirectly arising from the Owner’s ownership or operation of the Project, or the Owner’s performance of its obligations under this Agreement, and in the event of settlement, compromise or judgment hold the City free and harmless therefrom. Notwithstanding the foregoing, the indemnity provisions contained in this Section 5.9 shall not apply with respect to any costs, liabilities, damages or judgments arising directly or indirectly from (i) the City’s rental of units within the Project as described in Section 4.2 hereof, or (ii) the gross negligence or willful misconduct of the City. The provisions of this Section 5.9 shall survive the term of this Agreement. 5.9.2 The Owner is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. The Owner represents and warrants that the work or maintenance on the Project is not a public work. City has not made any representations or warranties to the Owner regarding the applicability of prevailing wages. If any work on the Project is part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars ($1,000) or more, the Owner agrees to fully comply with such Prevailing Wage Laws, including but not limited to payment of 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) debarment of contractors and subcontractors (Labor Code Section 1777.1), and maintaining bonds for the payment of workers (Labor Code Section 1781). The Owner shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 797 DRAFT P6401-0001\2870067v1.doc 20 5.10 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default by the other Party. No waiver of any default or breach by the Owner hereunder shall be implied from any omission by the City t o take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such wavier shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the City to or of any act by the Owner requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agree ment, nor shall it invalidate any act done pursuant to notice of default, or prejudice the City in the exercise of any right, power, or remedy hereunder or under any agreements ancillary or related hereto. 5.11 Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of the State of California. 5.12 Severability. If any term, provision, covenant or condition of this Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 5.13 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the Party prevailing in any such action shall be entitled to recover against the Party not prevailing all reasonable attorneys’ fees and costs incurred in such action (including all legal fees incurred in any appeal or in any action to enforce any resulting judgment). 5.14 Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the permitted heirs, administrators, executors, successors in interest and assigns of each of the Parties. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor or assign of such Party who has acquired an interest in compliance with the terms hereof or under law. 5.15 Time of the Essence. In all matters under this Agreement, time is of the essence. 5.16 Approval by the City. Any approvals required under this Agreement shall be made by the City Manager or his or her designee, and shall not be unreasonably withheld, conditioned, delayed or made, except where it is specifically provided that another standard applies, in which case the specified standard shall apply. 798 DRAFT P6401-0001\2870067v1.doc 21 5.17 Complete Understanding of the Parties. This Agreement and the attached Exhibits constitute the entire understanding and agreement of the Parties with respect to the matters described herein. 5.18 Covenants to Run With the Land. The Owner hereby subjects the Project to the covenants, reservations, and restrictions set forth in this Agreement. The City and the Owner hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors in title to the Project; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire, except for the covenants set forth in Section 2.7.1, which shall run in perpetuity. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively b e held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. No breach of any of the provisions of this Agreement shall defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value encumbering the Property or any interest of the Owner therein. 5.19 Burden and Benefit. The City and the Owner hereby declare their understanding and intent that: (i) the burden of the covenants, reservations, restrictions, and agreements set forth herein touch and concern the Property and the Project, in that Owner’s legal interest in the Project is rendered less valuable thereby, (ii) the covenants, reservations, restrictions, and agreements set forth herein directly benefit the Property and the Project (a) by enhancing and increasing the enjoyment and use of the Pr oject by certain Very Low Income Households and Very Low Income Employee Households, the intended beneficiaries of such covenants, reservations, restrictions, and agreements, (b) by making possible the obtaining of advantageous financing for the Property and the Project, and (c) by furthering the public purposes advanced by the City, and (iii) the covenants, reservations, restrictions and agreements set forth herein shall run with the Property and shall be binding for the benefit of and enforceable by the City and its successors and assigns for the entire term of this Agreement. 