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HomeMy WebLinkAboutAgenda Package - Palm Desert City Council - Regular Meeting_Jan09_2025 PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, January 9, 2025 Closed Session 3:30 p.m.; Regular Session 4:00 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website: www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City's YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA EMAIL Send your comments by email to: CityClerk@palmdesert.gov. Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572. 1. OPTION 3: LIVE VIA TELEPHONE (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1. Indicate that you are a participant by pressing # to continue.2. During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. 3. Pages 1.CALL TO ORDER - CLOSED SESSION - 3:30 P.M. 2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three- minute time limit. Speakers may utilize one of the three options listed on the first page of this agenda. 3.RECESS TO CLOSED SESSION 4.CLOSED SESSION AGENDA The following items will be considered in closed session: RECOMMENDATION: The following items were considered in closed session: 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Mayor Pro Tem Trubee 7.INSPIRATION Mayor Harnik 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 10.CITY MANAGER COMMENTS 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 13.CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. Palm Desert City Council Meeting Agenda January 9, 2025 2 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES 11 RECOMMENDATION: Approve the Minutes of December 12, 2024. 13.b APPROVAL OF WARRANT REGISTERS 27 RECOMMENDATION: Approve the warrant registers issued for the period 11/8/2024 to 12/27/2024. 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES 81 Receive and file the application for Alcoholic Beverage License for: JFC Restaurants, Inc. Chez Pierre 74040 Highway 111 Ste E Palm Desert • Jacksons Food Stores Jackson 6843 72300 Highway 111 Palm Desert • MAA Palm Desert Hospitality Inc. Springhill Suites 72322 Highway 111 Palm Desert • 13.d APPROVE THE 2025 LIST OF SOCIAL MEDIA COMMEMORATIONS 93 RECOMMENDATION: Approve the list of social media commemorations planned for 2025. 13.e ACCEPTANCE OF A RESIGNATION FROM THE PARKS AND RECREATION COMMITTEE 97 RECOMMENDATION: With regret, accept the resignation of Lori Flint from the Parks and Recreation Committee, effective December 12, 2024. 13.f APPOINTMENTS TO THE FINANCE COMMITTEE AND PLANNING COMMISSION 99 RECOMMENDATION: Appoint a member to the Finance Committee for a term ending June 30, 2028. 1. Appoint a member to the Planning Commission for a term ending June 30, 2027. 2. 13.g APPROVAL OF THE 2025 CITY COUNCIL LIAISON AND SUBCOMMITTEE ASSIGNMENTS AND APPOINTMENT OF REPRESENTATIVES TO EXTERNAL ORGANIZATIONS 101 RECOMMENDATION: Approve the 2025 City Council Liaison and Subcommittee Assignments and the appointment of representatives to external organizations. Palm Desert City Council Meeting Agenda January 9, 2025 3 13.h RATIFICATION OF LETTERS OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) ACCESS INDIAN CANYON DRIVE PROJECT AND THE COACHELLA VALLEY MULTIMODAL CORRIDOR PLAN 111 RECOMMENDATION: Ratify the Letters of Support for the Coachella Valley Association of Governments (CVAG) ACCESS Indian Canyon Drive Project and the Coachella Valley Multimodal Corridor Plan. 13.i RATIFICATION OF A LETTER OF SUPPORT FOR THE BRANDMAN CENTERS FOR SENIOR CARE – COACHELLA VALLEY, LLC PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) 117 RECOMMENDATION: Ratify the letter of support for the Brandman Centers for Senior Care – Coachella Valley, LLC Program of All-Inclusive Care for the Elderly (PACE) application. 13.j APPOINTMENT TO THE BOARD OF DIRECTORS FOR THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT 123 RECOMMENDATION: Appoint Angela Rafferty to the Board of Directors for the El Paseo Parking and Business Improvement District (EPPBID) for a term ending June 30, 2025. 13.k APPROVAL OF PARK ORDINANCE WAIVERS FOR THE 2025 PALM DESERT HALF MARATHON AND 5K AND WILDFLOWER FESTIVAL EVENTS 127 RECOMMENDATION: Approve temporary waiver of the following Palm Desert Municipal Code (PDMC) sections for the 2025 Palm Desert Half Marathon and 5K and Wildflower Festival events: 11.01.20 (Hours of Use in City Parks)a. 11.01.140 (Amplified Sound in City Parks)b. 11.01.080 H (Camping)c. 11.01.080 O (Placement of Advertising Signage in City Parks)d. 11.01.080 Q (Vendor Sales in City Parks)e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 f. Palm Desert City Council Meeting Agenda January 9, 2025 4 13.l AUTHORIZE OUT-OF-STATE TRAVEL FOR SENIOR ADMINISTRATIVE ASSISTANT AND HOUSING MANAGER TO ATTEND THE U.S. HOUSING AND COMMUNITY DEVELOPMENT CONFERENCE IN DALLAS, TEXAS 141 RECOMMENDATION: Authorize out-of-state travel for the Senior Administrative Assistant and Housing Manager to attend the U.S. Housing and Community Development Conference on March 31 through April 3, 2025, in Dallas, Texas. 13.m RECEIVE AND FILE THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON PROCEDURES PERFORMED ON THE MEASURE A TRANSPORTATION FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2024 145 RECOMMENDATION: Receive and file the Independent Accountants’ Report on Agreed-Upon Procedures Performed on the Measure A Transportation Fund for the fiscal year ended June 30, 2024. 13.n ACCEPT CONTRACT NO. C43350 AS COMPLETE FOR PROJECT NO. CST00003 – FRED WARING DRIVE AT MONTEREY AVENUE AND HAYSTACK ROAD AT HWY 74 INTERSECTION MODIFICATIONS 157 RECOMMENDATION: Accept Contract No. C43350 with Crosstown Electrical & Data, Inc. of Irwindale, California, for the Fred Waring Drive at Monterey Avenue and Haystack Road at Hwy 74 Intersection Modifications as complete 1. Authorize the Mayor to execute and City Clerk to file the Notice of Completion (Project No. CST00003). 2. 13.o APPROVAL OF CONTRACT NO. C47980H-1A AN AGREEMENT BETWEEN THE LIVING DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF COSTS ASSOCIATED WITH THE EXPANSION OF EDUCATION PROGRAMS AND REPLACE CONTRACT NO. C47980H-1 163 RECOMMENDATION: Approve Contract No. C47980H-1A, an agreement between the Living Desert Zoo and Gardens and the City of Palm Desert relative to funding the expansion of education programs at the Living Desert and replace contract No. C47980H-1 in its entirety. 1. Authorize the City Attorney to make any necessary non-monetary changes and/or amendments to the agreement. 2. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action. 3. Palm Desert City Council Meeting Agenda January 9, 2025 5 13.p APPROVAL OF AMENDMENT NO. 1 TO THE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE 171 RECOMMENDATION: Approve Amendment No. 1 to the Law Enforcement Services Agreement between the City of Palm Desert and the County of Riverside to reflect the addition of six sworn officers in two phases, consistent with the City Council-approved Measure G - Five-Year Spending Plan. 1. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement. 2. Authorize the City Manager to execute the Agreement and any documents necessary to effectuate and implement actions taken herewith 3. 13.q RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2025, THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS 205 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE FISCAL PERIOD FROM JULY 1, 2025, THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS.” 13.r APPROVE SPONSORSHIP FOR THE 2025 DESERT X EXHIBITION IN THE AMOUNT OF $35,000 223 RECOMMENDATION: Approve sponsorship in the amount of $35,000 with The Desert Biennial for its 2025 Desert X Exhibition to be held March 8 to May 11, 2025. 1. Authorize staff to finalize negotiations of the Sponsorship Agreement with The Desert Biennial. 2. Authorize the City Manager to execute the Sponsorship Agreement and any associated documents, subject to the approval as to form by the City Attorney. 3. Waive all permit and inspection fees associated with Desert X.4. Palm Desert City Council Meeting Agenda January 9, 2025 6 13.s AWARD CONSTRUCTION CONTRACT FOR PROJECT CFA00010 FIRE STATION 102 NEW BUILD AND ONSITE IMPROVEMENTS 279 RECOMMENDATION: Find the bids submitted by TBSC System Alarms, Inc., and Keystone Builders, Inc., to be non-responsive. 1. Award Construction Contract in the amount of $14,838,686 to Caliba, Inc., of Stanton, CA, for the Fire Station 102 – Onsite Improvements Project CFA00010. 2. Authorize the Director of Finance to set aside a contingency in the amount of $1,484,000. 3. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170 B of the Palm Desert Municipal Code 4. Authorize the Director of Finance to appropriate $16,000,000 from Fire Fund 230, Unobligated Funds to account 2304220-4400200, Fire Fund Capital Projects. 5. Authorize the City Attorney to make any necessary, nonmonetary changes to the agreement. 6. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith 7. 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. 8. 14.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 14.a APPROVE AMENDMENT NO. 8 TO CONTRACT NO. C36620 WITH FAMILY YMCA OF THE DESERT FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER 309 RECOMMENDATION: Approve Amendment No. 8 to Contract No. C36620 to update the terms, management fee, and scope of work with the Family YMCA of the Desert (YMCA), of Palm Desert, California. Contract term is July 1, 2025 to June 30, 2030, with the option to extend for three additional one-year terms, ending June 30, 2033. 1. Authorize the City Attorney to make any necessary nonmonetary changes to the amendment. 2. Authorize the City Manager to execute Amendment No. 8 for Contract No. C36620. 3. Palm Desert City Council Meeting Agenda January 9, 2025 7 14.b DIRECTION ON MATERIALS FOR EL PASEO RAISED CROSSWALKS 521 RECOMMENDATION: Request City Council direction on the preferred materials for raised crosswalks along El Paseo. 14.c RESOLUTION DECLARING INTENTION TO ESTABLISH THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES) AND SET A PUBLIC HEARING DATE FOR FEBRUARY 13, 2025 567 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT TO ESTABLISH THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES), TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TAKING OTHER ACTIONS RELATED THERETO.” 1. Direct staff to record the Boundary Map by January 24, 2025.2. Set a Public Hearing for February 13, 2025, to consider formation of Community Facilities District No. 2025-1, and calling for a special election pursuant to the Mello-Roos Community Facilities District Act of 1982. 3. 15.PUBLIC HEARINGS The public may comment on individual Public Hearing Items within the three- minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda. 15.a INTRODUCTION OF AN ORDINANCE TO AMEND SECTIONS OF TITLE 25 OF THE PALM DESERT MUNICIPAL CODE AND FINDING THE ACTION EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 593 RECOMMENDATION: Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.60.080, 25.60.160, AND 25.78.020(C) OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).” Palm Desert City Council Meeting Agenda January 9, 2025 8 15.b APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR PROGRAM YEAR 2025-26 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN 619 RECOMMENDATION: Conduct a public hearing and accept public comment related to the Community Development Block Grant (“CDBG”) Program proposed, Annual Action Plan (Program Year (PY) 2025-26). 1. Approve Outside Agency Funding Committee (“Committee”) recommendations for PY 2025-26 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed. 2. Approve the use of the PY 2025-26 CDBG funding allocation awarded to the City of Palm Desert (“City”) by the U.S. Department of Housing and Urban Development (“HUD”) for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee. 3. Approve the City’s PY 2025-26 CDBG Annual Action Plan (“Annual Plan”) and authorize staff to submit to the County of Riverside. 4. Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. 5. 16.INFORMATION ITEMS 17.ADJOURNMENT Palm Desert City Council Meeting Agenda January 9, 2025 9 18.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I, Michelle Nance, Acting 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/ Michelle Nance Acting Assistant City Clerk Palm Desert City Council Meeting Agenda January 9, 2025 10 1 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes December 12, 2024, 3:00 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee Absent: Mayor Karina Quintanilla 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Pro Tem Harnik on Thursday, December 12, 2024, at 3:00 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a UPDATE ON THE DESIGN AND PROGRESS OF THE HAYSTACK ROAD CHANNEL IMPROVEMENTS PROJECT Senior Project Manager Lamb narrated a PowerPoint presentation and responded to City Council inquiries. Al Buller, Palm Desert resident, emphasized the project's significance to the surrounding community. Following discussion, the City Council highlighted the importance of identifying a long-term solution; recommended advancing the boulder option to the Planning Commission for approval and emphasized the need to maintain ongoing dialogue with the community. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:30 p.m. Respectfully submitted, _________________________ Michelle Nance Acting Assistant City Clerk/Acting Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 11 12 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes December 12, 2024, 3:30 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Councilmember Joseph Pradetto Absent: Mayor Karina Quintanilla 1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Pro Tem Harnik on Thursday, December 12, 2024, at 3:30 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. 3. RECESS TO CLOSED SESSION Mayor Pro Tem Harnik adjourned to Closed Session at 3:30 p.m. 4. CLOSED SESSION AGENDA The following items were considered in closed session: 4.a Closed Session Meeting Minutes: November 14, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: APN 630-200-019 4.b.2 Property Description: 73710 Fred Waring Drive, Suite 200 4.b.3 Property Description: APN 640-140-020 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Councilmember Nestande led the Pledge of Allegiance. 7. INSPIRATION Councilmember Kelly 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. 13 Palm Desert City Council Meeting Minutes December 12, 2024 2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a PROCLAMATION - GLORIA SANCHEZ, RECORDS COORDINATOR Mayor Pro Tem Harnik presented a Proclamation to Gloria Sanchez, Records Coordination in recognition of her retirement. 9.b ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION City Clerk Mejia provided a staff report and responded to inquiries from Councilmembers. Jeremy Smith, representing the Riverside County Auditor-Controller’s Office on behalf of Ben Benoit, presented a certificate to Councilmember Kelly in recognition of her service on the County's Oversight Board. Rosemary Ortega, a Palm Desert resident, expressed gratitude to Councilmember Kelly for her dedication to the Sister Cities Committee. David Toltzmann, a Palm Desert resident, thanked Councilmember Kelly for her service to the community. David Salgado, Senior Government Relations representative from Southern California Association of Governments (SCAG), presented a certificate of appreciation to Councilmember Kelly in recognition of her contributions. Mayor Pro Tem Harnik honored Councilmember Kelly’s commitment to the community and presented her with a commemorative plaque. Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Trubee Adopt Resolution No. 2024-082 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.” Motion Carried (4 to 0) 9.c OUTGOING COUNCILMEMBER COMMENTS Councilmember Kelly expressed her gratitude to City staff for their unwavering support of the community, highlighting their empathy and inspiration. She also thanked her colleagues on the City Council for their collaborative efforts during her tenure and shared her excitement for the City's future. 9.d INSTALLATION OF CITY COUNCIL City Clerk Mejia administered the Oaths of Office to the newly elected Councilmembers: • Councilmember Joe Pradetto • Councilmember Gina Nestande 14 Palm Desert City Council Meeting Minutes December 12, 2024 3 Councilmember Pradetto expressed gratitude to his supporters and shared his enthusiasm for the role. Councilmember Nestande welcomed Councilmember Pradetto and expressed excitement about having a fresh perspective on the City Council. 9.e APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM Mayor Pro Tem Trubee welcomed Councilmember Pradetto to the City Council. Mayor Harnik thanked the community for supporting the passage of Measure G and emphasized the shared responsibility of the City Council and the community moving forward. Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Appoint Jan Harnik to the position of Mayor and Evan Trubee to the position of Mayor Pro Tem for a one-year term commencing upon appointment. Motion Carried (4 to 0) 10. CITY MANAGER COMMENTS 10.a SHERIFF DEPARTMENT UPDATE Lieutenant Porras of the Riverside County Sheriff's Department introduced Captain Jason Sexton, the new Captain of the Palm Desert Station. Captain Sexton shared a brief overview of his career background and expressed gratitude and enthusiasm for his new role. 10.b DISTINGUISHED BUDGET PRESENTATION AWARD FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION City Manager Hileman recognized Finance Director Chavez and the Finance Department for their accomplishment of the Budget Presentation Award. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Trubee, supported by Councilmember Pradetto, requested that staff review the policy regarding commercial vehicle use on El Paseo. Mayor Harnik commented on the need for improvements on Highway 74 by CalTrans and encouraged the community to visit the recently renovated Palm Desert Community Center and the Civic Center Dog Park. 15 Palm Desert City Council Meeting Minutes December 12, 2024 4 12. NON-AGENDA PUBLIC COMMENTS The following individuals expressed concerns related to the Refuge development project and called for a community meeting with staff and the developers: Jana Koroczynsky, Palm Desert resident Charles Cronenweth, Palm Desert resident Linda Candler, Palm Desert resident 13. CONSENT CALENDAR Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande To approve the consent calendar as presented. Motion Carried (4 to 0) 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Approve the Minutes of November 14, 2024. Motion Carried (4 to 0) 13.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Approve the warrant registers issued for the period 11/7/2024 to 11/26/2024. Motion Carried (4 to 0) 13.c ADOPTION OF ORDINANCE NO. 1420 UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA. Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Adopt Ordinance No. 1420 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (4 to 0) 16 Palm Desert City Council Meeting Minutes December 12, 2024 5 13.d ADOPTION OF ORDINANCE NO. 1421 UPDATING CHAPTER 5.11 DISCLOSURE UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER CEQA Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Adopt Ordinance No. 1421 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.11 DISCLOSURE UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (4 to 0) 13.e ADOPTION OF ORDINANCE NO. 1422 UPDATING CHAPTER 12.04 - ENCROACHMENTS AND MAKING A FINDING OF EXEMPTION UNDER CEQA Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Adopt Ordinance No. 1422 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 12.04 - ENCROACHMENTS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (4 to 0) 13.f ADOPTION OF ORDINANCE NO. 1423 AMENDING SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Adopt Ordinance No. 1423 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” Motion Carried (4 to 0) 17 Palm Desert City Council Meeting Minutes December 12, 2024 6 13.g APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE HILLSIDE DEVELOPMENT ORDINANCE Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Appoint Mayor Pro Tem Harnik and Councilmember Pradetto to an Ad Hoc Subcommittee to review the Hillside Development Ordinance. Motion Carried (4 to 0) 13.h APPOINTMENT TO THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (CVMSHCP) TRAILS MANAGEMENT SUBCOMMITTEE Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Appoint Donna Beane to serve as the City’s representative to the CVMSHCP Trails Management Subcommittee for term ending June 30, 2026. Motion Carried (4 to 0) 13.i APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED DEVELOPMENT CODE Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Appoint Councilmember Pradetto and Mayor Harnik to an Ad Hoc Subcommittee on the Unified Development Code. Motion Carried (4 to 0) 13.k RATIFY A LETTER OF SUPPORT FOR COACHELLA VALLEY BEHAVIORAL HEALTH HOSPITAL - 40 BED EXPANSION PROJECT Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Ratify the issuance of the letter of support for the Coachella Valley Behavioral Health’s 40-Bed Expansion Project. Motion Carried (4 to 0) 18 Palm Desert City Council Meeting Minutes December 12, 2024 7 13.l REAPPOINTMENT OF DOUGLAS WALKER AS THE CITY’S REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Reappoint Douglas Walker as the City of Palm Desert’s representative to the Coachella Valley Mosquito and Vector Control District (CVMVCD) Board of Trustees for a four-year term ending January 1, 2029. Motion Carried (4 to 0) 13.m APPROVAL OF MILLS ACT CONTRACTS BETWEEN THE CITY AND THE PROPERTY OWNER OF THREE INDIVIDUAL HISTORICAL PROPERTIES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Adopt Resolution No. 2024-083 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 241 SANDPIPER STREET.” 2. Adopt Resolution No. 2024-084 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 72541 EL PASEO, UNIT 1004.” 3. Adopt Resolution No. 2024-085 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 45666 SHADOW MOUNTAIN DRIVE.” Motion Carried (4 to 0) 13.n REJECT ALL PROPOSALS SUBMITTED FOR POOL, SPA, AND WATER FEATURE MAINTENANCE AND REPAIR AT HOUSING AUTHORITY PROPERTIES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Reject all proposals submitted for Pool, Spa, and Water Feature Maintenance and Repair at Housing Authority Properties. 2. Authorize staff to resolicit and advertise for pool and water feature maintenance and repair services at the Palm Desert Housing Authority residential rental properties. Motion Carried (4 to 0) 19 Palm Desert City Council Meeting Minutes December 12, 2024 8 13.o APPROVAL OF THE 2025 USA WOMEN’S MARATHON & HALF MARATHON Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Temporary waiver of Palm Desert Municipal Code (PDMC) sections: a. 11.01.20 (Hours of Use in City Parks) b. 11.01.140 (Amplified Sound in City Parks) c. 11.01.080.O (Placement of Advertising Signage in City Parks) d. 11.01.080 Q (Vendor Sales in City Parks) e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 2. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. Motion Carried (4 to 0) 13.p RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR THE IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX AND THE AUTHORIZATION OF EXAMINATION OF RECORDS Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Adopt Resolution No. 2024-086 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.” 2. Adopt Resolution No. 2024-087 entitled, “A RESOLUTION OF THE CITY OF PALM DESERT AUTHORIZING EXAMINATION OF SALES AND TRANSACTIONS AND USE TAXES RECORDS.” Motion Carried (4 to 0) 20 Palm Desert City Council Meeting Minutes December 12, 2024 9 13.q ACCEPT THE PALMA VILLAGE PARK IMPROVEMENTS AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. MPK00007) Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Accept Contract No. C47470 for the Palma Village Park Improvements, Project No. MPK00007, as completed in accordance with the plans and specifications. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. Motion Carried (4 to 0) 13.r ACCEPT THE CIVIC CENTER DOG PARK IMPROVEMENTS PROJECT AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. CFA00011) Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Accept Contract No. C47580 with GameTime for the Civic Center Dog Park Improvements, Project No. CFA00011, as completed in accordance with the plans and specifications. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. Motion Carried (4 to 0) 13.s AWARD CONTRACT NO. HA48680 TO GARLAND/DBS, INC FOR THE SANTA ROSA ROOF REPLACEMENT PROJECT CHA00004 Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Award construction Contract No. HA48680 to Garland/DBS for the Santa Rosa Apartments Roof Replacement Project No. CHA00009 in an amount not to exceed $591,229. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $59,122.90 for unforeseen conditions. 3. Authorize the Executive Director or designee to review and approve written requests for the use of the contingency amount. 4. Authorize the Chairperson and/or the Executive Director to execute the Agreement and any documents necessary to effectuate the actions taken herewith. 21 Palm Desert City Council Meeting Minutes December 12, 2024 10 5. Authorize the Chairperson and/or Executive Director to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. Motion Carried (4 to 0) 13.t AWARD CONTRACT NO. C48690 TO HF&H CONSULTANTS, LLC, FOR SOLID WASTE, RECYCLING, AND ORGANICS CONSULTING SERVICES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Award Contract No. C48690 to HF&H Consultants, LLC, of Irvine, California, for Solid Waste, Recycling, and Organics Consulting Services for a three-year term, in an annual amount not to exceed $145,000 plus 4% annual cost adjustment in each subsequent year. 2. Authorize contingency in the amount of $10,000 annually for unforeseen circumstances. 3. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 4. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried (4 to 0) 13.u AWARD AGREEMENT NO. C48700 WITH CASC ENGINEERING AND CONSULTING, INC., FOR MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Award a professional services agreement Contract No. C48700 with CASC Engineering and Consulting, Inc., for MS4 Permit Inspections and NPDES support services in an amount not to exceed $200,000 per fiscal year for a 30-month term commencing now, with two one-year contract extensions. 2. Authorize the City Manager to execute the agreement and any written requests for amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Attorney to make necessary non-monetary changes to the contract. Motion Carried (4 to 0) 22 Palm Desert City Council Meeting Minutes December 12, 2024 11 13.v AWARD CONTRACT NO. C48710 TO SUPERIOR PAVEMENT MARKINGS, INC., OF CYPRESS, CALIFORNIA, FOR THE HIGH VISABILITY CROSSWALKS IMPROVEMENT PROJECT (PROJECT NO. CTS00004) Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Award Contract No. C48710 to Superior Pavement Markings, Inc., of Cypress, California, for the High Visibility Crosswalks Improvement Project in the amount of $158,732.50, plus a contingency of $20,000 for unforeseen conditions. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the agreement 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 (4 to 0) 13.w ADOPT RESOLUTION 2024-088 MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008 RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024. Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Adopt Resolution No. 2024-088 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVIEWING AND ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE REPORT FOR THE CITY’S VARIOUS DEVELOPMENT IMPACT FEES AND MAKING FIVE-YEAR FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2024, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001.” Motion Carried (4 to 0) 13.j RATIFY ISSUANCE OF A COMMENT LETTER ON DRAFT 2024 CLIMATE ACTION PLAN FOR TRANSPORTATION INFRASTRUCTURE (CAPTI) ACTIONS Councilmember Pradetto expressed concerns related to statements on equity contained in the comment letter on draft 2024 Climate Action Plan for Transportation Infrastructure (CAPTI) Actions. Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Trubee 23 Palm Desert City Council Meeting Minutes December 12, 2024 12 Ratify the issuance of the comment letter addressed to the California State Transportation Agency (CalSTA) regarding the Draft 2024 Climate Action Plan for Transportation Infrastructure (CAPTI) Actions. Motion Carried (4 to 0) 13.x AUTHORIZE AN AMENDMENT TO CONTRACT NO. C46680 WITH INTERWEST CONSULTING GROUP, INC., INCREASING THE CONTRACT BY $45,090 AND EXTENDING THE CONTRACT TERM THROUGH DECEMBER 31, 2025 This item was moved to a date uncertain. 1. Authorize an amendment to Contract No. C46680 with Interwest Consulting Group, Inc., increasing the contract amount by $45,090 for additional community outreach meetings and analysis, bringing the total not-to-exceed amount to $309,970, and extending the contract term through December 31, 2025. 2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 3. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests pursuant to Section 3.30.170 of the Palm Desert Municipal Code. 14. ACTION CALENDAR 14.a REBRANDING OF THE PALM DESERT IHUB TO AN ENTREPRENEURIAL RESOURCE CENTER Director of Economic Development Ceja narrated a PowerPoint presentation and responded to City Council inquiries. Dr. Ezekiel Bonilla, spoke in support of the rebranding and offered to answer any questions. Motion by: Mayor Pro Tem Trubee Seconded by: Councilmember Pradetto 1. Approve the rebranding of the Palm Desert iHUB to the Entrepreneurial Resource Center. 2. Authorize the City Manager to execute any necessary documents to effectuate the rebranding. Motion Carried (4 to 0) 24 Palm Desert City Council Meeting Minutes December 12, 2024 13 14.b ADOPT A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS Director of Development Services Cannone narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Pradetto Seconded by: Mayor Pro Tem Trubee Adopt Resolution No. 2024-089 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS." Motion Carried (4 to 0) 14.c AWARD CONTRACT NO. C48720 TO CROSSTOWN ELECTRICAL AND DATA, INC., OF IRWINDALE, CALIFORNIA, FOR THE DINAH SHORE DRIVE CORRIDOR PROJECT (PROJECT NO. MST00001) Deputy Director of Public Works Chaves provided a staff report and responded to City Council inquiries. Motion by: Mayor Pro Tem Trubee Seconded by: Councilmember Pradetto 1. Award Contract No. C48720 to Crosstown Electric and Data, Inc., of Irwindale, California, for the Dinah Shore Drive Corridor Project in the amount of $295,783, plus a contingency of $30,000 for unforeseen conditions. 2. Authorize the City Attorney to make necessary nonmonetary changes to the Contract. 3. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 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 (4 to 0) 25 Palm Desert City Council Meeting Minutes December 12, 2024 14 15. PUBLIC HEARINGS 15.a PUBLIC HEARING TO CONSIDER THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY IN SUPPORT OF FINANCING IMPROVEMENTS TO HAZELDEN BETTY FORD FOUNDATION'S HEALTH CARE FACILITIES Director of Development Services Cannone provided a staff report and responded to City Council inquiries. Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act of 1982 and the Internal Revenue Code of 1986, as amended, and the related Treasury Regulations, on the proposed issuance of tax-exempt bonds by the California Public Finance Authority. 2. Adopt Resolution No. 2024-090 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY ON BEHALF OF HAZELDEN BETTY FORD FOUNDATION AND REQUESTING TO JOIN THE CALIFORNIA PUBLIC FINANCE AUTHORITY AS AN ADDITIONAL MEMBER.” Motion Carried (4 to 0) 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 5:51 p.m. Respectfully submitted, _________________________ Michelle Nance Acting Assistant City Clerk/Acting Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 26 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/8/2024 - 11/8/2024 City of Palm Desert Account Number 11/08/202436005198 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 11/08/2421626001100000 6284742 233.76 11/08/202436005198 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 11/08/2410292006100000 6284742 233.76 11/08/202436005198 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 11/08/2421622006100000 6284742 -233.76 11/08/202437439506 P E R SWR PERS - 1105 11/30/202421611001100000 100000017701355 615.32 11/08/202437439506 P E R SWR Rounding - 1105 11/30/202441115001104150 100000017701355 0.01 11/08/202437598654 STATE OF CALIFORNIAWR PIT W/H PD: 11/08/202421602001100000 8089959 106.58 11/08/202437859703 P E R SWR Rounding - 26565 11/30/202441115001104150 100000017701449 0.04 11/08/202437859703 P E R SWR PERS - 26565 11/30/202421611001100000 100000017701449 2,432.08 11/08/202438772293 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 11/08/202421601001100000 75396321 879.96 11/08/202438772293 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 11/08/202421603001100000 75396321 461.64 Examined and Approved Total For Bank ID - 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12/5/2024 City of Palm Desert Account Number 12/05/202400003193 CRAWFORD, DANNYW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,810.13 12/05/202400003194 CROY, HOMERW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 369.65 12/05/202400003195 DARLING, GLORIAW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 218.36 12/05/202400003196 HOLLINGER, DIANEW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/202400003197 DIERCKS, MARKW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 125.84 12/05/202400003198 DOYLE, KARENW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 696.15 12/05/202400003199 DRELL, PHILIP D.W1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/202400003200 ESPINOZA, JOSE LUISW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 2,088.61 12/05/202400003201 FANNING, JODIW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,022.98 12/05/202400003202 FERGUSON, JAMES C.W1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 924.70 12/05/202400003203 FLINT, DAVIDW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 189.25 12/05/202400003204 FOLKERS, RICHARD J.W1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 218.36 12/05/202400003205 GARCIA, MIGUELW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 730.85 12/05/202400003206 GARNER, PAGEW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,078.51 12/05/202400003207 GAUGUSH, CORAW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/202400003208 GLICKMAN, DEBORAH SCHWARTZW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,579.45 12/05/202400003209 GODFREY, BEN ORRINW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/202400003210 GOMEZ, DONNAW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,066.96 12/05/202400003211 GRANCE, RUSSELLW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 934.71 12/05/202400003212 GREENWOOD, MARKW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,579.45 12/05/202400003213 GRIFFIN, ROSALVAW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 295.55 12/05/202400003214 HENDERSON, RHONDAW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 878.22 12/05/202400003215 HERMANN, DAVIDW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,474.16 12/05/202400003216 HERNANDEZ, ANTHONYW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 730.85 12/05/202400003217 HERNANDEZ, CARLOSW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,579.45 12/05/202400003218 HOLTZ, GREGGW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/202400003219 JOHNSON, SONDRAW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/2024Report Date 4Page City and Housing Docusign Envelope ID: 4DC79AB1-8548-4F52-93FD-C92032E73E3A 34 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/5/2024 - 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12/5/2024 City of Palm Desert Account Number 12/05/202400003247 SCULLY, PATRICIA H.W1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 218.36 12/05/202400003248 CHRISTIANSEN, SHARONW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 730.85 12/05/202400003249 SMITH, STEPHEN R.W1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/202400003250 STANLEY, JANEW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 342.19 12/05/202400003251 SZYMANSKI, BETTYW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,209.23 12/05/202400003252 TOWNSEND, ALANAW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 247.48 12/05/202400003253 TUCKER, RONW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 471.21 12/05/202400003254 WALKER, DELW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 344.81 12/05/202400003255 WEIL, CHIN-YUW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 471.21 12/05/202400003256 WELLER, DENIW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 554.47 12/05/202400003257 WHITE, BRYCEW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 203.80 12/05/202400003258 WILCOX, DARINW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 356.00 12/05/202400003259 WITTE, LOCKW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,070.56 12/05/202400003260 WOHLMUTH, JOHNW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 745.87 12/05/202400003261 ZAMARRIPA, AARONW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 730.85 12/05/202400003262 ZAMORA, FLORENTINO G.W1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 369.43 12/05/202400003263 ZATARAIN, ABELW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,022.98 12/05/202400003264 ZATARAIN, GERARDOW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 1,066.96 12/05/202402005072 4IMPRINT INC.W1 Library outreach materials43610002524662 28514038 1,251.71 12/05/202402005073 ALPHA MEDIA LLCW1 Adv Concerts in Park Oct 2443222001104417 785353-1 560.00 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 RETENTION P117105/C4716020600002130000 2024-2032-RTNT -1,907.95 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 CST00021-CV Link Enhmnt/Slurry43320002134311 2024-2032 38,159.04 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 RETENTION P117105/C4716020600002310000 2024-2032-RTNT -7,078.35 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 CST00021-CV Link Enhmnt/Slurry50002022314670 2024-2032 141,567.00 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 RETENTION P117105 / C4716020600002130000 2024-2063-RTNT -32,311.12 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 CST00021-CV Lk Enha/Slrry OC2443320002134311 2024-2063 646,222.36 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 RETENTION P117104 / C4716020600002310000 2024-2063-RTNT -137.50 12/05/2024Report Date 6Page City and Housing Docusign Envelope ID: 4DC79AB1-8548-4F52-93FD-C92032E73E3A 36 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/5/2024 - 12/5/2024 City of Palm Desert Account Number 12/05/202402005074 AMERICAN ASPHALT SOUTH INCW1 CST00021-CV Lk Enha/Slrry OC2450002022314670 2024-2063 2,750.00 12/05/202402005075 AMERICAN HERITAGE POOL CORP.W1 RETENTION 24251355/A4788020600008710000 1965-RTNT -1,543.96 12/05/202402005075 AMERICAN HERITAGE POOL CORP.W1 Las Serenas Pool/Deck Imprvmnt43311008714195 1965 30,879.24 12/05/202402005076 AMERICANS FOR THE ARTSW1 AMFTA Dues 11/1/24-6/30/2543630004364650 0125379 100.00 12/05/202402005077 BEDROSIAN, PATRICKW1 RETIREE HEALTH STIPEND Dec-2441190005764192 12/1/2024 203.80 12/05/202402005078 C A C E OW1 CANNABIS WBNR L. 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CULPR43120001104134 1224WEBREIMB-CJ 55.00 12/12/202402005161 D & B VISIONSW1 NV24 RECYCLE & ORGANICS SVCS43090002364195 24-11 6,300.00 12/12/202402005162 DESERT ANTS ENGINEERING INC.W1 RETN RELEASE 24251397/A4826020600004000000 608 6,511.55 12/12/202402005163 DESERT ARCW1 NV24 SHREDDING SERVICES43090001104111 13884 295.00 12/12/202402005164 DESERT DISCOUNT CLEANERS LLCW1 COPS Dry Cleaning 8/7-11/18/2443060011104211 11.19.24 128.23 12/12/202402005165 DESERT ELECTRIC SUPPLYW1 R/M ELECT/LIGHT - CORPYARD43310001104330 S3254902.001 21.66 12/12/202402005166 DESERT RECYCLING INCW1 OC24 DUMP FEES43320001104310 18647 316.00 12/12/202402005167 EDTECHNOLOGYFUNDS INCW1 SP24 ERATE CAT2 CONSULTNG SVCS43090002524662 2562 975.00 12/12/202402005168 FULTON DISTRIBUTINGW1 JANITORIAL SUPPLIES - PDAC42190002424549 641290 915.66 12/12/202402005168 FULTON DISTRIBUTINGW1 JANITORIAL SUPPLIES - PDAC42190002424549 643147 928.57 12/12/202402005169 GHA MONTAGE PD LLCW1 LANDSCAPE DEPOSIT RELEASE22801006100000 PP21-0001 109,650.00 12/12/202402005170 GOODWIN, SHELBYW1 VETS DAY REFRESHMENTS 11/11/2443061011104416 GOODWINVETDAY 130.69 12/12/202402005170 GOODWIN, SHELBYW1 VETS DAY REFRESHMENTS 11/11/2443061011104416 GOODWINVETDAY 110.00 12/12/202402005171 GOVERNMENT FINANCE OFFICERSW1 INTER GOV ACCT REG A. ARELLANO43120001104150 3169248 705.00 12/12/202402005171 GOVERNMENT FINANCE OFFICERSW1 INTER GOV ACCT REG S. SULLIVAN43120001104150 3169256 705.00 12/12/202402005172 GRANITE CONSTRUCTION CO INC.W1 RTNT 24251414 / C4783020600002130000 315199.55-RTNT -16,589.45 12/12/202402005172 GRANITE CONSTRUCTION CO INC.W1 OC24 PD LINK PHASE #2 SVCS50002022134670 315199.55 331,789.00 12/12/202402005173 GREATER COACHELLA VALLEYW1 STATE OF THE CITY DHS - VMAGER43125001104430 27296 69.00 12/12/202402005174 HARNIK, JAN C.W1 NV 24 MILEAGE REMB HARNIK43115001104110 HARNIK MIL 11.24 86.16 12/12/202402005175 HORIZON LIGHTING INC.W1 R/M ELEC/LIGHT - STATE BLDG43696025104195 365583 1,698.85 12/12/202402005175 HORIZON LIGHTING INC.W1 R/M ELEC/LIGHT - ARTIST CENTER43885001104800 369319 365.80 12/12/202402005175 HORIZON LIGHTING INC.W1 R/M ELECT - PARKVIEW BLDG43696015104195 370769 595.75 12/12/202402005176 JOHN KALISKI ARCHITECTS INCW1 OC24 DOWNTOWN/HILLSID DSGN SVC43005001104470 6939 12,069.70 12/12/202402005177 KARTAL CORPORATIONW1 AP24-JU24 CARWASH43340001104331 1398 47.00 12/12/202402005177 KARTAL CORPORATIONW1 JL24-SP24 CARWASH43340001104331 1420 42.50 12/12/2024Report Date 7Page City and Housing Docusign Envelope ID: 2BA4DEBD-9939-48AF-9A0A-0DFA3E651ECA 51 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/12/2024 - 12/12/2024 City of Palm Desert Account Number 12/12/202402005178 LSL CPAsW1 2024 Audit - Prof Svcs14301001100000 66146 9,500.00 12/12/202402005179 MOCTEZUMA, LUISW1 RIDESHARE GIFT CARDS #56 202411501002380000 56-2024 1,110.00 12/12/202402005180 MOWERS PLUS INCW1 R/M ECHO BACKPACK BLOWER43310001104330 313200 36.61 12/12/202402005181 NORIDIAN MEDICARE JE PART BW1 EMS (7/16/23) RUN (23-437782)34124002300000 2023103494 379.02 12/12/202402005182 OZZIE'S INTERNATIONALW1 R/M VEHICLE #093 LEASE43340001104331 37283 445.21 12/12/202402005182 OZZIE'S INTERNATIONALW1 R/M VEHICLE #066 CITY OWNED43340001104331 37293 199.60 12/12/202402005183 PALMER ELECTRICW1 R/M ELECT - MAG FALLS / SP43325011104614 6055 781.40 12/12/202402005183 PALMER ELECTRICW1 R/M ELECT - SAN PABLO43325011104614 6075 5,788.42 12/12/202402005183 PALMER ELECTRICW1 R/M ELECT - ENTRADA DEL PASEO43921011104614 6077 1,133.19 12/12/202402005183 PALMER ELECTRICW1 R/M ELECT/LIGHT - HOVLEY43325011104611 6076 1,575.77 12/12/202402005184 PASCO DOORSW1 R/M DOORS - CITY HALL43310001104340 101378 880.00 12/12/202402005185 PORTOLA PALMS HOMEOWNERSW1 JN25 HOA FEES PPMHP #7343370008734195 JAN25 1922815 330.00 12/12/202402005186 PORTOLA PALMS HOMEOWNERSW1 JN25 HOA FEES PPMHP #12943370008734195 JAN25 1922585 330.00 12/12/202402005187 POWELL, ERICAW1 WESTAF SUBSCRIPTION RENEWAL43630004364650 INV2-F4NU-3B3T-Q 60.00 12/12/202402005187 POWELL, ERICAW1 ART & ESSAY CONTEST SUPPLIES42190004364650 221050736 838.54 12/12/202402005188 POWERFUL PEST MANAGEMENTW1 BEE TRETMNT- ENTRADA AUG2443921011104614 316740 625.00 12/12/202402005189 PROPER SOLUTIONS INC.W1 11/08 Christine J. Admin Temp43003001104150 16565 102.88 12/12/202402005189 PROPER SOLUTIONS INC.W1 11/08 Christine J. Admin Temp43003001104150 16565 1,262.24 12/12/202402005189 PROPER SOLUTIONS INC.W1 11/15 Christine J. Admin Temp43003001104150 16587 1,429.11 12/12/202402005189 PROPER SOLUTIONS INC.W1 TEMP EMP J BELTRAN 11/22/2443003001104111 16607 868.08 12/12/202402005190 RON'S TOWING & STORAGE INCW1 TOWING - CONST SITE TO CH43340001104331 24-06605 80.00 12/12/202402005190 RON'S TOWING & STORAGE INCW1 TOWING - CONST SITE TO CH43340001104331 24-06606 80.00 12/12/202402005191 SA Recycling LlcW1 MULCH MATERIAL - FREEDOM43320001104310 102524 4,250.00 12/12/202402005192 SAFEWAY