5.20 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 5.21 Amendments. This Agreement may be amended only by the written agreement of the City and the Owner. [SIGNATURES TO FOLLOW ON NEXT PAGE] 799 DRAFT P6401-0001\2870067v1.doc 22 WHEREFORE, the undersigned has executed this Agreement as of the date first- above written. CITY OF PALM DESERT, A Municipal Corporation By: Name: Title: BRAVO GARDEN APARTMENTS LLC, a California limited liability company By: Its: Manager ATTEST: Anthony J. Mejia, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP, Limited Liability Partnership By: City Attorney 800 DRAFT 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, , (insert name and title of the officer) 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 (Seal) 801 DRAFT P6401-0001\2227790v5.doc 24 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, , (insert name and title of the officer) 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 (Seal) 802 DRAFT EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 803 DRAFT EXHIBIT B HOUSEHOLD INCOME 804 DRAFT P6401-0001\2227790v5.doc Exhibit B - 27 805 DRAFT P6401-0001\2227790v5.doc Exhibit B - 28 806 DRAFT P6401-0001\2227790v5.doc Exhibit B - 29 807 DRAFT EXHIBIT C CERTIFICATE OF CONTINUING COMPLIANCE 808 DRAFT P6401-0001\2227790v5.doc Exhibit C - 31 809 DRAFT P6401-0001\2227790v5.doc Exhibit C - 32 810 DRAFT P6401-0001\2227790v5.doc Exhibit C - 33 811 DRAFT P6401-0001\2227790v5.doc Exhibit C - 34 812 DRAFT P6401-0001\2227790v5.doc Exhibit C - 35 813 DRAFT EXHIBIT D DEVELOPMENT FEE AGREEMENT Development Fee Agreement This Development Fee Agreement (“DFA”), effective _________________, 2024, (“Effective Date”), is between the City of Palm Desert, a California municipal corporation (“City”), and BRAVO GARDEN APARTMENTS LLC (“Developer”), collectively, the “Parties.” RECITALS A. The Parties enter into this DFA as part of a Affordability Restrictions and Regulatory Agreement (Density Bonus) (“Density Bonus Agreement”), to which this DFA is made part of and incorporated therein. All terms and exhibits referenced herein shall have the same meaning as set forth in the Density Bonus Agreement. B. Developer owns or controls that real property located at and more specifically described in Exhibit A of the Density Bonus Agreement (the “Property”). C. Developer desires to develop the Property with a 388-unit affordable-housing project with a mix of thirteen (13) two-story and three-story buildings, pursuant to the approvals from the City on or about April 12, 2018 (“City Approvals”) and further described in the Density Bonus Agreement (the “Project”). D. The Density Bonus Agreement includes an agreement by the City to use the City’s Low Income Housing Mitigation Fees to offset certain development fees for the Project. In exchange, the Density Bonus Agreement provides that, of the seventy eight (78) Affordable Units in the Project, five (5) shall be restricted for occupancy by Very Low Income Employee Households that have a member of the household that works within the City. E. The City’s Low Income Housing Mitigation Fees are imposed upon commercial and industrial projects, in accordance with Resolution No. 90-130 adopted by the City Council, and thereafter renewed from time to time. As part of the City Approvals, and in exchange for the restriction of five units to Very Low Income Employee Households, pursuant to Resolution No. 2018-18, the City authorized the use of up to One Hundred Eighty Thousand ($180,000.00) from the Low Income Housing Mitigation Fees to offset development fees attributable to the Affordable Units in the Project. F. In accordance with the foregoing, this Agreement establishes the terms and conditions under which the City will reimburse Developer to offset the Development Fees for the Project using the City’s Low Income Housing Mitigation Fees. 814 DRAFT P6401-0001\2227790v5.doc Exhibit D - 37 NOW, THEREFORE, the Parties agree as follows: 1. Payment of Development Fees. Prior to issuance of a building permit for the Project, Developer shall pay all development fees the City imposes on the Project (collectively, the “Development Fees”). To the extent the City allows Developer to pay a portion of the Development Fees for a permit to construct a phase of the Project, the Developer agrees the phasing must comply with the schedule of construction approved by the City in accordance with the Density Bonus Agreement. 2. Determination of Development Fees Attributable to Affordable Units . Within sixty (60) days of completion of the entire Project, Developer shall submit a request to the City, supported by written documentation stating an amount of Development Fees that Developer believes are attributable to the Affordable Units (the “Affordable Unit Development Fees”). The Affordable Unit Development Fees shall be based on the proportion of the square footage of the Affordable Units (78) as compared to the total number of units in the Project (388), provided that the Affordable Unit Development Fees shall not exceed twenty percent (20%) of the Development Fees. The City shall review the written documentation and, within sixty (60) days, shall approve or disapprove the amount determined for the Affordable Unit Development Fees. In the event the City disapproves the amount, the parties shall meet and confer regarding the difference, and the City shall, in the exercise of reasonable discretion, make a final determination of the amount of the Affordable Unit Development Fees. 3. Certificate of Occupancy. Developer agrees and acknowledges that the Affordable Units must be completed and ready for occupancy by Very Low Income Households and Very Low Income Employee Households, as required herein and by the Density Bonus Agreement, prior to the City issuing a Certificate of Occupancy for the building within the Project where the Affordable Units are located. 