SIGN CO.W1 PARKING SIGNS - PDAC43311012424549 57990 609.69 12/12/202402005193 SAM'S FENCE COMPANYW1 R/M WIND FENCE - STREETS43320001104310 21037 1,317.61 12/12/202402005194 SIMPLOT PARTNERSW1 R/M IRRIGATION SUPPLIES43310001104330 208160125 84.04 12/12/202402005195 SONSRAY MACHINERY LLCW1 R/M VEHICLE #270 CITY OWNED43340001104331 SWO060514-1 1,517.35 12/12/2024Report Date 8Page City and Housing Docusign Envelope ID: 2BA4DEBD-9939-48AF-9A0A-0DFA3E651ECA 52 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/12/2024 - 12/12/2024 City of Palm Desert Account Number 12/12/202402005195 SONSRAY MACHINERY LLCW1 R/M FLEET #270 CITY OWNED43340001104331 PSO152160-1 477.90 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 DC24 iHUB SCE43950004254430 700423102627DC24 1,044.83 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS43514001104611 700530811124NV24 1,916.43 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 72567 Highway 111 Artist Ctr43885001104800 700773993861NV24 2,061.60 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 FIRESTATION 33, 67, 7143514002304220 700028290904NV24 4,910.83 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (3) Desert Mirage (38601 Cook)43510002734680 700017585033NV24 18.77 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (4) Primrose (75530 Hovley)43510002734682 700017585033NV24 14.26 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (21) Monterey Meadows (73100 H43510002754680 700017585033NV24 14.29 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (20) The Glen (40730 M)43510002754681 700017585033NV24 14.46 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (18) Hovley Estates (40962 C /43510002754682 700017585033NV24 32.66 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (19) Sonata I (40794)43510002754683 700017585033NV24 15.09 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (5) Sonata II (73500 Hovley)43510002754684 700017585033NV24 15.35 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (7) Hovley Collection (73145 H43510002754685 700017585033NV24 29.30 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (8) La Paloma I (40970 A/7362543510002754686 700017585033NV24 28.75 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (10) La Paloma II (40970 Rosar43510002754687 700017585033NV24 14.46 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (14) La Paloma III (40741 Sola43510002754693 700017585033NV24 14.84 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (11) Sandpiper (40751 / 40972)43510002754694 700017585033NV24 28.92 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (12) Sandpiper West (40753 / 443510002754695 700017585033NV24 29.30 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (13) Hovley West (40762 Hov)43510002754696 700017585033NV24 14.62 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (1) Canyon Cove (Calliandra)43510002764374 700017585033NV24 34.20 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (22) Presidents Plaza E/W43514002774373 700017585033NV24 1,331.17 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (2) Vineyards (43430 Stony)43510002784374 700017585033NV24 14.29 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (6) The Grove (44225 Deep Cyn)43510002814374 700017585033NV24 29.05 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (15) Presidents Plaza III (73143514002824373 700017585033NV24 918.30 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (23) Presidents Plaza III (73143514002824373 700017585033NV24 84.01 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (17) Portola Place (44221)43510002834374 700017585033NV24 14.46 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (9) Kaufman/Broad (73502 FS)43510002854374 700017585033NV24 15.59 12/12/2024Report Date 9Page City and Housing Docusign Envelope ID: 2BA4DEBD-9939-48AF-9A0A-0DFA3E651ECA 53 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/12/2024 - 12/12/2024 City of Palm Desert Account Number 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 (16) Palm Desert CC (77925 Sta43510002994374 700017585033NV24 23.82 12/12/202402005196 SOUTHERN CALIFORNIA EDISONW1 72559 Hwy 111 Unit A43698005104195 700044643888NV24 854.85 12/12/202402005197 ST. 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AQUATIC CENTER42111002424549 5717857 1,199.26 12/12/202402005205 WEBSTAURANT STORE INCW1 RECYCLING CONTAINERS42190002364195 104835830 4,816.49 12/12/202402005206 WESTERN STATE BUILDERS INCW1 CDBG PALMA VILLAGE PARK20600002200000 3-RTNT -8,800.00 12/12/202402005206 WESTERN STATE BUILDERS INCW1 CDBG PALMA VILLAGE PARK44001002204649 3 176,000.00 12/12/202402005206 WESTERN STATE BUILDERS INCW1 PALMA VILLAGE PRK IMPROVEMENTS20600004000000 2R-RTNT -6,445.23 12/12/202402005206 WESTERN STATE BUILDERS INCW1 PALMA VILLAGE PRK IMPROVEMENTS20600004000000 3-RTNT -2,300.03 12/12/202402005206 WESTERN STATE BUILDERS INCW1 PALMA VILLAGE PRK IMPROVEMENTS44001004004618 2R 128,904.50 12/12/202402005206 WESTERN STATE BUILDERS INCW1 PALMA VILLAGE PRK IMPROVEMENTS44001004004618 3 46,000.58 12/12/202402005207 ZUMAR INDUSTRIES INC.W1 TRAFFIC STREET SIGNS42190001104310 9854 650.15 12/12/202402005207 ZUMAR INDUSTRIES INC.W1 SIGNAGE - CODE COMPLIANCE42190001104310 9893 359.65 12/12/2024Report Date 10Page City and Housing Docusign Envelope ID: 2BA4DEBD-9939-48AF-9A0A-0DFA3E651ECA 54 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/12/2024 - 12/12/2024 City of Palm Desert Account Number Examined and Approved Total For Bank ID - W1 3,978,413.99City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 12/12/2024Report Date 11Page City and Housing Docusign Envelope ID: 2BA4DEBD-9939-48AF-9A0A-0DFA3E651ECA 55 56 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/13/2024 - 12/13/2024 City of Palm Desert Account Number 12/13/202493501205 US BANK P-CARD 9350WR NV24 REMARKABLE SUBS KQ43620001104110 9530 12/05/2024 2.99 12/13/202493501205 US BANK P-CARD 9350WR NV24BLUECOSMO SAT PHN43620001104150 9530 12/05/2024 66.95 12/13/202493501205 US BANK P-CARD 9350WR OCT24 WELLNESS GSD43121011104154 9530 12/05/2024 132.28 12/13/202493501205 US BANK P-CARD 9350WR OCT24 WELLNESS RUN PRO43121011104154 9530 12/05/2024 68.47 12/13/202493501205 US BANK P-CARD 9350WR NV24 MAILCHIMP MARKETING SUB43620011104190 9530 12/05/2024 276.00 12/13/202493501205 US BANK P-CARD 9350WR IAAP MEMEBRSHIP E FAVELA43120001104300 9530 12/04/2024 200.00 12/13/202493501205 US BANK P-CARD 9350WR CEC COURSE J JIMENEZ 11/1/2443120001104420 9530 12/04/2024 1,050.00 12/13/202493501205 US BANK P-CARD 9350WR ICC CECOC L RITCHEY COURSE43120001104421 9530 12/04/2024 45.00 12/13/202493501205 US BANK P-CARD 9350WR ARC MEETING 06/25/2443125001104470 9530 12/04/2024 221.02 Examined and Approved Total For Bank ID - 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12/19/2024 City of Palm Desert Account Number 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 14 1050 Palm Court43510002754697 315173847700NV24 126.61 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 10560 HAYSTACK43510002764374 330551849952NV24 7,454.62 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 10561 HAYSTACK43510002764374 330559849954NV24 6,052.12 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (3) 1056 Presidents Plaza43510002774373 315185847712NV24 838.13 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (5) 1056 Presidents Plaza43510002774373 315185847712NV24 436.98 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 San Luis Rey - Fire Mtr PP E/W43510002774373 797757405414NV24 98.99 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (1) 1056 Vineyards43510002784374 315185847712NV24 85.69 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (7) 1056 Vineyards43510002784374 315185847712NV24 175.64 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 12 1050 Waring Court43510002794374 315173847700NV24 38.99 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 11 1050 Palm Gate43510002804374 315173847700NV24 35.09 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (4) 1056 The Grove43510002814374 315185847712NV24 703.01 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (2) 1056 Presidents Plaza 343510002824373 315185847712NV24 1,355.19 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (8) 1056 Presidents Plaza 343510002824373 315185847712NV24 72.94 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (6) 1056 Portola Place43510002834374 315185847712NV24 48.24 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 10 1050 Canyon Crest43510002864374 315173847700NV24 100.49 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 9 1050 PDCC43510002994374 315173847700NV24 416.39 12/19/202402005219 COACHELLA VALLEY WATER DIST.W1 (1) 1161 - 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12/19/2024 City of Palm Desert Account Number 12/19/202402005224 DEPENDABLE BREAK ROOM SOLUTIONS, INCW1 DC24 COFFEE RENTAL - CORPYARD42190001104330 I64364 107.74 12/19/202402005224 DEPENDABLE BREAK ROOM SOLUTIONS, INCW1 NV24 COFFEE RENTAL - CORPYARD42190001104330 I63915 133.09 12/19/202402005224 DEPENDABLE BREAK ROOM SOLUTIONS, INCW1 NV24 COFFEE RENTAL - CITY HALL42190001104340 MI26094 133.09 12/19/202402005224 DEPENDABLE BREAK ROOM SOLUTIONS, INCW1 BREAKROOM SUPPLIES - CITY HALL42190001104340 MI26198 521.82 12/19/202402005225 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 255777 540.64 12/19/202402005225 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - STATE BLDG43696025104195 255498 4,109.05 12/19/202402005225 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - STATE BLDG43696025104195 255699 198.00 12/19/202402005225 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - STATE BLDG43696025104195 255703 938.94 12/19/202402005226 DESERT ELECTRIC SUPPLYW1 R/M ELECT/LIGHTS - CITY HALL43310001104340 S3248912.001 54.95 12/19/202402005227 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - PARKVIEW43696015104195 12487879 974.81 12/19/202402005228 DESERT NAPA AUTO PARTSW1 R/M STREET SUPPLIES43320001104310 104180 9.67 12/19/202402005228 DESERT NAPA AUTO PARTSW1 R/M FLEET #047 OWNED43340001104331 109127 31.79 12/19/202402005229 EMERICH, JOHNW1 Magician Lib Opening 11/20/2443900002524662 INV-000004 400.00 12/19/202402005230 ENGINEERING RESOURCESW1 NV24 ENGINEERING SVC HAYSTACK50004544204370 60984 3,140.00 12/19/202402005231 FIND FOOD BANKW1 DC24 FIND T1 SB138343090002364195 392395 2,887.50 12/19/202402005231 FIND FOOD BANKW1 DC24 FIND T2 SB138343090002364195 392396 4,166.66 12/19/202402005232 GALLEGOS, DEANNAW1 LIVE SCAN SVS REIMB DG 11/0943056001104154 DGALLEGOS NHLS 76.00 12/19/202402005233 GARDENS ON EL PASEOW1 CELEBRATE THE SEASON SPONSORSH43062011104800 12062024 10,000.00 12/19/202402005234 GENERAL CODE LLCW1 MUNICIPAL CODE PRINTING 11/2743090001104111 PG000038996 3,404.00 12/19/202402005235 GOODWIN, SHELBYW1 GOLF CART PARADE SUPPLIES43061011104416 GOLFCARTP2425 20.13 12/19/202402005235 GOODWIN, SHELBYW1 GOLF CART PARADE SUPPLIES43061011104416 GOLFCARTP2425 34.90 12/19/202402005235 GOODWIN, SHELBYW1 GOLF CART PARADE SUPPLIES43061011104416 GOLFCARTP2425 151.85 12/19/202402005235 GOODWIN, SHELBYW1 GOLF CART PARADE SUPPLIES43061011104416 GOLFCARTP2425 32.31 12/19/202402005235 GOODWIN, SHELBYW1 GOLF CART PARADE SUPPLIES43061011104416 GOLFCARTP2425 130.38 12/19/202402005235 GOODWIN, SHELBYW1 GOLF CART PARADE SUPPLIES43061011104416 GOLFCARTP2425 524.15 12/19/202402005236 HF&H CONSULTANTS LLCW1 NV24 WASTE & RECYLCLING SVCS43090002364195 9721744 7,451.25 12/19/202402005237 I I M CW1 2025 IIMC DUES ORTEGA #4461743630001104111 44617-ORTEGA 135.00 12/19/2024Report Date 8Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 66 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/19/2024 - 12/19/2024 City of Palm Desert Account Number 12/19/202402005238 I I M CW1 2025 IIMC DUES NANCE #4675043630001104111 46750-NANCE 135.00 12/19/202402005239 I I M CW1 2025 IIMC DUES MEJIA #2226243630001104111 22262-MEJIA 235.00 12/19/202402005240 I I M CW1 2025 IIMC DUES LOMELI #3941443630001104111 39414-LOMELI 135.00 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 S/W COR CC WSH43514001104250 50155642-NV24 113.22 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 S/W COR CC WSH43514001104250 50155645-NV24 20.71 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 40996 WASH ST TRF SIGNAL43514001104250 50524526-NV24 108.93 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Shopper43514001104250 50087402-NV24 48.93 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087411-NV24 48.42 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 72800 Dinah Shore Drive43514001104250 50087423-NV24 69.63 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterrey43514001104250 50087432-NV24 84.16 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterey43514001104250 50087443-NV24 53.09 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087452-NV24 72.64 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 37998 Gerald Ford Dr43514001104250 50514026-NV24 48.75 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 37996 Gerald Ford Dr Signal LT43514001104250 50514028-NV24 66.95 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 75396 Frank Sinatra Dr43514001104250 50540835-NV24 51.59 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 75394 Frank Sinatra Dr St Ligh43514001104250 50540839-NV24 35.22 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 75398 Frank Sinatra Dr43514001104250 50540840-NV24 55.60 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 33108 Mont Safety Lt (Prv5065043514001104250 50887764-NV24 152.83 12/19/202402005241 IMPERIAL IRRIGATION DISTRICTW1 34249 Monterey Ave43514001104614 50488446-NV24 21.36 12/19/202402005242 IMSAW1 2025 IMCA MEMBRSHP RB/AC/MG/NG43630001104300 51617-2025 340.00 12/19/202402005243 KINCAID INDUSTRIES INCW1 R/M PLUMBING - MAGNESIA FALLS43310001104611 5602 2,252.05 12/19/202402005244 KNORR SYSTEMS INCW1 NV24 PM SERVICE - PDAC43311012424549 255152 2,970.00 12/19/202402005245 LOCK SHOP INC.W1 R/M DOOR LOCKS - HOVLEY PK43310001104611 A136444 224.79 12/19/202402005245 LOCK SHOP INC.W1 R/M DOOR LOCKS - FS #3343310002304220 A136485 428.70 12/19/202402005245 LOCK SHOP INC.W1 R/M DOOR LOCKS - STATE BLDG43696025104195 A136486 140.00 12/19/202402005245 LOCK SHOP INC.W1 PADLOCKS - CC DOG PARK42190001104610 AA10067009 109.78 12/19/202402005245 LOCK SHOP INC.W1 R/M DOOR LOCKS - SHERIFF CTR43695005104195 K319013 160.00 12/19/2024Report Date 9Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 67 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/19/2024 - 12/19/2024 City of Palm Desert Account Number 12/19/202402005246 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - WORK LIGTHS42190001104340 975706-110724 254.55 12/19/202402005246 LOWE'S HOME CENTERS INC.W1 R/M PLAYGROUND - HOVLEY43325011104611 974753-110724 79.45 12/19/202402005246 LOWE'S HOME CENTERS INC.W1 R/M FENCE - SAN PASCUAL43320001104310 993452-111324 426.26 12/19/202402005246 LOWE'S HOME CENTERS INC.W1 HOLIDAY OFFICE DECOR42190001104330 974432-112524 241.27 12/19/202402005247 MARTHA'S VILLAGE & KITCHENW1 2024 5K SPONSORSHIP MV 11/2443062011104800 1124-5KCPD 2,500.00 12/19/202402005248 MAXWELL SECURITY SERVICESW1 DC24 ALARM RESPONSE43090001104340 2412181 400.00 12/19/202402005249 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS - PDAC43311012424549 838925 350.00 12/19/202402005250 MOLINA, AMBERW1 EMPLOYEE WELLNESS REFRESH 12/442190001104154 AMOLINA 12.4.24 421.21 12/19/202402005250 MOLINA, AMBERW1 EMPLOYEE WELLNESS REFRESH 12/342190001104154 AMOLINA 12.4.24 20.66 12/19/202402005251 MOWERS PLUS INCW1 FUEL CANS43340001104331 308809 495.61 12/19/202402005251 MOWERS PLUS INCW1 R/M CHAINSAW43340001104331 309096 158.35 12/19/202402005251 MOWERS PLUS INCW1 R/M CHAINSAW43340001104331 309097 180.29 12/19/202402005252 NAI CONSULTING INCW1 NV24 COORD SVC ELDORDO REHAB43320002134311 2024-04.04 14,960.00 12/19/202402005252 NAI CONSULTING INCW1 OC24 COORD SVC ELDORDO REHAB43320002134311 2024-04.03 4,560.00 12/19/202402005253 PALM DESERT ACE HARDWAREW1 SMALL TOOLS - STREETS42190001104310 248390 112.86 12/19/202402005253 PALM DESERT ACE HARDWAREW1 GRAFFITI REMOVAL SUPPLIES43915021104310 248542 89.60 12/19/202402005253 PALM DESERT ACE HARDWAREW1 CELLPHONE CHARGERS42190001104330 248330 284.28 12/19/202402005253 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - CITY HALL43310001104340 248560 4.89 12/19/202402005253 PALM DESERT ACE HARDWAREW1 R/M PLUMBING SUPPLIES - CC PK43320011104610 248402 27.11 12/19/202402005253 PALM DESERT ACE HARDWAREW1 R/M PLUMBING SUPPLIES - CC DOG43320011104610 248388 24.18 12/19/202402005253 PALM DESERT ACE HARDWAREW1 R/M PLUMBING SUPPLIES - PALMA43320011104611 248379 31.97 12/19/202402005254 PALM SPRINGS AIR MUSEUMW1 ED PROGRAM EXPANSION Y1 24/2543880001104800 2181 75,000.00 12/19/202402005255 PALMER ELECTRICW1 R/M ELECT/LIGHT - CC PARK43321001104610 6111 251.82 12/19/202402005255 PALMER ELECTRICW1 R/M ELECT/LIGHT - EL PASEO43325011104614 6113 648.46 12/19/202402005255 PALMER ELECTRICW1 SHADE STRUCTURE LIGHTS - PDAC44001002424549 6118 24,597.07 12/19/202402005256 PARKHOUSE TIRE INC.W1 R/M TIRES FLEET #064 OWNED43340001104331 2030242498 725.75 12/19/202402005256 PARKHOUSE TIRE INC.W1 R/M TIRES FLEET #269 OWNED43340001104331 2030242528 1,075.18 12/19/2024Report Date 10Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 68 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/19/2024 - 12/19/2024 City of Palm Desert Account Number 12/19/202402005257 PODIUMS DIRECT CORPORATIONW1 PODIUM - SALES TAX20702001100000 24733 -108.18 12/19/202402005257 PODIUMS DIRECT CORPORATIONW1 OFFICE EQUIPMENT PODIUM42190001104430 24733 1,395.85 12/19/202402005257 PODIUMS DIRECT CORPORATIONW1 PODIUM - SALES TAX42190001104430 24733 108.18 12/19/202402005258 POWERS AWARDSW1 SERVICE YEARS GIFT PRADETTO43063001104111 159724 204.73 12/19/202402005258 POWERS AWARDSW1 COPS BADGES CURIA/DOLHA43060011104211 159698 28.02 12/19/202402005259 PPG ARCHITECTURAL FINISHESW1 GRAFFITI REMOVAL SUPPLIES43915021104310 972220004839 139.45 12/19/202402005260 PROFORMA SOCALW1 YEAREND EVENT SUPPLIES-GLSWARE42190001104154 BH49004875A 1,129.82 12/19/202402005260 PROFORMA SOCALW1 BUSINESS CARDS GEN/MAG/SEA/SAL42190001104154 BH49004892A 123.15 12/19/202402005260 PROFORMA SOCALW1 BUSINESS CARDS SUL/LOM/YAP/OLI42190001104154 BH49004785A 123.15 12/19/202402005260 PROFORMA SOCALW1 BUSINESS CARDS GENERAL42190001104154 BH4904798A 684.01 12/19/202402005261 PROPER SOLUTIONS INC.W1 TEMP EMP J BELTRAN 11/29/2443003001104111 16628 777.66 12/19/202402005262 QUINTANILLA, KARINAW1 OC24 QUINTANILLA MILEAGE REIMB43115001104110 QUINT MILE 11.24 74.50 12/19/202402005263 RIOS, FREDDYW1 SAFETY FOOTWEAR REIMB FR 12/643915001104300 1224BOOTREIMB-FR 222.93 12/19/202402005264 RIVERSIDE COUNTY OFFICE OF EDUCATIONW1 OC24 STUDENT OF MONTH GCV JH43125001104110 2025/573 30.00 12/19/202402005265 RODRIGUEZ , RICARDOW1 Live Scan Service43056001104154 RRODRIGUEZ 8.24 77.00 12/19/202402005266 RON'S TOWING & STORAGE INCW1 TOW SVCS FORD F250 12/09/2443320002134311 24-06799 80.00 12/19/202402005267 RON'S TOWING & STORAGE INCW1 TOWING - SLURRY PROJECT 10/3044002002134134 24-06484 80.00 12/19/202402005267 RON'S TOWING & STORAGE INCW1 TOWING - SLURRY PROJECT 10/3044002002134134 24-06482 80.00 12/19/202402005267 RON'S TOWING & STORAGE INCW1 TOWING - SLURRY PROJECT 10/3044002002134134 24-06483 80.00 12/19/202402005267 RON'S TOWING & STORAGE INCW1 TOWING - SLURRY PROJECT 10/2144002002134134 24-06397 80.00 12/19/202402005268 SEARS, JAIMEEW1 ALA CONF MILE 1/23-27/25 JS11501002520000 ADV MILE 1/23/25 14.74 12/19/202402005268 SEARS, JAIMEEW1 ALA CONF LDG 1/23-27/25 JS11501002520000 ADV LDG 1/23/25 976.00 12/19/202402005269 SEARS, JAIMEEW1 ALA CONF PDM 1/23-27/25 JS11501002520000 ADV PDM 01/23/25 387.00 12/19/202402005270 SEAWRIGHT CUSTOM PRECAST INCW1 SN COMM GARDEN PLANTER BOXES44001004004618 4228 61,997.20 12/19/202402005271 SIGNATURE TINTW1 7.75% SALES TAX20702001100000 2249 -54.87 12/19/202402005271 SIGNATURE TINTW1 7.75% SALES TAX20702001100000 2250 -55.80 12/19/202402005271 SIGNATURE TINTW1 SIGNAGE - CC PARK42190001104610 2250 720.00 12/19/2024Report Date 11Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 69 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/19/2024 - 12/19/2024 City of Palm Desert Account Number 12/19/202402005271 SIGNATURE TINTW1 SIGNAGE - SALES TAX42190001104610 2250 55.80 12/19/202402005271 SIGNATURE TINTW1 SIGNAGE - CC PARK42190001104610 1986 258.60 12/19/202402005271 SIGNATURE TINTW1 SIGNAGE - VARIOUS PARKS42190001104611 2249 708.00 12/19/202402005271 SIGNATURE TINTW1 SIGNAGE - SALES TAX42190001104611 2249 54.87 12/19/202402005272 SIMPLOT PARTNERSW1 R/M WATERLINE - PORTOLA43320001104310 208160599 41.02 12/19/202402005273 SO CAL GASW1 DC24 UTILITIES - CORP YARD43512001104330 05382896149-DC24 70.17 12/19/202402005273 SO CAL GASW1 NV24 73510 FW CITY HALL43512001104340 20092710001-NV24 242.76 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 PD Srv Area 19 LS-1-E43514001104250 700400365524NV24 2,926.67 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (14) SHEPHERD N/O CHINOOK43514001104250 700413950271NV24 14.48 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (16) A STREET S/O 42ND43514001104250 700413950271NV24 27.87 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (21) DAISY/SHEPARD43514001104250 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (28) ALPINE / SHEPHERD43514001104250 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (29) (Shepard Lane / Scholar L43514001104250 700413950271NV24 27.87 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (32) (JERI LANE)43514001104250 700413950271NV24 14.48 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (33) SHEPARD /PORTOLA43514001104250 700413950271NV24 14.48 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (34) PETUNIA ll (Windflower/Sh43514001104250 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (35) COLLEGE VIEW lll (Acad/Sh43514001104250 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 Traffic lamps LS-243514001104250 700524045271NV24 339.27 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 Street lites LS-343514001104250 600001510277NV24 247.69 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 42991 1/2 San Pablo43514001104250 700653799848NV24 174.89 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 74705 42nd PED43514001104330 700117253442NV24 1,680.74 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 