4. City Reimbursement for Development Fees Attributable to Affordable Units. The City shall reimburse Developer for the Affordable Unit Development Fees, in an amount not to exceed One Hundred Eighty Thousand ($180,000.00), upon satisfaction of all of the following conditions: a. The Density Bonus Agreement is duly recorded against the Property in the Official Records of the County of Riverside, subject only to those matters of record to which the City agrees. b. Developer has received a Certificate of Occupancy for all the buildings for the entire Project, inclusive of all of the Affordable Units required under the Density Bonus Agreement. c. Developer has submitted a written request for reimbursement for the Affordable Unit Development Fees. d. Developer is not in default of this Agreement or the Density Bonus Agreement. e. The City has funding available from the Low Income Housing Mitigation Fees to pay for the requested reimbursement. 815 DRAFT P6401-0001\2227790v5.doc Exhibit D - 38 f. Developer provided written evidence that the five Affordable Units restricted for occupancy to Very Low Income Employee Households have been leased to qualifying households, or Developer has demonstrated to the reasonable satisfaction of the City that it has made diligent progress to lease such Affordable Units to qualifying households. g. The City has reviewed and approved the request for reimbursement. The review shall be completed within sixty (60) days of the request from Developer. 5. Default; Remedies. a. If any party breaches this Agreement or the Density Bonus Agreement, the non- breaching party shall give notice and demand the breaching party cure the breach within thirty (30) days. The breaching party shall have thirty (30) days to cure, except that if a longer time to cure is reasonably necessary, then the breaching party shall have up to ninety (90) days to cure, provided that the breaching party commences to cure and diligently pursues curing the breach during such time. b. The failure to cure a breach as set forth in sub-paragraph (a) within the applicable cure period constitutes a default of this Agreement (“Event of Default”). c. City’s Rights Upon Event of Default. For an Event of Default by Developer, the City shall have all remedies available at law or equity, including but not limited to: i. The City may withhold any payments for reimbursement of the Affordable Unit Development Fees; ii. The City may withhold a Certificate of Occupancy or any further permits required for construction on the Property or the Project; iii. Any amounts paid by the City as reimbursement for the Affordable Unit Development Fees may be recovered as a lien against the Property; or iv. The City may pursue any other administrative, civil or criminal enforcement action that is available to the City at law or in equity. d. Developer’s Rights Upon Event of Default. For an Event of Default by the City, the Developer’s sole and exclusive remedy shall be limited to any amounts owed under this DFA. Developer agrees and acknowledges that this limitation of liability is a release and specifically waives the provisions of Civil Code Section 1542, which states: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, 816 DRAFT P6401-0001\2227790v5.doc Exhibit D - 39 would have materially affected his or her settlement with the debtor or released party. Developer’s Initials:__________ 6. Hold Harmless. 6.1 Developer shall indemnify, defend and hold harmless the City and all officials, employees and agents of City (with counsel reasonably satisfactory to the City) against any costs, liabilities, damages or judgments arising from claims or litigation of any nature whatsoever brought by third parties and directly or indirectly arising from the Developer’s ownership or operation of the Project, or the Developers performance of its obligations under this DFA, and in the event of settlement, compromise or judgment hold the City free and harmless therefrom. Notwithstanding the foregoing, to the extent required by law, the indemnity provisions contained in this Section 6 shall not apply with respect to any costs, liabilities, damages or judgments arising directly or indirectly from (i) the City’s rental of units within the Project, or (ii) the sole or active negligence or willful misconduct of the City. The provisions of this Section 6 shall survive the term of this Agreement. 6.2 Developer is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. Developer represents and warrants that the work or maintenance on the Project is not a public work. City has not made any representations or warranties to the Owner regarding the applicability of prevailing wages. If any work on the Project is part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars ($1,000) or more, Developer agrees to fully comply with such Prevailing Wage Laws, including but not limited to payment of 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) debarment of contractors and subcontractors (Labor Code Section 1777.1), and maintaining bonds for the payment of workers (Labor Code Section 1781). Developer shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 7. General. 7.1 Successors. This DFA binds the Parties’ successors. 7.2 Assignment. This DFA shall not be assigned without the prior, written consent of the City, which assignment may be approved, or not, by the City’s reasonable discretion. 