73510 FW City Hall43514001104340 700116008610NV24 10,300.18 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 45480 Portola CC43514001104344 700418878578NV24 1,093.07 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 73710 FW Pumpstation43514001104610 700169234934NV24 6,684.49 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 CC Park - San Pablo43514001104610 700167703344DC24 5,286.87 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 35981 1/2 - 7600 1/2 COLLEGE43514001104611 700871754303NV24 163.64 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 43980 1/2 San Pablo Rd43514001104614 700339281893NV24 10,554.80 12/19/2024Report Date 12Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 70 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/19/2024 - 12/19/2024 City of Palm Desert Account Number 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 Street Power PEDESTALS43514001104614 700019019320NV24 2,080.92 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 43556 1/2 San Pablo43514001104614 700654070741NV24 263.70 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 73751 Magnesia Falls Dr POOL43514002424549 700019219986NV24 10,066.64 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (6) PARKVIEW ESTATES43514002724374 700413950271NV24 440.63 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (7) DESERT MIRAGE/COOK43514002734680 700413950271NV24 70.43 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (8) SANDCASTLES43514002734681 700413950271NV24 160.23 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (12) HOVLEY/HEMMINGWAY43514002734682 700413950271NV24 19.04 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (25) DIAMONDBACK43514002754643 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (1) MONTEREY / MEAD. ASSMT43514002754680 700413950271NV24 69.87 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (3) SONATA-HOVLEY43514002754683 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (4) HOVLEY-POSADA-FONDA43514002754684 700413950271NV24 28.97 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (10) HOVLEY COLLECTION43514002754685 700413950271NV24 28.97 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (13) AVE ARCADIA/HOVLEY43514002754686 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (17) AVE. ROSARIO/HOVLEY43514002754687 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (22) HOVLEY LN/SANDPIPER43514002754694 700413950271NV24 13.93 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (23) HOVLEY LN/SANDPIPER W43514002754695 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (24) 40764 HOVLEY CT43514002754696 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (18) PALM CT/HOVLEY LN43514002754697 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (2) HAYSTACK LIGHTING DIST.43514002764374 700413950271NV24 32.05 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (5) VINEYARDS43514002784374 700413950271NV24 115.33 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (9) GROVE (Silver / Royal)43514002814374 700413950271NV24 340.56 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (19) FRANK SINATRA W/O PORTOLA43514002854374 700413950271NV24 28.97 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (20) COLLEGE VIEW/SHEPPARD43514002874374 700413950271NV24 27.87 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (30) SUNDANCE W (Kokopelli / S43514002874681 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (26) PETUNIA I (Petunia / Shep43514002874682 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (27) PETUNIA I (W Petunia/Shep43514002874682 700413950271NV24 13.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (31) SUNDANCE E (Chinook / She43514002874683 700413950271NV24 14.48 12/19/2024Report Date 13Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 71 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/19/2024 - 12/19/2024 City of Palm Desert Account Number 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (11) PDCC (76520 California)43514002994374 700413950271NV24 3,099.94 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (15) MICHIGAN / CA43514002994374 700413950271NV24 101.60 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 73710 FW Dr Ste 11643514005104195 700339417188NV24 78.22 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 73720 FW STE 100A43514005104195 700066496069NV24 850.86 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (1) 73710 / 73720 FW STE43514005104195 700485107855NV24 4,279.93 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20043514005104195 700835292306NV24 1,367.91 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (2) 73710 FW Dr DR2 / HM143696015104195 700485107855NV24 329.82 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20443696015104195 700905148268NV24 172.88 12/19/202402005274 SOUTHERN CALIFORNIA EDISONW1 (3) 73720 FW Dr HM43696025104195 700485107855NV24 434.39 12/19/202402005275 SUSTAINOVATION LLCW1 LEADERSHIP TRAIN&DEVLP 12/4/2443090001104154 20241204 1,840.00 12/19/202402005276 SWANA-SOLID WASTE ASSOCIATION NAW1 SWANA MEMBERSHIP 25/26 A LAWRA14301002360000 2026-1948300 166.25 12/19/202402005276 SWANA-SOLID WASTE ASSOCIATION NAW1 SWANA MEMBERSHIP 24/25 A LAWRA43120002364195 2026-1948300 118.75 12/19/202402005277 T-MOBILE USA INCW1 SHERIFF TIMING ADV. T24180004643042001104210 3004222018 50.00 12/19/202402005278 TOPS N BARRICADES INC.W1 SAFETY JACKETS / T-SHIRTS - ST42190001104310 1110552 1,188.37 12/19/202402005279 U S POSTMASTERW1 JN/FB25 BRIGHTSIDE NWS POSTAGE43026001104417 BRIGHTSIDEJAN25 7,622.54 12/19/202402005280 ULINE INCW1 6 DELUXE MOBILE TABLES - PWCR44001004504161 185261905 2,867.34 12/19/202402005281 VAN DERMYDEN MAKUS LAWW1 SP24 INVESTIGATIVE SERVICES43090001104154 31834 4,930.00 12/19/202402005282 VASQUEZ, AILEENW1 BADGE HOLDERS & REELS42110001104154 AVASQUEZ10.24.24 46.31 12/19/202402005283 VEGA, ERIKW1 CLASSA LIC ENDRSMNT RMB EV 8/843630001104300 E1811285-2024 58.00 12/19/202402005283 VEGA, ERIKW1 SAFETY FOOTWEAR REIMB EV 10/543915001104300 BOOTREIMB-1024EV 220.87 12/19/202402005284 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - PDAC42111002424549 5719071 753.82 12/19/202402005285 WHITE CAP LPW1 R/M LNDSP SUPPLIES - PALMA42190001104611 50029214017 132.65 12/19/202402005286 WITTMAN ENTERPRISES LLCW1 NV24 EMS BILLING SERVICES43090002304220 24110547 14,952.00 12/19/202402005287 XEROX FINANCIAL SERVICESW1 COPIER LEASE 11/29-12/2843420001104190 6547582 2,851.42 12/19/202402005287 XEROX FINANCIAL SERVICESW1 LIB XEROX LEASE 11/14-12/1343420002524662 6523850 424.07 12/19/202402005287 XEROX FINANCIAL SERVICESW1 2TX101725 11/20-12/19 LEASE43420001104190 6531830 204.97 12/19/202402005287 XEROX FINANCIAL SERVICESW1 3TX403772 11/30-12/29 LEASE43420001104190 6553243 191.98 12/19/2024Report Date 14Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 72 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/19/2024 - 12/19/2024 City of Palm Desert Account Number 12/19/202402005288 XPRESS GRAPHICSW1 PRINT MATERIAL MAP PADS43610001104417 24-66909 220.61 12/19/202402005288 XPRESS GRAPHICSW1 DRD GRAND OPENING BANNER43223011104417 24-66639 609.63 12/19/202402005288 XPRESS GRAPHICSW1 INFO PAMPHLET - DOG PARKS42190001104611 24-65518 235.13 12/19/202402005289 ZAMUDIO, MARCOW1 SAFETY FOOTWEAR REIMB MZ 11/2443915001104300 BOOTREIMB-MZ1124 184.86 Examined and Approved Total For Bank ID - W1 1,092,893.11City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 12/19/2024Report Date 15Page City and Housing Docusign Envelope ID: BAC7AB74-F82D-4F80-8C77-C1D560FAEE3F 73 74 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/26/2024 - 12/26/2024 City of Palm Desert Account Number 12/26/202400003332 Amazon Capital Services Inc.W1 COPS BATTERIES & CLIPBOARDS43060011104211 1L71-T16K-CRDX 136.64 12/26/202400003332 Amazon Capital Services Inc.W1 TV STAND ROLLING EASEL42110001104430 1KPP-LXNK-71PX 102.35 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/3042112002524662 B6899576 56.51 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/3042112002524662 B6899588 901.27 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/3042112002524662 B6899570 11.74 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/3042112002524662 B6899577 17.90 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/942112002524662 B6889961 124.63 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/942112002524662 B6889960 17.90 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/942112002524662 B6889964 193.37 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/942112002524662 B6890121 585.34 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/942112002524662 B6889944 3,817.35 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/942112002524662 B6889943 1,447.88 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893581 109.85 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893296 22.43 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893303 110.79 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893582 41.40 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893371 422.47 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893306 398.03 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893295 89.95 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/1642112002524662 B6893593 2,788.55 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/2342112002524662 B6896996 11.74 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/2342112002524662 B6896923 17.91 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/2342112002524662 B6896997 142.14 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/2342112002524662 B6896934 1,836.11 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/2342112002524662 B6896924 3,039.33 12/26/202400003333 BRODART COW1 HARD COPY PUBLICATIONS 11/2342112002524662 B6896834 3,520.64 12/26/202400003334 DEPARTMENT OF HEALTH CARE SVSW1 JN25 PPGEMT Prog NPI108311774143045002304220 2025-1 84,573.39 12/26/2024Report Date 1Page City and Housing Docusign Envelope ID: C16C81BD-228E-4525-BA4C-C9B85D75A78E 75 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/26/2024 - 12/26/2024 City of Palm Desert Account Number 12/26/202400003335 ENTERPRISE HOLDINGS INCW1 24/25 VEHICLE RENTALS RSO43042001104210 37630031 1,297.01 12/26/202400003335 ENTERPRISE HOLDINGS INCW1 24/25 VEHICLE RENTALS RSO43042001104210 37570806 3,749.90 12/26/202400003336 HR GREEN PACIFIC INCW1 JL24 ENGINEERING LAND DEV SVCS43011501104130 181791A 37,621.00 12/26/202400003336 HR GREEN PACIFIC INCW1 AG24 ENGINEERING LAND DEV SVC43011501104130 181799A 25,754.00 12/26/202400003336 HR GREEN PACIFIC INCW1 SP24 ENGINEERING LAND DEV SVC43011501104130 181804A 22,289.04 12/26/202400003336 HR GREEN PACIFIC INCW1 NV24 BROADBAND STUDY SVCS43090001104430 182450 680.00 12/26/202400003337 JOSLYN CENTERW1 WINE & JAZZ REGISTR JH 1/14/2543886001104800 121224PD 275.00 12/26/202400003337 JOSLYN CENTERW1 WINE & JAZZ REGISTR ET 1/14/2543886001104800 121224PD 275.00 12/26/202400003338 MIDWEST TAPE LLCW1 NV24 DIGITAL MEDIA SVCS43620012524662 506414742 842.49 12/26/202400003338 MIDWEST TAPE LLCW1 CATALOGING & DVD SVCS 11/1842112002524662 506337836 20.10 12/26/202400003338 MIDWEST TAPE LLCW1 CATALOGING & DVD SVCS 11/2542112002524662 506389367 88.57 12/26/202400003339 NV5 INCW1 NS CONSULTNG SVC 9/29-10/26/2443090001104159 416729 6,798.00 12/26/202400003339 NV5 INCW1 NS CONSULTN SVC 10/27-11/23/2443090001104159 420028 824.00 12/26/202400003340 Q3 CONSULTINGW1 OC24 N. PD CITY IMPROVEMNT SVC42191001104159 33877 8,585.00 12/26/202400003341 SANT MADEW1 OC24 WEBSITE HOSTING & SUPPORT43620011104190 3028 700.00 12/26/202400003341 SANT MADEW1 SP24 WEBSITE HOSTING & SUPPORT43620011104190 3010 700.00 12/26/202400003341 SANT MADEW1 NV24 WEBSITE HOSTING & SUPPORT43620011104190 3049 700.00 12/26/202400003342 TGTW1 VC MERCHANDISE MINI STICKERS16601001100000 1933539 2,019.33 12/26/202400003342 TGTW1 MINI-STICKER - SALES TAX16601001100000 1933539 156.50 12/26/202400003342 TGTW1 MINI-STICKER - SALES TAX20702001100000 1933539 -156.50 12/26/202402005290 ALLEY, JEFFREY LYNNW1 COPS F&B 12/10/2443060011104211 ALLEY 12.10.24 49.42 12/26/202402005290 ALLEY, JEFFREY LYNNW1 COPS YEAR END EVENT DECORATION43060011104211 ALLEY 12.12.24 68.93 12/26/202402005291 AT&TW1 SHERIFF TRACKING-T24213012443042001104210 529761 195.00 12/26/202402005292 BEST SIGNS INC.W1 NAME PLATE PLAQUE B. BLYTHE43095011104154 98098 217.15 12/26/202402005293 CITY OF INDIAN WELLSW1 FIRE STATION 55 SHRD MAINT RMB43042012304220 20-18 120.48 12/26/202402005294 CVRMW1 NV24 5 SHELTER BEDS43090002254212 7296 3,750.00 12/26/202402005295 GALL'S LLCW1 WORK BOOTS J. CENTENO 12/543915001104422 029841823 151.73 12/26/2024Report Date 2Page City and Housing Docusign Envelope ID: C16C81BD-228E-4525-BA4C-C9B85D75A78E 76 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/26/2024 - 12/26/2024 City of Palm Desert Account Number 12/26/202402005295 GALL'S LLCW1 WORK BOOTS P. VILLANUEVA 12/543915001104422 029841828 140.87 12/26/202402005295 GALL'S LLCW1 PUNCTURE RESISTNT INSOLES 12/343915001104422 029841828 10.86 12/26/202402005296 GLADWELL GOVERNMENTAL SERVICES INC.W1 RECORDS RTNT LEGAL REV 24/2543090001104111 5610 450.00 12/26/202402005297 GLS USW1 SUPERIOR PRESS CONTRACT43660001104111 5411448 3.80 12/26/202402005298 JOE A. GONSALVES & SONW1 JN25 LEGAL RETAINER43090001104112 162158 3,000.00 12/26/202402005299 LAW OFFICE OF KAREN J SLOAT APCW1 SCS CAMERA REIMB KAREN J SLOAT43930004254430 SCS-KARENJSLOAT 500.00 12/26/202402005300 MRON'S TOWINGW1 TOWING - CONST SITE TO CH43340001104331 24-06605 80.00 12/26/202402005300 MRON'S TOWINGW1 TOWING - CONST SITE TO CH43340001104331 24-06606 80.00 12/26/202402005300 MRON'S TOWINGW1 TOWING - SLURRY PROJECT 10/3044002002134134 24-06484 80.00 12/26/202402005300 MRON'S TOWINGW1 TOWING - SLURRY PROJECT 10/3044002002134134 24-06482 80.00 12/26/202402005300 MRON'S TOWINGW1 TOWING - SLURRY PROJECT 10/3044002002134134 24-06483 80.00 12/26/202402005300 MRON'S TOWINGW1 TOWING - SLURRY PROJECT 10/2144002002134134 24-06397 80.00 12/26/202402005300 MRON'S TOWINGW1 TOW SVCS FORD F250 12/09/2443320002134311 24-06799 80.00 12/26/202402005301 POWERS AWARDSW1 COPS BADGE P. MORRISEY43060011104211 159852 14.01 12/26/202402005302 PROFORMA SOCALW1 GOLF CART PARADE DECALS 11/3043610001104422 BH49004876A 569.75 12/26/202402005303 PROPER SOLUTIONS INC.W1 TEMP EMP J BELTRAN 12/6/2443003001104111 16647 1,446.80 12/26/202402005304 RETAIL MARKETING SERVICESW1 NV24 SHOPPING CART SERVICE43090001104422 194209 550.00 12/26/202402005305 SAN DIEGO BMW MOTORCYCLESW1 SHERIFF MOTORCYCLE REPAIRS43340001104210 92572133 206.34 12/26/202402005306 TGTW1 MINI-STICKER - SALES TAX16601001100000 1933579 3.29 12/26/202402005306 TGTW1 MINI-STICKER - SALES TAX20702001100000 1933579 -3.29 12/26/202402005306 TGTW1 VC MERCHANDISE MINI STICKERS16601001100000 1933579 42.50 12/26/202402005307 TKE ENGINEERING INCW1 AG24/SP24 EL PASEO REHAB SVC44002002134134 2024-1323 340.00 12/26/202402005307 TKE ENGINEERING INCW1 JL24 EL PASEO ST REHAB44002002134134 2024-947 680.00 12/26/202402005308 VASQUEZ, AILEENW1 YEAR END PARTY SUPPLIES 12/642190001104154 AIVASQUEZ 12.7 11.26 12/26/202402005308 VASQUEZ, AILEENW1 YEAR END PARTY SUPPLIES 12/742190001104154 AIVASQUEZ 12.7 13.02 12/26/202402005308 VASQUEZ, AILEENW1 YEAR END PARTY SUPPLIES 12/542190001104154 AIVASQUEZ 12.7 19.36 12/26/202402005308 VASQUEZ, AILEENW1 YEAR END PARTY SUPPLIES 12/642190001104154 AIVASQUEZ 12.7 45.18 12/26/2024Report Date 3Page City and Housing Docusign Envelope ID: C16C81BD-228E-4525-BA4C-C9B85D75A78E 77 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/26/2024 - 12/26/2024 City of Palm Desert Account Number 12/26/202402005308 VASQUEZ, AILEENW1 YEAR END PARTY SUPPLIES 12/542190001104154 AIVASQUEZ 12.7 29.26 Examined and Approved Total For Bank ID - W1 230,941.77City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 12/26/2024Report Date 4Page City and Housing Docusign Envelope ID: C16C81BD-228E-4525-BA4C-C9B85D75A78E 78 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 12/27/2024 - 12/27/2024 City of Palm Desert Account Number 12/27/202402005309 AMERICAN HERITAGE POOL CORP.W1 RETENTION 24251355/A4788020600008710000 1980-RTNT -1,930.45 12/27/202402005309 AMERICAN HERITAGE POOL CORP.W1 LAS SERENAS POOL/DECK IMPRV #543311008714195 1980 38,608.94 Examined and Approved Total For Bank ID - W1 36,678.49City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 12/27/2024Report Date 1Page City and Housing Docusign Envelope ID: 9EC68894-305B-4262-8410-E92216E4F7B0 79 80 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: ____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ JFC Restaurants, Inc. Chez Pierre 74040 Highway 111 Ste E Palm Desert, CA 92260 Thursday, December 26, 2024. December 18, 2024Development Services: Planning 4 December 17, 2024 81 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION 0,&+(//(1$1&(, '(387<CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: ____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department:__________________________Date:B _______________ Response: No comment – okay to present to City Council. Refer to______________________________________  related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ JFC Restaurants, Inc. Chez Pierre 74040 Highway 111 Ste E Palm Desert, CA 92260 Thursday, December 26, 2024. December 18, 2024Building and Safety ✔ December 17, 2024 82 83 84 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: ____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Jacksons Food Stores Jackson 6843 72300 Highway 111 Palm Desert, CA 92260 Thursday, December 26, 2024. December 18, 2024Development Services: Planning 4 December 17, 2024 85 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION 0,&+(//(1$1&(, '(387<CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: ____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department:__________________________Date:B _______________ Response: No comment – okay to present to City Council. Refer to______________________________________  related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Jacksons Food Stores Jackson 6843 72300 Highway 111 Palm Desert, CA 92260 Thursday, December 26, 2024. December 18, 2024Building and Safety ✔ December 17, 2024 86 87 88 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: ____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ MAA Palm Desert Hospitality Inc. Springhill Suites 72322 Highway 111 Palm Desert, CA Thursday, December 26, 2024. December 18, 2024Development Services: Planning 4 December 17, 2024 89 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION 0,&+(//(1$1&(, '(387<CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: ____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department:__________________________Date:B _______________ Response: No comment – okay to present to City Council. Refer to______________________________________  related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ MAA Palm Desert Hospitality Inc. Springhill Suites 72322 Highway 111 Palm Desert, CA Thursday, December 26, 2024. December 18, 2024Building and Safety ✔ December 17, 2024 90 91 92 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: APPROVE THE 2025 LIST OF SOCIAL MEDIA COMMEMORATIONS RECOMMENDATION: Approve the list of social media commemorations planned for 2025. BACKGROUND/ANALYSIS: The City of Palm Desert utilizes its social media channels to convey a variety of information, including City news, meeting reminders, and event up dates. City staff also actively seeks ways to bring the community together by creating social media posts affirming the City's commitment to diversity and inclusion. These posts may commemorate Federal and State holidays, religious holidays, special national and international days or months, and related observances throughout the year. The attached list is based on the approved 2024 social media commemorations, with the one addition of Kwanzaa. This list has been reviewed by the Mayor and Mayor Pro Tem and is now being brought to the full City Council for final consideration. 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. City of Palm Desert Social Media Commemorations - 2025 93 94 City of Palm Desert 2025 Social Media Annual Holidays and Commemorations New Year’s Day Law Enforcement Appreciation Day Martin Luther King Jr. Day Black History Month International Holocaust Remembrance Day Groundhog Day Lunar New Year Valentine’s Day Presidents’ Day Zero Discrimination Day International Women’s Day St. Patrick’s Day First Day of Spring César Chávez Day Passover Easter Ramadan Eid al-Fitr Holocaust Remembrance Day Administrative Professionals Day Earth Day Bike Month Cinco de Mayo Mother’s Day Memorial Day Armed Forces Day LGBTQ Pride Month National Trails Day Flag Day Father’s Day Juneteenth First Day of Summer National Indigenous Peoples Day Columbus Day Canada Day Independence Day (Fourth of July) Eid al-Adha Emergency Preparedness Month Hunger Action Month Patriot Day 9/11 Rosh Hashanah Yom Kippur Hispanic Heritage Month Mexican Independence Day First Day of Fall World Tourism Day Earthquake Preparedness Month Great California ShakeOut Day Halloween Nat’l Native American Heritage Month Greater Palm Springs Pride Veterans Day Thanksgiving World AIDS Day Hanukkah Human Rights Day First Day of Winter Kwanzaa Christmas New Year’s Eve 95 96 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Erika Castellano, Senior Administrative Assistant SUBJECT: ACCEPTANCE OF A RESIGNATION FROM THE PARKS AND RECREATION COMMITTEE RECOMMENDATION: With regret, accept the resignation of Lori Flint from the Parks and Recreation Committee, effective December 12, 2024. BACKGROUND/ANALYSIS: On June 24, 2021, Lori Flint was appointed to the Parks and Recreation Committee with a term ending on June 30, 2025. On December 12, 2024, Ms. Flint informed the City that she will be resigning from the Parks and Recreation committee effective immediately. Legal Review: This report has been reviewed by the City A ttorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with this report. 97 98 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPOINTMENTS TO THE FINANCE COMMITTEE AND PLANNING COMMISSION RECOMMENDATION: 1. Appoint a member to the Finance Committee for a term ending June 30, 2028. 2. Appoint a member to the Planning Commission for a term ending June 30, 2027. BACKGROUND/ANALYSIS: Unscheduled vacancies have occurred on the Finance Committee and Planning Commission, requiring appointments to fill these roles.  Finance Committee: The term of this position will extend through June 30, 2028.  Planning Commission: The term of this position will extend through June 30, 2027. In accordance with established City procedures, staff initiated a recruitment process to fill these vacancies. Advertisements were posted on social media platforms, and a notice of recruitment was displayed at City Hall on November 16, 2024. The City Council will conduct a study session on January 7, 2025, to interview candidates for these positions, with the selections presented for formal appointment at the regular meeting on January 9, 2025. The names of the recommended candidates will be included in a supplemental memo distributed to the City Council and posted online that morning. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. 99 100 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPROVAL OF THE 2025 CITY COUNCIL LIAISON AND SUBCOMMITTEE ASSIGNMENTS AND APPOINTMENT OF REPRESENTATIVES TO EXTERNAL ORGANIZATIONS RECOMMENDATION: Approve the 2025 City Council Liaison and Subcommittee Assignments and the appointment of representatives to external organizations. BACKGROUND/ANALYSIS: The City Council has established various Boards, Commissions, Committees, and Task Forces (“appointed bodies”) to leverage the expertise of Palm Desert residents and community volunteers. Members of the City Council are appointed by the Mayor to serve as liais ons to these appointed bodies. The 2025 City Council Assignments and Appointments List was developed by the incoming Mayor in consultation with the incoming Mayor Pro Tem. Per Palm Desert Municipal Code Section 2.34.060(E), a City Council liaison facilita tes communication between the City Council and the appointed body. Liaisons are not members or advocates of the appointed body and do not provide direction or influence its decisions. Their role is limited to assisting and providing information as needed. If a Primary Attendee/Liaison or Alternate is unavailable, the Primary Attendee/Liaison may designate another Councilmember to attend the meeting on their behalf on a case-by-case basis. For reference, the December 2023 Fair Political Practices Commission (FPPC) Form 806 – Agency Report of Public Official Appointments is included. This form, required by the FPPC since 2012, discloses stipends paid to public officials for their service on local and regional boards in addition to their role as City Councilmembers. Posting Form 806 on the City’s website has been the City’s practice since the requirement was instituted, allowing Councilmembers to vote on stipend-paying appointments without abstaining. Once the City Council Assignments and Appointments Roster is approved, the City Clerk’s Office will update Form 806 and post it to the City’s website. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. 101 City of Palm Desert 2025 City Council Assignments and Appointments Page 2 of 2 ATTACHMENTS: 1. 2025 Council Assignments and Appointments Roster 2. Form 806, dated December 19, 2023 102 2025 City Council Liaison Assignments GROUP 2025 PROPOSED ATTENDEE(S)2025 PROPOSED ALTERNATE(S)STAFF LIAISON MEETING DAY/TIME/LOCATION Annexation/Two x Two North Sphere -Merged (Mayor & MPT)Harnik/Trubee Nestande/Councilmembers Richard/Rosie As needed C V W D Water Issues 2x2 Committee (“H202")Pradetto Harnik/Councilmembers Martin As scheduled Cal Cities Annual Conf. - Voting Delegate & Alternate Trubee Quintanilla/Councilmembers Anthony Conference Date TBD California Joint Powers Ins. Authority Trubee Rsk Mgr/City Treas/Council Andrea & Amber July 23, 2025 CJPIA Ofc., LaPalma Chamber of Commerce Bd. of Directors Harnik Nestande/Councilmembers Eric 4th Tuesday - 7:30 a.m., PDACC Children’s Discovery Museum of the Desert Quintanilla Nestande/Councilmembers Veronica 3rd Wednesday - 4:00 p.m. City Selection Committee Quintanilla Pradetto/Councilmembers Anthony As needed Civic Engagement Committee (Palm Desert-2 Cncl)Quintanilla Trubee/Councilmembers Ryland 3rd Thursday, quarterly (Jan., April, July, Oct.), ACR Coachella Valley Animal Campus Trubee Quintanilla/Councilmembers Richard/Pedro first Thursday, bi-monthly at 9:30 a.m. Coachella Valley Economic Partnership Bd. of Dir. (CVEP)Amy Lawrence Eric Ceja Amy/Eric 3rd Wednesday - 8:00 a.m. Coachella Valley Mountains Conservancy Trubee Nestande/Councilmembers Martin Bimonthly 2nd Monday - 3:00 p.m. Cove Communities Public Safety Cmssn. (2-Cncl.)Quintanilla/Trubee Nestande/Councilmembers Chris As scheduled Cultural Arts Committee (Palm Desert)Nestande Councilmembers Erica/Amy 2nd Wednesday - 9:00 a.m., ACR Cultural Resources Preservation Committee (Palm Desert)Trubee Harnik/Councilmembers Richard/Rosie 4th Wednesady - 9:00 a.m., ACR CVAG Energy & Sustainability Committee Nestande Trubee/Councilmembers Martin 2nd Thursday - 12:00 p.m. CVAG Executive Committee Harnik Trubee/Councilmembers Last Monday - 4:30 p.m. (Gen. Assy 5/1-5/2/25) CVAG Homelessness Committee Pradetto Nestande/Councilmembers Chris/Ivan 3rd Wednesday - 10:00 a.m. CVAG Personnel Committee (if applicable)Trubee Harnik/Councilmembers Andrea As needed - Last Monday CVAG Public Safety Committee Quintanilla Trubee/Councilmembers Chris 2nd Monday - 9:00 a.m. CVAG Transportation Committee Harnik Pradetto/Councilmembers Maritn 1st Monday - 10:00 a.m. CVAG-Coachella Valley Conservation Commission Trubee Quintanilla/Councilmembers Martin 2nd Thursday - 10:30 a.m. CVAG Desert Community Energy Board Veronica Chavez Quintanilla/Councilmembers Chris 3rd Monday - CVAG Office - 12:00 p.m. (Dec-Dark) Desert Willow President’s Committee Harnik Trubee/Councilmembers Veronica/John 3rd Tuesday - 10:00 a.m. El Paseo Business Improvement District Board (Palm Desert)Harnik Nestande/Councilmembers Thomas 3rd Thursday - 8:00 a.m., ACR Finance Committee (Palm Desert) (Mayor & MPT)Harnik/Trubee Councilmembers Veronica Bimonthly 4th Tuesday - 10:00 a.m., ACR Historical Society (Palm Desert) Trubee Nestande/Councilmembers Richard/Rosie 3rd Tuesday - 5:30 p.m. Homelessness Taskforce (Palm Desert)Pradetto/Quintanilla Nestande/Councilmembers Chirs/Ivan Bimonthly 1st Monday - 9:00 a.m. ACR Housing Commission (Palm Desert) Pradetto Quintanilla/Councilmembers Jessica 2nd Wednesday - 3:30 p.m., NWCR Joslyn Center Board of Directors Liaison Harnik Nestande/Councilmembers Ivan/Chris 4th Tuesday - 4:00 p.m. Library Advisory Committee (PD)/Desert Library Zone Com.Trubee Harnik/Councilmembers Gary 4th Monday - 1:00 p.m. ACR Living Desert Board of Trustees Advisory Council (Mayor)Harnik Pradetto/Councilmembers Martin 4th Friday - 12:00 p.m. - 3 meetings/year - Jan, Apr, Nov Marketing Committee (Palm Desert) Harnik/Quintanilla Councilmembers Thomas Bimonthly-1st Tues. - 3:00 p.m., ACR McCallum Theatre Education Policy Committee Quintanilla Nestande/Councilmembers Jan, March May, 3pm - 4:30pm Outside Agency Fundg. Cmte.(PD) (Mayor & MPT)Harnik/Trubee Councilmembers Veronica As needed Palm Desert Recreational Facils. Corp.Nestande Trubee/Councilmembers Veronica 2nd Monday in June, C/M Office Palm Desert Sister Cities Foundation Nestande Trubee/Councilmembers Luis 2nd Tuesday - 3:00 p.m., NWCR Parks & Recreation Committee (Palm Desert)Trubee Nestande/Councilmembers Kevin/Shawn 1st Tuesday - 8:30 a.m., ACR Public Safety Committee (Palm Desert)Trubee Quintanilla/Councilmembers Chris 2nd Tuesday - 3:30 p.m., ACR Regional Access Project (RAP) Foundation Board Nestande RAP prohibits alternates Veronica 4th Wednesday - 9:00 a.m. Resource Preservation and Enhancement Committee (PD)Harnik Trubee/Councilmembers Amy/Luis Quarterly or Bi-Monthly, Monday (week varies)– 3:00 p.m., ACR Riverside County Overlay Zone Quintanilla Harnik/Councilmembers As needed Riverside County Transportation Commissn Harnik Pradetto/Councilmembers Martin 2nd Wednesday - 9:30 a.m. SCAG (So. Cal. Assn. of Govts.) Gen. Assy. Deleg. Quintanilla Trubee/Councilmembers Martin/Randy/Chris Regional Conf. & Gen. Assy. May SunLine Transit Agency Board Harnik Quintanilla/Councilmembers Martin 4th Wednesday - 12:00 p.m. Two x Two Committee (City Council & DSUSD Board)Trubee/Nestande Harnik/Councilmembers Todd/Chris As needed University Planning and Development Committee Quintanilla/Harnik Pradetto/Councilmembers Eric Quarterly Visit Greater Palm Springs Harnik Trubee/Councilmembers Thomas 4th Friday - 8:00 a.m. Y M C A Board Liaison (Ex-Officio)Trubee Nestande/Councilmembers Martin/Chris 3rd Thursday - Noon Where "Councilmember" is noted as an Alternate option, Primary Attendee(s) may designate another Cncl. Alternate on a case-by-base basis throughout the year when the assigned alternate is not available. 103 2025 City Council Liaison Assignments SUBCOMMITTEE 2025 PROPOSED ATTENDEE(S) 2025 PROPOSED ALTERNATE DEPT. 4th Fire Station Planning Subcommittee Harnik, Nestande AS Active Transportation Program (ATP)Harnik, Trubee CD Affordable Housing Policy Subcommittee Harnik, Quintanilla CD Cannabis Regulation Subcommittee Quintanilla, Trubee Nestande CD Boards/Committees Review Subcommittee Harnik, Pradetto Quintanilla CM Downtown Zoning Subcommittee Pradetto, Quintanilla DS Economic Development Subcommittee Harnik, Nestande Quintanilla ED Jacqueline Cochran Regnl Airport Auth. [Thermal]Harnik Trubee FD Governmental/Legislative Affairs Committee Mayor/MPT CM Hilldside Development Harnik/Pradetto Richard Cannone DS Litigation Subcommittee Mayor/MPT CM Palm Desert Aquatic Center Subcommittee Harnik, Trubee Nestande PW Palm Desert Entrepreneurial Resource Center Harnik, Quintanilla ED Palm Desert-Rancho Mirage Corridor Cmte. (Mayor)Harnik CM Park Naming Subcommittee Pradetto, Trubee PW Santa Rosa & San Jacinto Mtns. Natl. Monmt. Cmte.Trubee Nestande CD Seasonal Lighting and Décor Committee Harnik, Trubee Nestande PW Short Tem Rentals Subcommittee Harnik, Trubee DS Special Events Subcommittee (Mayor/MPT)Harnik, Trubee Amy Lawrence ED Utility Underground Subcommittee Harnike Trubee PW Unified Development Harnik, Pradetto DS Shawn Muir, Kevin Swartz, Randy Chavez Martin Alvarez Martin Alvarez/Randy Chavez Richard Cannone Richard Cannone Martin Alvarez Todd Hileman/Anthony Mejia STAFF LIAISON(S) Martin Alvarez Jessica Gonzalez Richard Cannone Anthony Mejia Richard Cannone Eric Ceja Veronica Chavez Todd Hileman/Anthony Mejia City Manager, BBK, Eric Ceja Shawn Muir Eric Ceja Chris Escobedo/Veronica Chavez C:\Users\ecastellano\Desktop\Council Assignments 2025.xlsx 104 FPPC Form 806 (1/18) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) Comment: A Public Document Appt Date and Length of Term Agency Report of: Public Official Appointments 2. Appointments 3. Verification I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief. Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Agency Boards and Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend Last, First) Last, First) Last, First) Last, First) Alternate, if any Alternate, if any Alternate, if any Alternate, if any Last, First) Last, First) Last, First) Last, First) Name Name Name Name 0-$1,000 0-$1,000 0-$1,000 0-$1,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 Other Other Other Other California Form 1.Agency Name Designated Agency Contact (Name,Title) E-mail Division, Department, or Region (If Applicable) 806 For Official Use Only Area Code/Phone Number Month, Day, Year) Appt Date Appt Date Appt Date Appt Date Length of Term Length of Term Length of Term Length of Term Estimated Annual: Estimated Annual: Estimated Annual: Estimated Annual: Per Meeting: Per Meeting: Per Meeting: Per Meeting: Page _____ of _____ Date Posted: CITY OF PALM DESERT CITY CLERK ANTHONY MEJIA 760) 346-0611 amejia@cityofpalmdesert.org 1 4 12/19/2023 California Joint Powers Insurance Authority Trubee, Evan Risk Manager 12 14 23 1 year 100 n CVAG (Coachella Valley Association of Governments) - Coachella Valley Conservation Commission Trubee, Evan Kelly, Kathleen/Cncl. 12 14 23 1 year 75 n CVAG - Energy & Environmental Resources Committee Nestande, Gina Trubee, Evan/Cncl. 12 14 23 1 Year 75 n CVAG - Executive Committee Kelly, Kathleen Harnik, Jan 12 14 23 1 year 100 n ANTHONY MEJIA CITY CLERK 12/18/2023 CITY COUNCIL LIAISON APPOINTMENTS APPROVED/CONFIRMED AT MEETING OF 12/14/2023 Print Clear DocuSign Envelope ID: 9D4E949E-273F-4C8D-B3A6-D1D48768580D 105 FPPC Form 806 (1/18) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) Background This form is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official is a member. This form is required pursuant to FPPC Regulation 18702.5. Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be updated promptly as changes occur. Instructions This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional compensation to the appointee. FPPC Regulation 18702.5 provides that as long as the public is informed prior to a vote, an official may vote to hold another position even when the vote results in additional compensation. Part 1. Agency Identification Identify the agency name and information on who should be contacted for information. Part 2. Appointments Identify the name of the other agency, board or commission. List the name of the official, and an alternate, if any. List the appointment date and the length of term the agency official will serve. Disclose the stipend provided per meeting and the estimated annual payment. The annual salary is an estimate as it will likely vary depending upon the number of meetings. It is not necessary to revise the estimate at the end of the calendar year. Part 3. Verification The agency head or his/her designee must sign the verification. Frequently Asked Questions (FAQs) 1.When does an agency need to complete the Form 806? A Form 806 is required when an agency’s board members vote to appoint a board member to serve on another governmental agency or position of the agency of which the official is a member and will receive additional compensation. 2.The city council votes to serve as the city’s housing authority, a separate entity. Will the Form 806 be required? If the council members receive additional compensation for serving on the housing authority, the Form 806 is required. 3.Are appointments made by a governing board to appoint one of its members to serve as an officer of that board for additional pay (e.g., mayor) required to be disclosed on Form 806? No. FPPC Regulation 18702.5(b)(6) exempts from this requirement decisions to fill a position on the body of which the official is a member (such as a councilmember being appointed as mayor) despite an increase in compensation. 4.In determining the income, must the agency include mileage reimbursements, travel payments, health benefits, and other compensation? No. FPPC Regulation 18702.5 requires only the amount of the stipend or salary to be reported. 5.Which agency must post the Form 806? The agency that is voting to appoint a public official must post the Form 806 on its website. The agency that the official will serve as a member is not required to post the Form 806. The form is not sent to the FPPC. 6.When must the Form 806 be updated? The Form 806 should be amended promptly upon any of the following circumstances: (1) the number of scheduled meetings is changed, (2) there is a change in the compensation paid to the members, (3) there is a change in membership on the board or commission, or (4) there is a new appointment to a new agency. 7.If officials choose to recuse themselves from the decision and leave the room when a vote is taken to make an appointment, must the Form 806 be completed? No. The Form 806 is only required to identify those officials that will vote on an appointment in which the official will also receive additional compensation. Privacy Information Notice Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811. California Form 806 A Public Document Agency Report of: Public Official Appointments DocuSign Envelope ID: 9D4E949E-273F-4C8D-B3A6-D1D48768580D 106 FPPC Form 806 (1/18) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) A Public Document Appt Date and Length of Term Agency Report of: Public Official Appointments Continuation Sheet 2. Appointments Agency Boards and Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend Last, First) Last, First) Last, First) Last, First) Alternate, if any Alternate, if any Alternate, if any Alternate, if any Last, First) Last, First) Last, First) Last, First) Name Name Name Name 0-$1,000 0-$1,000 0-$1,000 0-$1,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 Other Other Other Other California Form 1.Agency Name 806 Month, Day, Year) Date Posted: Appt Date Appt Date Appt Date Appt Date Length of Term Length of Term Length of Term Length of Term Estimated Annual: Estimated Annual: Estimated Annual: Estimated Annual: Per Meeting: Per Meeting: Per Meeting: Per Meeting: Last, First) Last, First) Alternate, if any Alternate, if any Last, First) Last, First) Name Name 0-$1,000 0-$1,000 1,001-$2,000 1,001-$2,000 2,001-$3,000 2,001-$3,000 Other Other Appt Date Appt Date Length of Term Length of Term Estimated Annual: Estimated Annual: Per Meeting: Per Meeting: Page _____ of _____ CVAG (Coachella Valley Association of Governments) - Homelessness Committee Greater Palm Springs CVA/CVB CVAG - Public Safety Committee CVAG - Transportation Committee CVAG - Personnel Committee Jacqueline Cochran Regional Airport Authority 2 4 CITY OF PALM DESERT 12/19/2023 Kelly, Kathleen Quintanilla, Karina/Cncl 12 14 23 1 year 50 n Kelly, Kathleen Harnik, Jan/Cnlc 12 14 23 1 Year 75.00 n Quintanilla, Karina Trubee, Evan/Cncl 12 14 23 1 Year 75.00 n Harnik, Jan Kelly, Kathleen/Cncl. 12 14 23 1 Year 75.00 n Harnik, Jan Quintanilla, Karina 12 14 23 1 Year 100.00 n Harnik, Jan Trubee, Evan/Cncl. 12 14 23 1 Year 50.00 n Print Clear DocuSign Envelope ID: 9D4E949E-273F-4C8D-B3A6-D1D48768580D 107 FPPC Form 806 (1/18) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) A Public Document Appt Date and Length of Term Agency Report of: Public Official Appointments Continuation Sheet 2. Appointments Agency Boards and Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend Last, First) Last, First) Last, First) Last, First) Alternate, if any Alternate, if any Alternate, if any Alternate, if any Last, First) Last, First) Last, First) Last, First) Name Name Name Name 0-$1,000 0-$1,000 0-$1,000 0-$1,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 Other Other Other Other California Form 1.Agency Name 806 Month, Day, Year) Date Posted: Appt Date Appt Date Appt Date Appt Date Length of Term Length of Term Length of Term Length of Term Estimated Annual: Estimated Annual: Estimated Annual: Estimated Annual: Per Meeting: Per Meeting: Per Meeting: Per Meeting: Last, First) Last, First) Alternate, if any Alternate, if any Last, First) Last, First) Name Name 0-$1,000 0-$1,000 1,001-$2,000 1,001-$2,000 2,001-$3,000 2,001-$3,000 Other Other Appt Date Appt Date Length of Term Length of Term Estimated Annual: Estimated Annual: Per Meeting: Per Meeting: Page _____ of _____ Riverside County Transportation Commission Palm Desert Housing Authority Palm Desert Housing Authority Palm Desert Housing Authority SunLine Transit Agency Board Palm Desert Housing Authority 3 4 CITY OF PALM DESERT 12/19/23 Harnik, Jan Kelly, Kathleen, Cnclmbrs. 12 14 23 1 year 100 n Kelly, Kathleen Harnik, Jan, Cnclmbrs. 12 14 23 1 year 50 n Quintanilla, Karina 12 10 20 4 years 50 n Harnik, Jan 12 15 22 4 years 50 n Kelly, Kathleen 12 10 20 4 years 50 n Nestande, Gina 12 10 20 4 years 50 n Print Clear DocuSign Envelope ID: 9D4E949E-273F-4C8D-B3A6-D1D48768580D 108 FPPC Form 806 (1/18) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) A Public Document Appt Date and Length of Term Agency Report of: Public Official Appointments Continuation Sheet 2. Appointments Agency Boards and Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend Last, First) Last, First) Last, First) Last, First) Alternate, if any Alternate, if any Alternate, if any Alternate, if any Last, First) Last, First) Last, First) Last, First) Name Name Name Name 0-$1,000 0-$1,000 0-$1,000 0-$1,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 1,001-$2,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 2,001-$3,000 Other Other Other Other California Form 1.Agency Name 806 Month, Day, Year) Date Posted: Appt Date Appt Date Appt Date Appt Date Length of Term Length of Term Length of Term Length of Term Estimated Annual: Estimated Annual: Estimated Annual: Estimated Annual: Per Meeting: Per Meeting: Per Meeting: Per Meeting: Last, First) Last, First) Alternate, if any Alternate, if any Last, First) Last, First) Name Name 0-$1,000 0-$1,000 1,001-$2,000 1,001-$2,000 2,001-$3,000 2,001-$3,000 Other Other Appt Date Appt Date Length of Term Length of Term Estimated Annual: Estimated Annual: Per Meeting: Per Meeting: Page _____ of _____ Palm Desert Housing Authority 4 4 CITY OF PALM DESERT 12/19/23 Trubee, Evan 12 15 22 4 years 50 n Print Clear DocuSign Envelope ID: 9D4E949E-273F-4C8D-B3A6-D1D48768580D 109 110 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RATIFICATION OF LETTERS OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) ACCESS INDIAN CANYON DRIVE PROJECT AND THE COACHELLA VALLEY MULTIMODAL CORRIDOR PLAN RECOMMENDATION: Ratify the Letters of Support for the Coachella Valley Association of Governments (CVAG) ACCESS Indian Canyon Drive Project and the Coachella Valley Multimodal Corridor Plan. BACKGROUND/ANALYSIS: The Coachella Valley Association of Governments (CVAG) requested letters of support for two projects. At the direction of the City Council Subcommittee on Legislative Affairs, consisting of Mayor Pro Tem Trubee and Mayor Harnik, these letters were issued on December 27, 2024. The City Council is now asked to ratify their issuance. The ACCESS Indian Canyon Drive Project (Addressing Climate Change, Emergencies, and Sandstorms) focuses on improving infrastructure resilience and mobility. Key components of the project include the construction of two all-weather bridge systems to minimize road closures caused by water and sand accumulation. Additionally, the project features undercrossings to support a wildlife corridor, ensuring interconnectivity for threatened and endangered species. Other enhancements include sand fencing to protect roadways from windblown sand and an active transportation pathway to increase mobility and access to rail services. The Coachella Valley Multimodal Corridor Plan (CVMCP) is an initiative designed to improve regional connectivity, promote sustainable transportation, and enhance mobility for residents and visitors throughout the Coachella Valley. The plan emphasizes the integration of multimodal transportation networks, including roadways, public transit, pedestrian pathways, and cycling infrastructure, to address the region's evolving transportation needs. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Letters of Support 111 112 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV December 27, 2024 Office of the Secretary of Transportation United States Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Re: CVAG’s ACCESS Indian Canyon Drive Project – Support Dear Office of the Secretary of Transportation: The City of Palm Desert is pleased to express strong support for the Coachella Valley Association of Governments (CVAG) and its application for the Fiscal Year 2025 RAISE Discretionary Grant from the United States Department of Transportation (USDOT). The grant will fund the Addressing Climate Change, Emergencies, and Sandstorms (ACCESS) Indian Canyon Drive project, which will enhance safety, climate resilience, and sustainability while protecting critical transportation infrastructure from the impacts of extreme weather events. The ACCESS project is a vital step toward building a resilient transportation network in the desert region. Indian Canyon Drive, a major arterial road in the City of Palm Springs, connects residents and visitors to essential goods, services, and employment opportunities. However, this road crosses the Whitewater River and a sand dune conservation area, leaving it highly vulnerable to flooding and blowsand. In 2023 and 2024 alone, Indian Canyon Drive was closed for a cumulative 162 days due to these weather-related challenges. These closures disrupt the region’s transportation system, hindering access to jobs, schools, medical facilities, and critical resources. Of particular concern, closures sever direct access to Desert Regional Medical Center—the region’s only Level I Trauma Center—compromising public safety. Additionally, prolonged road closures worsen air quality, increase economic burdens, and disproportionately affect disadvantaged communities. CVAG’s ACCESS project addresses these urgent challenges by implementing climate -resilient infrastructure solutions. The proposed improvements include bridges that will keep Indian Canyon Drive open during extreme weather events while providing habitat linkages for threatened species. The project also advances sustainability goals by supporting multi-modal transportation options and renewable energy generation. Together, these measures will mitigate social, economic, and environmental impacts while improving the quality of life for residents and visitors across the region. This project is essential for enhancing regional resilience, sustainability, and safety. For these reasons, the City of Palm Desert strongly supports CVAG’s application for the RAISE Grant and urges your favorable consideration. Sincerely, Jan C. Harnik, Mayor City of Palm Desert 113 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV December 27, 2024 Kristin White, Acting Administrator Federal Highway Administration United States Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Re: CVAG’s ACCESS Indian Canyon Drive Project - Support Dear Acting Administrator White: The City of Palm Desert enthusiastically supports the Coachella Valley Association of Governments (CVAG) application to the United States Department of Transportation (USDOT) PROTECT Grant Opportunity for Fiscal Year 2025. This application seeks funding for the Addressing Climate Change, Emergencies, and Sandstorms (ACCESS) Indian Canyon Drive project—a critical initiative to enhance the resilience of Indian Canyon Drive, a major arterial road, against natural hazards. The ACCESS project aligns with USDOT’s priorities of advancing safety, equity, climate resilience, environmental protection, and job quality. By addressing the frequent and prolonged closures of Indian Canyon Drive caused by flooding and blowsand, the project will safeguard the communities that rely on this vital roadway. Enhancing the road’s resilience will directly improve access to essential services, reduce emissions caused by congestion, and strengthen regional connectivity. Indian Canyon Drive serves as a crucial transportation artery in the City of Palm Springs, linking the Whitewater River area with a sand dune conservation zone. This roadway provides indispensable access to goods, services, and employment opportunities. However, in 2023 and 2024, closures due to flooding and blowsand totaled 162 days, causing significant disruptions. These closures ripple through the region’s transportation network, increasing congestion, travel times, and emissions while limiting access to schools, medical facilities, and workplaces. Notably, road closures sever direct access to Desert Regional Medical Center, the region’s only Level I Trauma Center, jeopardizing public safety. Such impacts disproportionately affect disadvantaged communities and are expected to worsen as extreme weather events become more frequent and severe. The ACCESS project will incorporate critical climate resilience measures to mitigate these challenges. Elevated bridges will ensure the road remains open while preserving habitat linkages for threatened species. The project also prioritizes sustainability by promoting multi-modal transportation options and incorporating renewable energy solutions. These features will generate substantial benefits for disadvantaged communities, enhancing the overall quality of life for residents and visitors alike. For these reasons, the City of Palm Desert strongly supports CVAG’s application for the PROTECT Grant. We urge USDOT to recognize the transformative potential of the ACCESS Indian Canyon Drive project and grant it favorable consideration. Sincerely, Jan C. Harnik, Mayor City of Palm Desert 114 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV December 27, 2024 Tony Tavares, Director California Department of Transportation Division of Transportation Planning 1120 N Street, Sacramento, CA 95814 Re: Caltrans Sustainable Transportation Planning Grant – Sustainable Communities Program (Fiscal Year 2025/26) – Coachella Valley Multimodal Corridor Plan (CV MCP) Dear Director Tavares, On behalf of the City of Palm Desert, I am pleased to provide this letter of support for the Coachella Valley Association of Governments’ (CVAG) application for funding under the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Program. Palm Desert will be directly involved in providing relevant community-based input during the planning process and assisting with the implementation of key recommendations through active participation in the Multimodal Corridor Plan’s Community and Stakeholder Meeting Groups. The CVAG Multimodal Corridor Plan for Coachella Valley is designed to identify and prioritize transportation network improvements that promote sustainable and equitable growth. By evaluating traffic operations and mobility along the region’s key transportation corridors, the Plan will address existing challenges while expanding mobility options beyond dependence on personal vehicles. As a rapidly growing region, the Coachella Valley faces significant transportation challenges due to limited multimodal options relative to its population and geographic size. While corridors such as Interstate 10, State Route 62, and State Route 86 are vital to the region, the heavy reliance on automobile travel highlights the pressing need for improved connectivity across these critical routes. The CV MCP will leverage the Valley’s unique layout and transit-supportive density to advance corridor-level improvements, including expanded public transportation options such as bus rapid transit and enhanced multimodal accessibility. By fostering improved connectivity among the region’s nine municipalities, unincorporated areas, and tribal jurisdictions, the Plan aims to bridge economic and social divides between the western and eastern valleys. These enhancements will provide transportation solutions that support sustainable growth and strengthen regional ties. For these reasons, the City of Palm Desert strongly supports this project and respectfully urges Caltrans to approve funding through the Sustainable Communities Grant Program. This initiative will not only enhance transportation infrastructure but also help create a robust housing supply that is well-integrated with sustainable and efficient mobility options. Thank you for your consideration of this important project. We look forward to its implementation and the positive impacts it will bring to the Coachella Valley. Sincerely, Jan C. Harnik, Mayor City of Palm Desert 115 116 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RATIFICATION OF A LETTER OF SUPPORT FOR THE BRANDMAN CENTERS FOR SENIOR CARE – COACHELLA VALLEY, LLC PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) RECOMMENDATION: Ratify the letter of support for the Brandman Centers for Senior Care – Coachella Valley, LLC Program of All-Inclusive Care for the Elderly (PACE) application. BACKGROUND/ANALYSIS: Brandman Centers for Senior Care – Coachella Valley, LLC, a not-for-profit subsidiary of Los Angeles Jewish Health, has applied for the Program of All-Inclusive Care for the Elderly (PACE) through state and federal agencies. The proposed center at 2800 E. Alejo Road in Palm Springs will serve 28 zip codes in the Coachella Valley, addressing gaps in care for seniors with chronic health needs. Los Angeles Jewish Health has a strong record of PACE operations, with centers in Reseda and West Los Angeles serving nearly 1,000 participants. This new center will similarly enhance senior care and improve quality of life in the region. At the request of Eisenhower Health, the City Council Ad Hoc Subcommittee on Governmental/Legislative Affairs, consisting of Mayor Harnik and Mayor Pro Tem Trubee, authorized issuance of the support letter on December 13, 2024. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Letter of Support, dated December 13, 2024 117 118 OFFICE OF THE MAYOR AND CITY COUNCIL December 13, 2024 Debra McGregor, MPP CllY Of P R l M 73-5 IO FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 I FAX: 760 340-0574 cityhall@cityofpalmdesert.org Centers for Medicare and Medica i d Services US Department of Health and Human Services 90 70th Street, Suite 5-300 (SW) San Francisco, CA 94103 Elva Alatorre PACE Branch Chief Integrated Systems of Care Division 1515 K Street, Suite 340 Sacramento, CA 95814 RE : Brandman Centers for Senior Care-Coachella Valley, LLC Program of All-Inclusive Care for the Elderly (PACE) -Letter of Support Dear Ms. McGregor and Ms. Alatorre, On behalf of the City of Palm Desert, I am pleased to express our strong support for the application of Brandman Centers for Senior Care -Coachella Valley, LLC, for the Program of All-Inclusive Care for the Elderly (PACE) through the Department of Health Care Services and the Centers for Medicare and Medicaid Services. Brandman Centers for Senior Care -Coachella Valley, LLC, is a not-for-profit subsidiary of Los Angeles Jewish Health (LAJHealth -Coachella Valley). With over 112 years of service, Los Angeles Jewish Health has established itself as a trusted provider of senior care, offering services such as senior housing, short-term rehabilitation, long-term care, dementia care, geriatric psychiatric care, and outpatient services, including hospice and ambulatory cl inics. Since opening its first PACE program in Reseda, California, in February 2013, and a second center in West Los Angeles in November 2023, Los Angeles Jewish Health has enrolled nearly 1,000 participants, 99% of whom are Medi-Cal beneficiaries. PACE allows participants to remain safely in their homes and communities while receivi ng comprehensive healthcare services. The proposed PACE center in Palm Springs, located at 2800 E. Alejo Road, will serve residents across 28 zip codes in the Coachella Valley and surrounding area s (as det ailed in the attached table). Th is Page 1 of 3 119 expansion represents a much-needed addition to our region, addressing critical gaps in care for elderly individuals with chronic health needs. We are particularly encouraged by the collaboration between Brandman Centers for Senior Care - Coachella Valley, LLC, and Eisenhower Health, which will combine their expertise and resources to deliver high-quality care. This partnership reflects the shared commitment to meeting the healthcare needs of our community's most vulnerable populations. The City of Palm Desert recognizes the vital role PACE services play in enhancing the quality of life for our seniors and their families. We are confident that this program will bring substantial benefits to our community, ensuring that elderly residents can remain independent while receiving the care they need. On behalf of the City of Palm Desert, I extend our full support for this application and look forward to the positive impact Brandman Centers for Senior Care -Coachella Valley, LLC, will have on our community. ~r~ n C. Harnik, Mayor City of Palm Desert Enclosure: Attachment I -List of 28 Zip Codes to Be Served by the Proposed PACE Center CIIY Of PRlM DESERT 0 PIIIUCh)ll&IUlUDU.fU Page 2 of 3 120 Attachment 1 Mapping and Zip Codes Brandman Centers for Senior care -Coachella Valley, LLC 2800 E Alejo Rd, Palm Sprlnss CA Zip Codes 92201,92203,92210,92211,92220,92223,92230,92234,92236,92240,92241,92252,92253,92256,92258, 92260,92262,92264,92270,92276,92282,92284,92320,92399,92555,92567,92582,92583 Zlpc.ode 92286 92546 92581 Reason Not Included PO Box PO Box PO Box Proposed Expansion Service Area )04IIUO 11H NaoolloJ Patt The zip code areas beyond the furthest eastern and southern po int marks are the Joshua Tree Nati ona l Park and witdernesses. **Source: mapline.com CITY Of PHlM DfHRT Page 3 of 3 121 122 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: APPOINTMENT TO THE BOARD OF DIRECTORS FOR THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT RECOMMENDATION: Appoint Angela Rafferty to the Board of Directors for the El Paseo Parking and Business Improvement District (EPPBID) for a term ending June 30, 2025. BACKGROUND/ANALYSIS: The EPPBID operates under the Parking and Business Improvement Area Law of 1989 and is subject to oversight by the City Council. A Council-appointed Board of Directors serves as the district's Advisory Board, representing the interests of businesses within the designated area. The EPPBID’s objectives include advertising promotion, street beautification, parking management, tourism support, and other initiatives to enhance business activity. Established to promote El Paseo as a world-class, pedestrian-friendly, and upscale destination, the district fosters a unique retail and service environment. The district encompasses all businesses along El Paseo between Highway 74 and Portola Avenue, as well as businesses on adjoining streets up to 180 feet south and 154 feet north of El Paseo. The EPPBID's budget is funded entirely by contributions from its members through fees collected during business license registration, with no reliance on the City's General Fund. The EPPBID Board follows a unique process outlined in its bylaws to fill vacancies that is unlike other City committees and commissions:  EPPBID Board seats are open only to members of the district.  A membership subcommittee of the Board conducts an initial review of applicants.  The subcommittee presents its findings to the full Board.  The Board votes by majority to recommend a candidate for City Council approval. Angela Rafferty, owner of Chakra Aesthetics, has been recommended by the Board to fill a vacant seat set to expire on June 30, 2025. Her appointment is anticipated to enhance the Board’s representation by including the perspective of a small service business owner and operator. In consideration of these factors, staff supports the Board’s recommendation. Legal Review: This report has been reviewed by the City Attorney’s Office. 123 City of Palm Desert Appoint Angela Rafferty to the EPPBID Board of Directors Page 2 of 2 Appointed Body Recommendation: At a special meeting held on December 5, 2024, the EPPBID Board of Directors unanimously voted to recommend Angela Rafferty's appointment to the Board. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: EPPBID Board Application- Angela Rafferty 124 Submit Date: Nov 16, 2023 First Name Middle Initial Last Name Email Address Home Address City State Postal Code Primary Phone Alternate Phone Employer Job Title City of Palm Desert Boards, Commissions & Committees Application Profile Registered to vote in the City of Palm Desert since: 2015 Committees and Commissions Which Boards would you like to apply for? El Paseo Business Improvement District Board: Submitted Are you currently serving on a board, committee or commission? (If yes, please list below) no Interests & Experiences Why are you interested in serving on a board or commission? I am a small business located on El Paseo and have always served on community boards wherever I've owned businesses. Would like to contribute in this capacity to help El Paseo's future endeavors. Education My education is in all things spa related and business. Angela D Rafferty Palm Desert CA 92260 Chakra Esthetics Day Spa Owner/Operator Angela D Rafferty 125 126 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Shelby Goodwin, Special Events Coordinator SUBJECT: APPROVAL OF PARK ORDINANCE WAIVERS FOR THE 2025 PALM DESERT HALF MARATHON AND 5K AND WILDFLOWER FESTIVAL EVENTS RECOMMENDATION: Approve temporary waiver of the following Palm Desert Municipal Code (PDMC) sections for the 2025 Palm Desert Half Marathon and 5K and Wildflower Festival events: a. 11.01.20 (Hours of Use in City Parks) b. 11.01.140 (Amplified Sound in City Parks) c. 11.01.080 H (Camping) d. 11.01.080 O (Placement of Advertising Signage in City Parks) e. 11.01.080 Q (Vendor Sales in City Parks) f. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 BACKGROUND/ANALYSIS: City Council approved the Community Event Sponsorships as part of the FY 2024-25 Annual Budget, which included the 2025 Palm Desert Half Marathon and 5K and the Wildflower Festival. The 9th Annual Palm Desert Half Marathon and 5K event is scheduled for Sunday, February 16, 2025. The event producer is requesting permission to have a fenced beer garden during the event at the Palm Desert Civic Center Park. Additionally, the Wildflower Festival event producer is also planning to have a fenced beer garden at their 13th annual event scheduled for Saturday, March 1, 2025, at the Palm Desert Civic Center Park. Both events require additional park ordinance waivers. The waivers cover the use of park hours , amplified sound, placement of advertising signage, and vendor sales. Regarding the camping waiver, this request allows event organizers to begin set-up the night before each event, with overnight security provided to ensure safety. The Administrative Policy for Use of City-Owned Facilities stipulates that as City sponsored events, the waivers must be approved by the City Council. Strategic Plan: Approval of park ordinance waivers for these events would impact the following priorities outlined in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together:  Parks and Recreation Priority 3: Make recreational and exercise opportunities available in all public spaces. 127 City of Palm Desert Park Waivers for the 2025 Palm Desert Half Marathon and 5K and Wildflower Festival Events Page 2 of 2  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. FINANCIAL IMPACT: City Council approved the Community Event Sponsorships as part of the FY 2024-25 Annual Budget, which included an allocation for the 2025 Palm Desert Half Marathon and 5K in the amount of $12,500 and the Wildflower Festival in the amount of $18,000. There is no additional fiscal impact associated with this action. ATTACHMENT: Administrative Policy for Use of City-Owned Facilities 128 Resolution No. 2023-070 Page 1 of 13 Exhibit A CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject ADMINISTRATIVE POLICY FOR USE OF CITY OWNED FACILITIES Policy No. Date Issued: June 8, 2023 Approved by Resolution No. 2023-070 Authored by Public Works Department I.PURPOSE The City of Palm Desert owns, operates, manages, and leases a variety of indoor and outdoor space. The intended purpose of those spaces ranges from indoor spaces that are dedicated solely for the conduct of City business to outdoor spaces that promote a diversity of uses. Such spaces include the pavilions and playing fields that can be reserved in advance at the Palm Desert Civic Center Park, Hovley Soccer Park, and Freedom Park together with the Palm Desert Civic Center Park amphitheater that can be rented for larger events. The Palm Desert Community Center and Portola Community Center, both operated by the Desert Recreation District, are additional facilities that can be rented, along with the Palm Desert Aquatic Center, operated by the Family YMCA of the Desert. The purpose of this policy is to support the: •City regulations adopted as Chapter 11.04, Park Reservations and Park Use Permit, as part of the Palm Desert Municipal Code; •Existing agreements with the Desert Recreation District for annual park services and the lease of the Palm Desert Community Center (Contract No. C32410, as amended, and Contract No. C39690); •Existing Facility Use Agreement for lease of space within the Portola Community Center; •Existing agreement with the Family YMCA of the Desert for the management and staffing of the Palm Desert Aquatic Center (Contract No. C36620, as amended); •Existing City Resolutions 2015-34 and 2015-96, establishing a sports facilities use policy and authorizing modifications to the Facility Use Agreement for Youth Sports Organizations, respectively; and •Rules, regulations, and policies of the Desert Recreation District and the Family YMCA of the Desert. 