817 DRAFT P6401-0001\2227790v5.doc Exhibit D - 40 7.3 Recording. This DFA must be recorded with the Density Bonus Agreement by Developer on the Property within five business days after full execution by the Parties. 7.4 Severability. If any part of this DFA is held by a court to be invalid, all other parts of the Agreement remain in effect. 7.5 Choice of Law and Venue. This DFA, its construction and any and all disputes arising out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of California without regard to its conflict-of-law principles. Venue lies exclusively in state and federal courts in Riverside County, California. 7.6 Modification. No modification, amendment, or waiver of any provision of this DFA is effective unless made in writing and signed by both Parties. 7.7 Merger and Integration. This DFA contains the entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior negotiations, agreements, and understandings with respect thereto. 7.8 Counterparts. This DFA may be executed in any number of counterparts, each of which is deemed an original, and all of which, when taken together, constitute one and the same instrument. The DFA becomes effective as of the Effective Date when each Party signs a counterpart and delivers it to the other Party, in its original form or by electronic mail, facsimile or other electronic means. The Parties hereby consent to the use of electronic signatures in connection with the execution of this DFA and further agree that electronic signatures to this DFA are legally binding with the same force and effect as manually executed signatures. 7.9 Relationship of the Parties. The Parties are entering into an arm’s-length transaction and do not have any relationship, employment or otherwise. This DFA does not create nor is it intended to create, a partnership, franchise, joint venture, agency, or employment relationship between the Parties. There are no third-party beneficiaries to this DFA. 7.10 Waiver and Cumulative Remedies. No failure or delay by either Party in exercising any right under this DFA may be deemed to waive that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedy that a Party might have at law or in equity. 7.11 Force Majeure. Neither Party is liable for any failure or delay in performance under this DFA due to causes beyond that Party’s reasonable control and that occurs without that Party’s fault or negligence, including, but not limited to, any act of God, act of government, flood, fire, civil unrest, acts of terror, strike or other labor problem (other than those involving Developer employees), computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance 818 DRAFT P6401-0001\2227790v5.doc Exhibit D - 41 obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. (Signatures on following page) 819 DRAFT P6401-0001\2227790v5.doc Exhibit D - 42 IN WITNESS WHEREOF, the City and Developer have executed this Agreement as set forth below. CITY OF PALM DESERT, A Municipal Corporation By: Name: Title: BRAVO GARDEN APARTMENTS LLC, a California limited liability company By: Its: Manager ATTEST: Anthony J. Mejia, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP, Limited Liability Partnership By: City Attorney 820 DRAFT EXHIBIT E AFFORDABLE HOUSING DEVELOPMENT PLAN “Pending City Approval” 821 822 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 26, 2024 PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst Veronica Chavez, Director of Finance REQUEST: HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2023/24 COMPREHENSIVE ANNUAL PERFORMANCE AND EVALUATION REPORT RECOMMENDATION: Conduct a public hearing to receive public comments on the City’s Fiscal Year 2023/24 Comprehensive Annual Performance and Evaluation Report (CAPER). BACKGROUND/ANALYSIS: The Community Development Block Grant (CDBG) program, administered by the U.S. Department of Housing and Urban Development (HUD), provides eligible jurisdictions with federal funds annually to address the needs of low- and moderate-income individuals, allow for neighborhood housing improvements, and respond to urgent needs. The City of Palm Desert has completed a draft of its FY 2023/24 CAPER, which outlines the City’s accomplishments under the CDBG program from July 1, 2023, to June 30, 2024, and details the expenditures for the FY 2023/24 funding cycle. This report also marks the first year of our 2023-2028 Consolidated Plan, which outlines the City’s commitment to various goals and objectives aimed at enhancing the community. The City is required to hold a public hearing to receive public comments on the fiscal year 2023/24 comprehensive annual performance and evaluation report to remain in compliance. During the first year of the 2023-2028 Consolidated Plan, the following goals were supported: Fund Vital Community and Homeless Services to prevent homelessness, including funding: o Operation Safe House, Inc. Support Public and Community Facilities Improvement, including funding: o The Desert Arc, ADA Restroom Improvements o The Joslyn Center, ADA Restroom Improvements Support Fair Housing Initiatives, including funding: o Fair Housing Council of Riverside County, Inc. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with the conduct of this public hearing. 