129 Resolution No. 2023-070 Page 2 of 13 It also serves to create a consistent and uniform City policy directed to the prioritization of uses within certain spaces, including the restriction of some uses that would either interfere with the operation of the Palm Desert Civic Center or the simultaneous use and enjoyment of other outdoor spaces within the City’s parks. This policy clarifies those fees and charges that are due to reserve and use a space by each agency, as may be applicable, and establishes a procedure by which fee waivers may be requested for the waiver of City fees. This policy is intended to complement the existing polic ies adopted by the Desert Recreation District and the Family YMCA of the Desert and has been carefully reviewed to avoid any intentional conflict. Should conflict be identified in the future, the City reserves its ability to interpret this policy or to mak e amendments to it at a later date under the authority granted to the City Manager under the Palm Desert Municipal Code. II.SCOPE This policy and procedure addresses all indoor and outdoor spaces owned, operated, managed, and leased by the City of Palm Desert. III.DEFINITIONS A.“Amusement Activities” means rock walls, rollercoasters, funhouses, gaming trucks, laser tag, ice skating, or other rides or amenities. B.“City” means the City of Palm Desert, California. C.“Commercial Use” means any event organized and conducted by a person, organization or company that does not qualify as a tax -exempt, non-profit organization or governmental agency, and is not a youth recreation/sports league (Class IV). D.“Commercial Recreation League” means a recreation/sports league that does not qualify as a tax-exempt, non-profit organization or governmental agency, including organized adult leagues (Class III). E.“Community Use” means any event organized and conducted by a person, organization or company that qualifies as a tax-exempt, non-profit organization or governmental agency, and that is open to the public (Class II). F.“Community Recreation League” means a recreation/sports league that qualifies as a tax-exempt, non-profit organization or governmental agency (Class I). G.“Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity. 130 Resolution No. 2023-070 Page 3 of 13 H.Inflatables” means temporary air-filled play structures commonly known as bounce houses, jumpers, blow-up slides, etc., with or without water features. I.“League” means a group of sports teams or individual athletes that compete against each other in officiated games in a specific sport. J.“Open to the public” means any area on City property where the public is allowed to be present and may move unfettered. Areas that are open to the public include, but are not limited to, City parks, City parking lots, and any areas of City facilities that provide direct services to the public. K.“Private Use” means an event that is not open to the public. Private Use events include those organized by both residents and non -residents of Palm Desert. L.“Regional park” means a park that is 20 acres or larger in size. Up to 50 people may gather in regional parks without obtaining a permit. Group gatherings of 50 people or more are required to obtain a permit. IV.RESERVABLE AND OPEN USE SPACES AND FACILITIES Reservable spaces within the City are limited. Due to this limitation, there is a potential that not all requests for reservation will be granted. In the event tha t the City receives multiple applications for the use of the same facility on the same date, the application that was filed first shall receive priority. In addition, should an organization successfully make a reservation, this does not guarantee availability for future use. Special event requests that also encompass areas outside of the City parks or facilities are subject to approval of a separate Special Events Application. The following spaces are available for reservation and use within the City: A.Palm Desert Civic Center a.Civic Center Park Pavilions (5 pavilions) b.Ball fields and courts (4 baseball fields*, 6 tennis courts, 4 beach volleyball courts, 3 basketball courts) c.Civic Center Park Amphitheater d.Palm Desert Aquatic Center B.Palm Desert Community Center & Gymnasium (Gymnasium (basketball/volleyball/pickleball), 2 multipurpose rooms) C.Portola Community Center (2 Multipurpose rooms) – only Class I or Class II non-profit community groups based in the City of Palm Desert D.Freedom Park Baseball Fields* (3 baseball fields, 1 football field, 1 soccer field) E.Hovley Soccer Park Fields* (5 soccer fields) F.Palm Desert City Council Chambers – only Class II governmental organizations G.Other Parks & Open Spaces not listed above * Use of these spaces by Class I (Community Recreation Leagues) also may permit the use of the corresponding snack bar. The use of the snack bars is subject to approval by the Director of Public Works and contingent upon the user 131 Resolution No. 2023-070 Page 4 of 13 organization providing adequate maintenance and ca re of City property per the Facility Use Agreement. V.RESERVATION PROCESS A.Application and Fees Facility rentals for activities or events are required for groups gathering in a regional park with an anticipated attendance of 50 people or more. Applications must be completed and submitted to the organization contracted by the City for management of the facility. Additional fees apply for groups of over 100 people. Organizations requesting use of both City parks and areas within the public right-of-way are required to complete a Special Event Application. City facilities must be used for the purpose stated in the application, or the event/use is subject to cancellation without refund. Applications must be completed at least 30 days in advance for all reservations. For amphitheater rental, applications may be submitted up to 180 days in advance. For all sports fields and courts, applications may be submitted 120 days in advance for the season or year. Other facility rentals may also be submitted 120 days in advance of the event or use. The City reserves the right to refuse the use of any facility if the applicant fails to comply with the terms of this Policy, any applicable laws, rules, and regulations, or if the planned event is not an appropriate usage of the requested facility. Any infraction of the terms of this Policy, any applicable laws, rules, and regulations shall be cause for refusal of any further use of City facilities for a period of 3 years. B.Fees will be assessed based on the City of Palm Desert Master Fee Schedule (Attachment A). Fees are calculated based on the following Class system: •Class I: Community Recreation League •Class II: Community Use •Class III: Commercial Recreation League •Class IV: Commercial Use •Class V: Private Use Fees for the use of City facilities are set in Attachment A and Attachment B. Changes to the fee schedule for the use of reservable open spaces and City facilities may be initiated by the Public Works Director in coordination with the authorized facility management contractor. Fee changes shall be reviewed and ratified by the Parks and Recreation Commission prior to going into effect. In the event that the Parks and Recreation Commission objects to a fee change, the change shall be presented to the City Council for ratification. To the 132 Resolution No. 2023-070 Page 5 of 13 maximum extent possible, amendments to the fee schedule shall be timed with the City’s annual budgeting process. C.Insurance The City requires a minimum of $1M liability insurance policy with the City named as additional insured for certain uses. Based on the event type, this amount may be increased and/or the City may require additional insurance policies. Insurance is required for the following use types: •All Commercial events and uses (Class III and Class IV) •Events anticipating attendance of 50 people or more •All amphitheater rentals If inflatables or amusement activities are planned for any type of use, the inflatable company must provide a $1M liability policy with the City named as additional insured. D.Alcoholic Beverages a.Section 11.01.080 of the City of Palm Desert Municipal Code prohibits bringing into, consuming or having in their possession in any park an alcoholic beverage as defined in Section 11.01.010, unless waived as provided by Section 9.58.040 of the Municipal Code. b.Section 9.58.040 allows the City Manager, or designee, or City Council to waive this provision in certain circumstances. The City Council may approve such a waiver if the facility use is associated with a community event that is open to the public and is receiving City funding. Examples of these include, but are not limited to, Concerts in the Park, the Wildflower Festival, and the Palm Desert Half Marathon. The City Manager may approve such a waiver if the facility use is associated with a community event that is open to the public but is not receiving City funding and no other waivers of the Municipal Code are needed. Requests for waiver must be received at least 30 days prior to the event. c.Waiver of this provision must ensure that all State and County guidelines and permits are obtained, and any conditions imposed on the applicant must be followed. d.A copy of all permits must be provided to the City prior to the facility use. E.Requests for Fee Waiver a.Waiver of fees administered by the City may be requested in writing to the Parks and Recreation division by emailing parks@cityofpalmdesert.org. 133 Resolution No. 2023-070 Page 6 of 13 b.Fee waivers must be requested at least 30 days prior to the event and will be considered and approved or denied by the City Manager. F.Requests for Park Use Waivers a.Section 11.04.050 of the City of Palm Desert Municipal Code restricts the issuance of permits for park use for certain situations. Waiver of any of these provisions may be requested in writing to the Parks and Recreation division by emailing parks@cityofpalmdesert.org. b.Park use waivers must be requested at least 30 days prior to the event and will be considered and approved or denied by the City Manager. G.Appeals a.In the event a Request for Fee Waiver or a Request for a Park Use Waiver is denied, an appeal may be requested to a Request for Fee Waiver or Request for Park Use Waiver decision by emailing parks@cityofpalmdesert.org. b.Appeals will be added to the next available City Council meeting agenda for consideration. 134 Resolution No. 2023-070 Attachment A – MASTER FEE SCHEDULE City of Palm Desert District Master Fee Schedule $20 administrative fee for all rentals Fee Description Class I Class II Class III Class IV Class V Cleaning Deposit 1 Pavilions* (50-100 people) N/A $115 $230 $230 $80 $100 *Residents of the City of Palm Desert are assessed an $80 fee for pavilion rental. Pavilions** (100 people or more) N/A $230 $460 $460 $160 $200 ** Residents of the City of Palm Desert are assessed an $160 fee for pavilion rental. 2 Amphitheater (50-100 people) N/A $230 $230 $230 $230 $2,500 Amphitheater (100 people or more) N/A $460 $460 $460 $460 $5,000 Cleaning deposit may be reduced based on event details. 3 Fields & Courts Baseball N/A $30/hour $20/hour $250 Soccer Basketball Tennis Pickleball (2 courts) Football Other (i.e. volleyball, horseshoes, petanque, etc.) 135 Resolution No. 2023-070 Full 8-hour day use N/A $150/day $150/day for field $75/day for courts 4 Lights N/A $30/hour $30/hour $30/hour $10/hour Full 8 hour day use N/A $150/day $150/day $150/day $150/day for field $75/day for courts 5 Palm Desert Community Center Monday through Thursday Gymnasium $70/hour $70/hour $140/hour $140/hour $70/hour $1,000 Multipurpose Room $45/hour $45/hour $90/hour $90/hour $45/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 Friday through Sunday Gymnasium $130/hour $130/hour $260/hour $260/hour $130/hour $1,000 Multipurpose Room $75/hour $75/hour $150/hour $150/hour $75/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 6 Portola Community Center Multipurpose Room N/A N/A N/A N/A N/A $275 (non profit/ community groups only) 136 Resolution No. 2023-070 City of Palm Desert Non-District Master Fee Schedule $20 administrative fee for all rentals Fee Description Class I Class II Class III Class IV Class V Cleaning Deposit 1 Pavilions (50-100 people) N/A $115 $230 $230 $130 $100 Pavilions (100 people or more) N/A $230 $460 $460 $260 $200 2 Amphitheater (50-100 people) N/A $230 $230 $230 $230 $2,500 Amphitheater (100 people or more) N/A $460 $460 $460 $460 $5,000 Cleaning deposit may be reduced based on event details. 3 Fields & Courts N/A Baseball N/A $30/hour $25/hour $250 Soccer Basketball Tennis Pickleball (2 courts) Football Other (i.e. volleyball, horseshoes, petanque, etc.) 137 Resolution No. 2023-070 Full 8-hour day use N/A $150/day $170/day for field $85/day for courts 4 Lights N/A $30/hour $30/hour $30/hour $20/hour Full 8 hour day use N/A $170/day $170/day $170/day $170/day for field $85/day for courts 5 Palm Desert Community Center Monday through Thursday Gymnasium $70/hour $70/hour $140/hour $140/hour $80/hour $1,000 Multipurpose Room $45/hour $45/hour $90/hour $90/hour $55/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 Friday through Sunday Gymnasium $130/hour $130/hour $260/hour $260/hour $150/hour $1,000 Multipurpose Room $75/hour $75/hour $150/hour $150/hour $85/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 6 Portola Community Center Multipurpose Room N/A N/A N/A N/A N/A $275 (non profit/ community groups only) 138 Resolution No. 2023-070 Attachment B – PALM DESERT AQUATIC CENTER FEE SCHEDULE City of Palm Desert Palm Desert Aquatic Center Fee Schedule Fee Description Resident Non-Resident 1 Admissions Adult (13-59) $4 $6 Youth/Senior (6-12 & 60+) $3 $4.50 Adult Punch Card 25 $94 $142 Youth/Senior Punch Card 25 $65 $98 Adult 3-Month Pass $150 $225 Youth/Senior 3-Month Pass $110 $165 Adult Annual Pass $550 $825 Youth/Senior Annual Pass $420 $630 2 Water Exercise One Class $6 $8 10 Punch Pass $60 $80 Monthly Pass $65 $85 3 Swim Lessons Group Lessons $63 $84 Recreational Swim Team $87 $116 Private/Semi-Private 30 min. $36 $48 Private/Semi-Private 1 hour $54 $72 Private/Semi-Private 30 min. 10 pack $324 $432 Private/Semi-Private 1 hour 10 pack $486 $648 4 Specialty Rates Full Facility Rental (2-hour minimum) $650/hour $800/hour Add’l lifeguards (as required by PDAC) $20/hour Multi-Use Room Rental $75/hour $150 security deposit Organization (Summer Camps) $3 per person School Field Trip $5 per child 139 140 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Daniel Mora, Senior Administrative Assistant Veronica Chavez, Director of Finance SUBJECT: AUTHORIZE OUT-OF-STATE TRAVEL FOR SENIOR ADMINISTRATIVE ASSISTANT AND HOUSING MANAGER TO ATTEND THE U.S. HOUSING AND COMMUNITY DEVELOPMENT CONFERENCE IN DALLAS, TEXAS RECOMMENDATION: Authorize out-of-state travel for the Senior Administrative Assistant and Housing Manager to attend the U.S. Housing and Community Development Conference on March 31 through April 3, 2025, in Dallas, Texas. BACKGROUND/ANALYSIS: On June 27, 2024, the City Council approved the out -of-state travel requests which did not include authorization of the Housing Division’s attendance at the U.S. Housing and Community Development Conference on March 31 through April 3, 2025, in Dallas, Texas. The City Council is requested to approve out-of-state travel for the Housing Division to attend the U.S. Housing and Community Development Conference. The U.S. Housing and Community Development Conference is a premier annual event that gathers housing professionals, community development experts, and municipal leaders nationwide to discuss trends, share best practices, and explore innovative solutions for affordable housing and community development challenges. The comprehensive conference includes workshops, networking opportunities, and strategies for improving affordable housing programs. The dissolution of Redevelopment and consequently the loss of dedicated 20% set-aside funding for affordable housing, created a gap between needs and resources, which requires innovative and creative solutions. The Conference sessions will not only showcase the challenges faced in affordable housing but also inspired solutions and partnerships that have led to successful project completions. With a primarily new housing team on staff, the comprehensive nature of this conference, which mixes private and public housing experts, provides an opportunity for staff to be exposed to new concepts and ideas, while gaining insight from diverse viewpoints. Previously this type of comprehensive training would have been provided by the now obsolete California Redevelopment Association and attended by staff annually. Legal Review: This report has been reviewed by the City Attorney’s Office. 141 City of Palm Desert (Authorize OOS Travel for Housing Conference)_____________________________________ Page 2 of 2 FINANCIAL IMPACT: The estimated cost for the conference, airfare, lodging, per diem meals, and transportation from the airport to the hotel and back is $5,000. However, two conference registrations may be eligible for reimbursement through a scholarship program offered by the conference organizers, potentially reducing the total cost to $3,810. Funds are available in the FY 2024 -25 budget in Account Number 8704195-4312000. 142 ' HOME PROGRAM SPEAKERS WHO ATTENDS PARTICIPATE ABOl/T REG ISTRATION 'g ---- APRIL 1·2, 202S I SHERATON DALLAS HOTEL 2025 PROGRAM OVERVIEW Engage in insightful panel discussions, intimate roundtable dialogues, and interactive Q&A sessions with the nation 's foremost housing and community development experts. These industry leaders w ill unpack comple x challenges, spotlight groundbreaking projects nationwide, and share their experiences from project inception to completion. Our program emphasizes partnerships be tween state, local, and private sectors, as well as non-profit champions. W e spotlight in ventive strategies in development and financing aimed at prese rving and broadening access to affordable, attainable, workforce, and off-campus residences. Join us for unmatched growth opportunities, ne tworking potential, and a rich exchange of knowledge. FOCUS, TRACKS, & THEMES Affordable Housing Workforce Housing Attainable Housing Homelessness Housi ng 143 LEARNING FORMAT & NETWORKING ACTIVITIES Keynote A ddresse s Renowned industry leaders will share key success factors that go into delivering high quality attainable and workforce housing. Project Fo ru m Public representatives from across the country come together at the conference to share their development visions and connect with future development partners. DISCUSSION TOPICS • Procurement Preparation and Go-To-Market Strategies • Early-Stage Project Development Considerations • Local Procurement Considerations • Stakeholder Risk and Incentive Alignment • Internal Governance for Planning, Procurement, and Politics Oversight • Effective Leade rship for Advancing Housing Projects • A Guide to Developing a Community Outreach Plan • Ensuring Value for Money: Building Agency Confidence in Procurement • Impact of Local Socio-Economic En \t'ironment on Housing Project Decisions • Early Stakeholder Involvement for Successful Community Engagement in Public Planning • Policy Changes: Hot Topics and the Latest Developments in Housing Policy Educational Sess ion s The 4 0~ sessions offered at the conference gives you the opportunity to delve deep into key topics. You 'll find fresh perspectives and actionable insights to inform your decision-making. N etworking Events Daily receptions and networking bre.aks bring you together w ith distinguished professionals from across the industry, Make connections that w ill help you set. your sights on new horizons. • Filling the Gap ; Mezz Debt and Preferred Equity • Beyond UHTC; exploring 501 c3 bond strategies. • Unlocking the Potential of Federa l, State, and local Programs • Analyzing the Impact of Financing Structures on Projects and Sponsors • Evaluating Project Impact on Public Entity Credit Ratings • Evaluating Funding Sources: Best Practices and Considerations • Unveiling Non-Traditional Subsidies: A Closer look • Exploring Alternative Project Delivery Approaches • Determining the Optimal Delivery Model: Agency Actions for Community Needs • Analyzing Ris k Allocation be tween Public and Private Partners Ro undt able D iscuss i ons Peer to peer learning through real-lifre case studies and best practices to help housing officers maximize project success that meets the long term needs of its communities. Ex hib it Hall Featuring the latest technology and solutions, th.e exhibit hall provides valuable opportunities to explore new partnerships to further y our agencies mission and conduct business w ith the exhibiting COJllQ_ani.e.s~- • Building Success From Pre Construction to Post-Project Actions • Navigating Pre-Construction Early -Stage Considerations • Design Tools for Seamless Communi ty Integration • Illustrating How Sustainability Integration Enhances Public Benefit Promotion • El<ploring Risk Management in Construction and Design Teams During the Building Process • Performance Measurement in Agencies: Evaluating Success and Impact • Unpacking the Challenges of Contract Management • Extracting Insights from Recent Projects • Post-Project Completion Actions and Considerations 144 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Austin Yaple, Accounting Manager Veronica Chavez, Director of Finance SUBJECT: RECEIVE AND FILE THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON PROCEDURES PERFORMED ON THE MEASURE A TRANSPORTATION FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2024 RECOMMENDATION: Receive and file the Independent Accountants’ Report on Agreed -Upon Procedures Performed on the Measure A Transportation Fund for the fiscal year ended June 30, 202 4. BACKGROUND/ANALYSIS: The Measure A fund is a special revenue fund created to track funds received by the Riverside County Transportation Commission. In 1988, Riverside County vo ters approved a half-cent sales tax, known as Measure A, to fund various highway improvements, local streets and roads maintenance, commuter assistance, and specialized transit projects. Conrad LLP performed the procedures that were agreed to by the Rive rside County Transportation Commission, Riverside, California (RCTC) solely to assist RCTC with respect to an evaluation of the City of Palm Desert’s Measure A Transportation Fund and degree of the City’s compliance with RCTC requirements for the year ended June 30, 2024. The agreed-upon procedures report issued by Conrad LLP found the City in compliance with its Maintenance of Effort (MOE) requirements but noted an accumulated excess fund balance of $10.4 million from prior-year revenues. The City has budgeted $14.5 million in Measure A expenditures in Fiscal Year 2024-25, which are anticipated to deplete the $10.4 million excess. Staff requests that the City Council receive and file the Report on Agreed -Upon Procedures Performed on the Measure A Transportation Fund for the fiscal year ending June 30, 2024. Legal Review: This report has been reviewed by the City Attorney’s Office FINANCIAL IMPACT: There is no fiscal impact associated with this action. ATTACHMENT: 1. Independent Accountant’s Report on Applying Agreed-Upon Procedures 145 146 CITY OF PALM DESERT, CALIFORNIA Report on Agreed-Upon Procedures Applied to Measure A – Local Streets and Roads Fiscal Year Ended June 30, 2024 147 __________________________________________________________________________________________________________________________________________________________________________________ 23161 Lake Center Drive, Suite 200, Lake Forest, CA 92630 ■ T: (949) 552-7700 ■ www.conradllp.com 1 Independent Accountant’s Report On Applying Agreed-Upon Procedures The Board of Commissioners Riverside County Transportation Commission Riverside, California We have performed the procedures enumerated below on Measure A - Local Streets and Roads Program of the City of Palm Desert, California (“City”) as of and for the year ended June 30, 2024. Riverside County Transportation Commission (“RCTC”) has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose on whether the City was in compliance with the Measure A - Local Streets and Roads Program grant terms and conditions for the year ended June 30, 2024. Additionally, RCTC and the City have agreed to and acknowledged that the procedures performed are appropriate for their purposes. This report may not be suitable for any other purpose. The procedures performed may not address all of the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. The procedures and related findings are as follows: 1. Obtain the 2009 Measure A (“Ordinance 02-001”) compliance requirements. Western County jurisdictions are required to participate in the Transportation Uniform Mitigation Fee (“TUMF”) program and in the Multiple Species Habitat Conservation Plan (“MSHCP”) which are administered by the Western Riverside Council of Governments (“WRCOG”) and the Western Riverside County Regional Conservation Authority (“RCA”), respectively. Coachella Valley jurisdictions are required to participate in the TUMF program administered by the Coachella Valley Association of Governments (“CVAG”). Indicate participation in TUMF and/or MSHCP programs. Finding: No exceptions were noted as a result of applying this procedure. The City participates in the TUMF program administered by CVAG. 2. Obtain the City’s approved 5-Year Capital Improvement Plan (“CIP”) from RCTC for the fiscal year ended June 30, 2024. Finding: No exceptions were noted as a result of applying this procedure. 