823 City of Palm Desert CDBG FY2023/24 CAPER Report Page 2 of 2 ATTACHMENT: Draft - Palm Desert CAPER FY2023-24 824 City of Palm Desert PY 2023 CDBG Annual CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) has been prepared to assist residents of the City of Palm Desert (the City) and the U.S. Department of Housing and Urban Development (HUD) in assessing the City’s use of federal grant funds to meet priority housing and community needs identified in the City’s 2023–2028 Consolidated Plan. The CAPER for Program Year 2023-2024 primarily provides an overview of the City's accomplishments from July 1, 2023, through June 30, 2024, utilizing Community Development Block Grant (CDBG) funds. The Consolidated Plan established the following goals: Provide decent housing: Help homeless persons obtain appropriate housing and assisting those at risk of homelessness; preserving the City’s affordable housing stock; increasing the availability of affordable permanent housing for low- and moderate-income persons without discrimination; increasing the supply of supportive housing. Provide a suitable living environment: Improve the safety and livability of neighborhoods; increasing access to quality facilities and services; and reducing the isolation of income groups within an area through integration of low-income housing opportunities. Expand economic opportunities: Create jobs accessible to low- and moderate-income persons; make down payment and closing cost assistance available for low- and moderate-income persons; promote long-term economic and social viability; empower low-income persons to achieve self-sufficiency. The PY 2023-24 reporting period is the first year of the City’s 2023-2028 Consolidated Plan cycle. The 2023-2024 Annual Action Plan outlined an expenditure plan for the City’s $393,904.00 CDBG grant allocation. The Action Plan identified activities to be carried out during the reporting period utilizing CDBG funds, including public facility improvements, public service grants, and program administration. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and 825 City of Palm Desert PY 2023 CDBG Annual CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Fund Vital Community and Homeless Services Homeless CDBG: $ Homeless Person Overnight Shelter Persons Assisted 300 15 5.00% 300 15 5.00% Fund Vital Community and Homeless Services Homeless CDBG: $ Homelessness Prevention Persons Assisted 2000 15 0.75% 2000 15 0.75% Preserve and Enhance Affordable Housing Affordable Housing CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 5 0 0.00% 5 0 0.00% Support Essential Senior Services Non-Homeless Special Needs CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 3000 0 0.00% 3000 0 0.00% 826 City of Palm Desert PY 2023 CDBG Annual CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Support Fair Housing Initiatives CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 0 0 500 591 118.20% Support Fair Housing Initiatives CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 2000 591 29.55% Support Public and Community Facilities Improvement Non-Housing Community Development CDBG: $ Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 50000 645 1.29% Support Public and Community Facilities Improvement Non-Housing Community Development CDBG: $ Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 5000 645 12.90% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City focused CDBG resources to address priority community needs identified in the Consolidated Plan. Progress was exceeded towards 827 City of Palm Desert PY 2023 CDBG Annual CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) meeting goals and objectives. Priority needs addressed during the reporting period include the following: Administration - CDBG Program (2023) Operation Safe House, Inc.(2023)- PSG- safe housing for homeless and runaway youth Desert Arc Restroom Improvements (2023)- facility improvements at area nonprofit serving special needs individuals Joslyn Center ADA Restroom Improvements (2023)- facility improvements at area nonprofit serving seniors Fair Housing Council of Riverside County (2023)- PSG- for fair housing services as defined by HUD 828 City of Palm Desert PY 2023 CDBG Annual CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 3,734 0 Black or African American 228 0 Asian 51 0 American Indian or American Native 7 0 Native Hawaiian or Other Pacific Islander 5 0 Total 4,025 0 Hispanic 2,736 0 Not Hispanic 1,289 0 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative According to the U.S. Census Bureau (2019 American Community Survey 5-Year Estimates), most Palm Desert residents are racially White – 82.5 percent. This same data source reports that 23.5 percent of the City’s population is Hispanic/Latino. Based on the data from Table 2, approximately 83.3 percent of CDBG-funded program participants are White, and a significant number of assisted individuals are Hispanic/Latino (32.9 percent). Additionally, 46.8 percent of program beneficiaries report a household income equal to or less than 30 percent of the County median income (defined by HUD as extremely low-income). This data indicates that many program beneficiary households may be economically unstable and seek services to help stabilize their financial situation. Note: By default, Table 2 excludes multi-racial program beneficiaries in IDIS. 829 City of Palm Desert PY 2023 CDBG Annual CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 393,904 196,596 HOME public - federal 0 Table 3 - Resources Made Available Narrative The performance report includes a description of the resources made available $393904), the investment of available resources including all activities spelled out in CR-05 - Goals and Outcomes - 91.520(a) , and the geographic distribution (Citywide) and location of investments. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 100 100 Citywide Table 4 – Identify the geographic distribution and location of investments Narrative As anticipated, the City used 2023-24 CDBG funding on a citywide basis. The City did not receive program income. Attachments PR05 & PR26 provide a detailed summary of CDBG expenditures. Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were us ed to address the needs identified in the plan. While the City of Palm Desert does not have owned land, the Palm Desert Housing Authority owns 15 communities throughout the City that provides 1,100 multi -family and senior housing units of various size and character. To the extent that the Housing Successor Agency has funds available, housing resources will be used to address the housing needs of very low and low - income residents. 830 City of Palm Desert PY 2023 CDBG Annual CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Additionally, nonprofit partners leveraged CDBG resources with other grant awards and private donations. CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 0 0 Number of Special-Needs households to be provided affordable housing units 0 0 Total 0 0 Table 5 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 0 0 Number of households supported through Acquisition of Existing Units 0 0 Total 0 0 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City did not utilize CDBG funds to assist with the development or rehabilitation of housing during the reporting period. The City continued to support various organizations that provide a service to Palm Desert Residents. The City supported over 1,000 households with rental assistance for this fiscal year, however, it was not supported with CDBG funding. Discuss how these outcomes will impact future annual action plans. 831 City of Palm Desert PY 2023 CDBG Annual CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) As discussed above, the City did not use CDBG funds for housing activities. Private development and incentives to create affordable housing units within a new development will likely support future housing activity. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual Extremely Low-income 0 Low-income 0 Moderate-income 0 Total 0 Table 7 – Number of Households Served Narrative Information 832 City of Palm Desert PY 2023 CDBG Annual CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is actively involved in multiple activities to address the needs of homeless persons, which include coordination with the Continuum of Care. For example, the City is involved in regional coordination efforts between stakeholders throughout the Coachella Valley and Riverside County. The City has historically funded homelessness services coordinated regionally through the Coachella Valley Association of Governments (CVAG) outside of the CDBG program. For years, the City contributed funds to CVAG for the operation of Roy’s Desert Resource Center, which permanently closed in July 2017. Since then, CVAG has allocated its regional financial commitments for other homelessness services. In recent years, the City made a financial commitment in the amount of $100,000 to CVAG to continue their Housing First program that focused on providing housing and services to the regions chronically homeless individuals. The City in September of 2023 entered into an agreement with Kingdom Causes Inc., DBA, City Net a non-profit. City Net provides two full time street outreach workers, case management, housing resources, vital documentation, and linkage to substance and alcohol abuse treatment facilities. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Palm Desert utilized funds to support Operation Safe House this year. The City supported the regional CoC and Emergency Solutions Grant (ESG) funded sub-recipients that provide bridge housing for persons experiencing homelessness. The City has established an agreement with Coachella Valley Rescue Mission to purchase five shelter beds per month to assist the unhoused who are only from the City. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such a s health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Riverside County CoC is responsible for implementing the regional discharge plan – the City supports these efforts. The discharge plan aims to prevent local institutions from releasing individuals into homelessness. Elements of the discharge plan include the following: 833 City of Palm Desert PY 2023 CDBG Annual CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the peri od of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To help individuals experiencing homelessness transition into permanent housing, the Riverside CoC has increased resources for rapid re-housing assistance. Rapid rehousing aims to place a household into housing as quickly as possible and provides wrap-around supportive services. The Riverside CoC partners with the County’s Economic Development Agency (EDA) to implement a regional rapid rehousing program. This partnership has increased the number of homeless households that are rapidly re- housing. The County CoC is also responsible for implementing the regional Homeless Coordinated Entry System. This housing/service triage system prioritizes scarce resources to individuals experiencing prolonged episodes of homelessness and that rank high in a vulnerability index. The City of Palm Desert is a member of the Riverside CoC and supports these efforts. 834 City of Palm Desert PY 2023 CDBG Annual CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City does not operate a Public Housing Authority, however provides support to the Fair Housing Council of Riverside County Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City does not operate a Public Housing Authority. Actions taken to provide assistance to troubled PHAs The City does not operate a Public Housing Authority. 835 City of Palm Desert PY 2023 CDBG Annual CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City’s Consolidated Plan identifies a strategy to eliminate barriers to the provision of affordable housing. The strategy addresses housing costs via incentives to develop, maintain, or improve affordable housing in the jurisdiction. Public policies such as taxes, land use controls, zoning, building codes, fees, and growth limits also impact the cost of housing. The City continued to discuss with private developers the need to construct residential projects and include a certain percentage of affordable housing units. Consequently, no plans were submitted for projects with an affordable housing component; however, the City will continue to encourage private developers to build affordable housing. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City continued to provide City funding resources to assist households facing housing insecurity, living in poverty, and persons experiencing homelessness. The City partnered with numerous local nonprofit organizations to address a myriad of issues faced by underserved populations. During the reporting period, the following services were provided to assist underserved residents: Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City did not use CDBG program resources to undertake housing activities that triggered HUD’s lead- based paint hazards compliance. However, as indicated in the Consolidated Plan, the City referred residents with Lead-Based Paint Hazards concerns to Riverside County Health Services Lead Hazard Reduction Section Department. Additionally, the City distributed brochures regarding Lead-Based Paint Hazards through the Housing Successor Agency and the City’s Building and Safety Department to contractors, homeowners, and renters. Nonprofit partners, such as the Fair Housing Council, also distribute the Lead-based Paint Hazards brochures to educate the public regarding lead-based paint hazards. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) According to the U. S. Census Bureau, approximately 13.1 percent of Palm Desert residents live in poverty. This figure includes 18.8 percent of children age 18 and younger and 8.6 percent of residents age 65 and older. As previously reported, over 48 percent of all CDBG program beneficiaries have extremely low income – over 71 percent of beneficiaries had very low-income (50 percent of the county 836 City of Palm Desert PY 2023 CDBG Annual CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) median income). During the reporting period, the City allocated significant CDBG resources to agencies assisting lower-income Palm Desert residents, especially those with extremely low and very low- income. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City continues to partner with local government entities, service providers, and other agencies/organizations tasked with similar goals and objectives to improve the quality and quantity of services provided to the homeless and lower-income persons. Working with various County of Riverside departments and the many local nonprofits has created a cohesive working relationship to address Palm Desert's needs and the needs of the greater Coachella Valley. These collaborative actions have address gaps in the regional institutional structure. As previously outlined, the City has established several partnerships with nonprofits, the regional CoC, and county departments to address the needs of the City’s lower-income residents. For example, the City continued to work with the Riverside County Department of Mental Health and the Department of Social Services to address homelessness and mental health issues. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City continued efforts to enhance coordination between public and private housing and social services agencies during the reporting period. These efforts include the following: • The City is a member of the CVAG Homeless Committee, which has a membership of all Coachella Valley cities, County of Riverside Supervisor’s office, County of Riverside departments, Desert Health Care District, and various nonprofit organizations. • The City is a member of the Riverside County CoC, including various local jurisdictions, the County, nonprofits, and other interested individuals and organizations. • The City typically conducts an annual Community Meeting, publishes meeting information in the Desert Sun newspaper, and posts information on the City website. • The City typically conducts seminars on crime-free multi-family housing for landlords. • The City provides flyers and materials directing residents to the regional social services 211 system and other local service providers. • The City provides meeting facilities for fair housing informational meetings for landlords who have units available for lower-income households. • The City contracts with the Fair Housing Council of Riverside County, which provides workshops to educate and inform residents and property owners/managers about fair housing laws. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) 837 City of Palm Desert PY 2023 CDBG Annual CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Consolidated Plan regulations require CDBG recipients to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choice for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, or national origin; (4) promote housing that is accessible to and usable by persons with disabilities; and (5) comply with the non-discrimination requirements of the Fair Housing Act. The City hired Castaneda and Associates to complete its Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan (AI). The following action steps were identified in the AI: • Publish information on the City’s website describing reasonable accommodation procedures. The City’s “Americans with Disabilities Act and the City” web page links several related documents, including the City’s procedures for requesting accommodations. • Continue to support the efforts of the private and nonprofit sectors to address the needs of the residents. The City contracted with the Fair Housing Council of Riverside County to provide fair housing outreach, education, and enforcement services. • Utilize the Housing Element site inventory in making future location decisions regarding the sites suitable for affordable housing. The current 2022-2029 Housing Element contain an inventory of vacant land suitable for affordable housing development. • Fair Housing of Riverside County – should continue to provide fair housing-related workshops and distributed related information. As indicated above, the City continues to contract with the Fair Housing Council of Riverside County to provide fair housing outreach, education, and enforcement services, including producing and distributing fair housing educational information. 838 City of Palm Desert PY 2023 CDBG Annual CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The monitoring plan that the City has in place and will continue to implement is outlined in the Consolidated Plan. The monitoring plan indicates that the City will monitor all HUD-funded activities and subrecipients per applicable U.S. Department of Housing and Urban Development regulations and requirements. The guiding principles and objectives of the monitoring plan help ensure that the primary benefits of activities are intended, directed, and received by targeted groups, including but not limited to low and moderate-income households, homeless, elderly, at-risk youth, persons with disabilities, and women and minority-owned businesses. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The CAPER will be available for 15 days for public comment prior to submission to HUD. 839 City of Palm Desert PY 2023 CDBG Annual CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. N/A Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. 840 City of Palm Desert PY 2023 CDBG Annual CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG Total Number of Activities 0 Total Labor Hours Total Section 3 Worker Hours Total Targeted Section 3 Worker Hours Table 8 – Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0 Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0 Direct, on-the job training (including apprenticeships). 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0 Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0 Outreach efforts to identify and secure bids from Section 3 business concerns. 0 Technical assistance to help Section 3 business concerns understand and bid on contracts. 0 Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0 Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. 0 Held one or more job fairs. 0 Provided or connected residents with supportive services that can provide direct services or referrals. 0 Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 Assisted residents with finding child care. 0 Assisted residents to apply for, or attend community college or a four year educational institution. 0 Assisted residents to apply for, or attend vocational/technical training. 0 Assisted residents to obtain financial literacy training and/or coaching. 0 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 0 Provided or connected residents with training on computer use or online technologies. 0 Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0 841 City of Palm Desert PY 2023 CDBG Annual CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. 0 Other. 0 Table 9 – Qualitative Efforts - Number of Activities by Program Narrative 842 THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT. (CAPER) Joe Barron Sr. Contracts and Grants Analyst September 26, 2024 843 INTRODUCTION The 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER) is required by HUD to assess the City’s use of federal grant funds to meet priority housing and community needs as identified in the City’s Five -Year Con Plan. The CAPER for the 2023/24 Program Year provides an overview of the City's accomplishments during that time using (CDBG) funds. 2844 PROGRAM RESULTS HOW MANY PEOPLE SERVED •1,254 people were served using CDBG Funds. •100% of those served fell below 80% of the poverty line. FUNDING UTILIZED •The City of Palm Desert was awarded $393,904.00 for the Program Year. •To date, the City expended a total of $196,596 to qualifying programs. 3845 4 PROGRAM RESULTS ACTIVITIES FUNDED WITH CDBG PROJECT FUNDED AMOUNT EXPENDED AMOUNT PEOPLE SERVED Fair Housing Council $21,500 $21,499.38 594 Operation Safe House $10,000 $10,000 15 Desert Arc-ADA Improvements $30,000 $29,895.00 645 Cahuilla Hills Park-ADA Improvements $193,420 $0 Pending Joslyn Center ADA Restroom Improvements $104,000 $104,000 Pending Grant Administration $78,780 $32,701.60 N/A Total $437,700 $198,096 1254 846 THANK YOU Joe Barron jbarron@palmdesert.gov (760 ) 776 -6491 Sanya Vitale sanya@theramsaygroup.com (574) 400 -3600 847