3. Obtain a detailed general ledger and balance sheet from the City for the fiscal year ended June 30, 2024. a. Identify the amount of Measure A cash and investments recorded at June 30, 2024. Compare amount to Measure A fund balance and provide an explanation for any difference greater than 25% fund balance. 148 Board of Commissioners Riverside County Transportation Commission Riverside, California 2 Finding: Measure A cash and investments were $23,344,068 at June 30, 2024. The difference between Measure A cash and investments of $23,344,068 and fund balance of $23,386,003 is $41,935 or 0.2% of the fund balance. b. Identify amounts due from other funds. Finding: There were no amounts due from other funds at June 30, 2024. c. Identify the components of ending fund balance for Measure A activity. Finding: Ending fund balance for Measure A activity was restricted in the amount of $23,386,003 at June 30, 2024. i. Identify the existence of any restatement of Measure A fund balance and inquire of management as to the reason for any restatement. Finding: We noted no restatement of Measure A fund balance at June 30, 2023. ii. Compare ending fund balance to total revenues for the current year and prior two years. If ending fund balance is greater than sum of total revenues for the three- year period, inquire of management as to the reason(s) for the accumulation of fund balance. Finding: We noted that the City’s ending fund balance was greater than the cumulative total revenues for the 3-year period as illustrated below. Revenue for year ended June 30, 2024 $ 4,816,963 Revenue for year ended June 30, 2023 4,398,556 Revenue for year ended June 30, 2022 3,744,760 Total Revenue for the 3-year period $ 12,960,279 Fund balance for year ended June 30, 2024 $ 23,386,003 The City management stated that the accumulation of funds will be depleted based on the city adopting an aggressive 5-year CIP plan that anticipates spending the majority of the accumulated Measure A funds by FY 2027/28. The City has also recently established a Capital Projects Department which has been tasked with the completion of several projects. 149 Board of Commissioners Riverside County Transportation Commission Riverside, California 3 The City’s plan to use the fund balance of $23,386,003 in the next year is illustrated below. Estimated Measure A Allocation Estimated Measure A Expenditure Ending Fund Balance Fund balance at 6/30/2024 $ - $ - $ 23,386,003 5-year CIP for 2024/25 3,508,000 23,657,964 3,236,039 5-year CIP for 2025/26 3,578,000 3,700,000 3,114,039 5-year CIP for 2026/27 3,650,000 3,600,000 3,164,039 5-year CIP for 2027/28 3,723,000 3,700,000 3,187,039 5-year CIP for 2028/29 $ 3,797,000 $ 3,700,000 $ 3,284,039 Based on the approved 5-year CIP for FY 2023/24, the City estimated current year expenditures to be $16,740,879. However, the current year actual expenditure was $3,029,345, which resulted in a shortfall of estimated expenditures of $13,711,534. The estimated unspent expenditure of $13,711,534 is primarily due to industry delays for construction projects due to materials and labor availability, resulting in some of the anticipated Measure A spending delays. 4. Obtain an operating statement for Measure A activity for the fiscal year ended June 30, 2024 (see Exhibit A), including budget amounts. a. Review the revenues in the operating statement. i. Inquire of management as to what fund was used to record Measure A revenues received from RCTC and document total revenues for the fiscal year ended June 30, 2024. Finding: The City accounts for Measure A revenues in its Measure A Fund (“Fund #213”). The City recorded total revenues in the amount of $4,816,963 for the fiscal year ended June 30, 2024. ii. Obtain a listing of Measure A payments made from RCTC to the City. Compare the Measure A revenues recorded by the City to the listing of payments made by RCTC. Finding: We identified no variances. The Measure A revenue recorded by the City and RCTC Measure A payment schedule was $3,469,376 for the fiscal year ended June 30, 2024. iii. Determine the amount of interest allocated to Measure A activity for the fiscal year ended June 30, 2024. Finding: The City allocated interest in the amount of $1,226,499 to the Measure A activity for the fiscal year ended June 30, 2024. Allocated interest income of 150 Board of Commissioners Riverside County Transportation Commission Riverside, California 4 $1,226,499 is made up of interest income of $1,030,678 and Government Accounting Standard Board (“GASB”) 31 fair market value adjustment of $195,821. b. Review the expenditures in the operating statement. i. Inquire of management as to what fund is used to record Measure A expenditures and document total expenditures for the fiscal year ended June 30, 2024. Finding: The City accounts for Measure A expenditures in its Measure A Fund (“Fund #213”). The City recorded total expenditures in the amount of $3,029,345 for the fiscal year ended June 30, 2024. ii. Select expenditures for testing that comprise at least 20% of total Measure A expenditures. Finding: The City recorded Measure A expenditures in the amount of $3,029,345. We selected $743,504 or 25% for testing. 1. For the expenditures selected for testing, compare the dollar amount recorded in the general ledger to the supporting documentation. Finding: No exceptions were noted as a result of applying this procedure. 2. For the expenditures selected for testing, review the 5-Year CIP and note whether the projects claimed were included in the 5-Year CIP and whether they constitute allowable costs. Finding: Expenditures selected for testing were included in the 5-Year CIP and were allowable costs. No exceptions were noted as a result of applying this procedure. iii. Inquire of management as to the nature of any transfers (in and out) recorded in the Measure A Fund. For any transfers out, determine if nature of transfer out was included in the 5-Year CIP. Finding: There were no transfers recorded in the Measure A Fund that were noted as a result of applying this procedure. iv. Inquire of management as to the amount of general or non-project-related costs, if any, included in expenditures. If indirect costs exceed 8% of Measure A revenue, inquire of management as to the basis for indirect costs charged to Measure A. If indirect costs are identified, determine if such costs are included in the 5-Year CIP. Finding: Per discussion with management, there were no indirect costs recorded for the fiscal year ended June 30, 2024. v. Inquire of management as to the amount of debt service expenditures recorded in the Measure A fund and determine if such costs are included in the 5-Year CIP. 151 Board of Commissioners Riverside County Transportation Commission Riverside, California 5 Finding: There were no debt service expenditures recorded in the Measure A Fund that were noted as a result of applying this procedure. 1. Compare the debt service expenditures to prior year amount. If debt service expenditures have increased or decreased at least 25%, inquire of management as to the reason for the change in debt service expenditures. Finding: There were no debt service expenditures recorded in the Measure A Fund that were noted as a result of applying this procedure. 5. Obtain from RCTC a listing of jurisdictions that participate in the Western County or Coachella Valley TUMF programs. a. If the jurisdiction is a participant in the TUMF program, select at least one disbursement for validation as to the amount remitted to WRCOG or CVAG, as applicable. Finding: We selected one disbursement of $105,594 for validation. The payment selected for testing indicated that the TUMF is collected and remitted to CVAG as required. b. Indicate the total amount of TUMF fees collected and remitted during the fiscal year ended June 30, 2024. Finding: The total amount of TUMF collected and remitted during fiscal year ended June 30, 2024, were $466,498 and $828,984, respectively. The difference of $362,486 is illustrated below. Collected Remitted Total TUMF recorded for FY 2024 $ 466,498 $ 828,984 June 2023 TUMF remitted in July 2023 - (372,090) May 2024 TUMF remitted in July 2024 - 9,604 TUMF reconciled $ 466,498 $ 466,498 The $362,486 variance between TUMF collected and remitted was due to the City remitting June 2023 TUMF payment of $372,090 to CVAG in July 2023 and the City remitting May 2024 TUMF payment of $9,604 to CVAG in July 2024. 6. Obtain from RCTC a listing of jurisdictions that participate in the Western County MSHCP program. a. If the jurisdiction is a participant in the Western County MSHCP program, select at least one disbursement for validation as to the amount remitted to RCA. Finding: The City is not a participant in the Western County MSHCP program. 152 Board of Commissioners Riverside County Transportation Commission Riverside, California 6 b. Inquire of management as to the existence of any fees collected in prior years that were not remitted to RCA by the end of this fiscal year. Finding: The City is not a participant in the Western County MSHCP program. c. Indicate the total amount of Western County MSHCP fees collected and remitted during the fiscal year. Finding: The City is not a participant in the Western County MSHCP program. 7. Obtain from RCTC the Maintenance of Effort (“MOE”) base year requirement, including its supporting detail calculations for the City, and the carryover amount allowed as of the beginning of the fiscal year. a. Obtain from the City a calculation of its current year MOE amount in a format similar to its base year calculation. See Exhibit B. Finding: No exceptions were noted as a result of applying this procedure. b. Compare the current year MOE amounts from the General Fund to the general ledger. Finding: No exceptions were noted as a result of applying this procedure. c. Scan the General Fund general ledger to determine if there were any transfers in to fund any MOE amounts. Finding: No transfers in were noted as a result of applying this procedure. d. Compare the amount of current year MOE expenditures to the MOE base requirement and add any excess to, or subtract any deficiency from, the carryover amount. Finding: We noted that current year MOE expenditures of $5,459,746 were greater than the MOE base requirement of $2,398,146 resulting in an excess of $3,061,600 for fiscal year ended June 30, 2024. e. If the amount of discretionary funds spent is less than the MOE base requirement (“MOE deficiency”), determine the amount of any prior year MOE carryover using the information obtained from RCTC and reduce the MOE deficiency by any available MOE carryover to determine an adjusted current year expenditure amount. Finding: No exceptions were noted as a result of applying this procedure. The City’s discretionary funds spent in the fiscal year ended June 30, 2024, exceeded the MOE base year requirement. 153 Board of Commissioners Riverside County Transportation Commission Riverside, California 7 The City’s MOE carryover at June 30, 2024 is calculated as follows: MOE excess at July 1, 2023 $ 18,157,121 Current year MOE expenditures 5,459,746 Less: MOE base requirement (2,398,146) Excess MOE for fiscal year ended June 30, 2024 3,061,600 MOE excess at June 30, 2024 $ 21,218,721 We were engaged by RCTC to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not, conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively on the Measure A - Local Streets and Roads Program compliance. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of RCTC and the City to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement. This report is intended solely for the information and use of the Board of Commissioners and management of RCTC and the City Council and management of the City of Palm Desert and is not intended to be, and should not be, used by anyone other than these specified parties. Lake Forest, California November 1, 2024 154 EXHIBIT A Variance From Final Budget Favorable Budget Actual (Unfavorable) Revenues: Measure A 3,263,000$ 3,469,376$ 206,376$ Reimbursements from other agencies 1,663,000 121,088 (1,541,912) Interest income 100,000 1,226,499 1,126,499 Total revenues 5,026,000 4,816,963 (209,037) Expenditures: Construction and maintenance 14,159,925 3,029,345 11,130,580 Total expenditures 14,159,925 3,029,345 11,130,580 Excess/(deficiency) of revenues over/(under) expenditures (9,133,925)$ 1,787,618$ 10,921,543$ CITY OF PALM DESERT, CALIFORNIA Measure A Operating Statement Fiscal Year Ended June 30, 2024 (Unaudited) 8 155 CITY OF PALM DESERT, CALIFORNIA Measure A MOE Calculation For the Fiscal Year Ended June 30, 2024 (Unaudited) EXHIBIT B FY 2023/24 Construction and Maintenance Expenditures Report as of June 30, 2024 (Round to nearest dollar) Project Expenditures Included in General Ledger Total Cost General Fund Meas A Federal State City Funds Special Revenue Other Construction: 4250 - Haystack @ Hwy 74 (CST00003)12,615$ -$ 12,615$ -$ -$ -$ -$ 4256 - Underground Utilities - Neighborhood (P830-15)801 801 4300 - Safe Routes to School Plan (MST00003)190,427 190,427 4317 - Road Safety Improvements (CTS00004, CTS00005)102,878 102,878 4327 - Haystack Improvements (CST00006)67,081 67,081 4385 - Cook Street Improvements (CTS00001)75,425 75,425 4385 - Vitalia Improvements (CTS00002)51,323 51,323 4565 - Traffic Calming Program (CST00004)139,098 139,098 4565 - Haystack Traffic Calming (CST00005)5,552 5,552 4633 - Bikeway & Pedestrian Improvements (CST00002)360,544 360,544 4633 - Bike Roadway Improvements (MST00004)1,334 1,334 4670 - CV Link (CST00005, CST00021)505,034 138,853 5,910 360,271 4679 - El Paseo Roadway Improvements 536 536 Maintenance: 4250 - Traffic Signal Maintenance 1,370,909 1,370,909 4250 - Traffic Operations & Capacity Imp (P553-20) (MST00001)315,596 315,596 4250 - Traffic Signal Hardware Upgrade Program (569-XX) (MTS00001)1,031,634 1,031,634 4330 - Corporation Yard Facility 196,727 196,727 4310 - Street Maintenance 2,347,262 2,347,262 4311 - Street Resurfacing (CST00021, CST00024)3,791,877 153,446 3,638,431 4314 - Drainage Maintenance (P501-XX, P502-XX, P509-XX)171,135 171,135 4359 - Bridge Maintenance Program (P759-20) (MFA00007)383,003 383,003 4370 - Drainage (CDR00004)289,332 147,723 141,609 4396 - Drainage Maintenance 76,124 76,124 4614 - Median Landscape Maintenance 1,468,724 1,468,724 Expenditure Totals 14,852,259$ 7,357,034$ 3,029,345$ -$ -$ 3,963,199$ 502,681$ Total Project Cost General Fund Construction:-$ -$ Maintenance: Deduct Totals 1,897,288$ 1,897,288$ Total GF Expenditures 7,357,034$ Minus Deductions 1,897,288 MOE Current Year 5,459,746 MOE Base Year Requirement (2,398,146) MOE Excess For Fiscal Year Ended June 30, 2024 3,061,600$ Funding Breakdown Engineering/Administrative Overhead Not Allocated to Specific Projects:1,897,288 1,897,288 Engineering/Administrative Overhead Not Allocated to Specific Projects:1,897,288 1,897,288 Deductions for Special Consideration (Deductions Must Also Be Included in Project Expenditures Above): State Reason Why Project Expenditure Should Be Deducted from MOE 9 156 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Neal Ennis, Project Manager SUBJECT: ACCEPT CONTRACT NO. C43350 AS COMPLETE FOR PROJECT NO. CST00003 – FRED WARING DRIVE AT MONTEREY AVENUE AND HAYSTACK ROAD AT HWY 74 INTERSECTION MODIFICATIONS RECOMMENDATION: 1. Accept Contract No. C43350 with Crosstown Electrical & Data, Inc. of Irwindale, California, for the Fred Waring Drive at Monterey Avenue and Haystack Road at Hwy 74 Intersection Modifications as complete 2. Authorize the Mayor to execute and City Clerk to file the Notice of Completion (Project No. CST00003). BACKGROUND/ANALYSIS: The residents of the Haystack Road neighborhood contacted the Ci ty requesting pedestrian improvements at the intersection of Haystack Road and Highway 74. The location had sidewalk on the north and south side of the intersection but there was no ADA compliant crosswalk to connect the pedestrian facilities. The City Council directed the City Manager to add a project to the Capital Improvement Project list. The work required a realignment of the intersection with traffic signal modifications. At the same time, a project to construct a north bound dedicated right turn pocket and traffic signal modifications at the intersection of Fred Waring Drive and Monterey Avenue was under design. The two projects had similar scopes of work, so to gain economies of scale the projects were combined and bid for construction together. On June 23, 2022, The City Council awarded the subject contract in the amount of $213,483 to Crosstown Electrical & Data Inc. for the Fred Waring Drive at Monterey Avenue and Haystack Road at Hwy 74 Intersection Modifications. Staff has inspected the work performed by the contractor and has found said work to be complete in accordance with the contract requirements. 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. Notice of Completion 2. Vicinity Map 157 158 C:\Program Files\eSCRIBE\TEMP\11255591922\11255591922,,,01 Notice of Completion.docx To be recorded with the Riverside County Recorder on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. APN 000-000-000 R/W NOTICE OF COMPLETION (Cal. Civ. Code § 9200 et seq. – Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE. 4. That on the 5th day of November 2024, a work of improvement described as the Fred Waring Drive at Monterey Avenue and Haystack Road at Hwy 74 Intersection Modifications, Project No. CST00003, Contract No. C43350, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: Crosstown Electrical & Data, Inc., 5454 Diaz St., Irwindale, California, 91706. 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as 47481 Highway 74 and 44060 Monterey Avenue, Palm Desert, CA 92260. CITY OF PALM DESERT A MUNICIPAL CORPORATION Date: By: Jan C. Harnik, City Mayor When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 VERIFICATION STATE OF CALIFORNIA } } ss COUNTY OF RIVERSIDE } On , 2025, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Jan C. Harnik, City Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the same. ______________________ Anthony J. Mejia, City Clerk Rev. February 2024 159 160 161 162 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Thomas Soule, Public Affairs Manager Veronica Chavez, Director of Finance Sarah Castro, Accounting Tech I SUBJECT: APPROVAL OF CONTRACT NO C47980H-1A AN AGREEMENT BETWEEN THE LIVING DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF COSTS ASSOCIATED WITH THE EXPANSION OF EDUCATION PROGRAMS AND REPLACE CONTRACT NO. C47980H-1 RECOMMENDATION: 1. Approve Contract No. C47980H-1A, an agreement between the Living Desert Zoo and Gardens and the City of Palm Desert relative to funding the expansion of education programs at the Living Desert and replace contract No. C47980H-1 in its entirety. 2. Authorize the City Attorney to make any necessary non-monetary changes and/or amendments to the agreement. 3. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action. BACKGROUND/ANALYSIS: The Living Desert, a renowned nonprofit organization, has been dedicated to preserving and conserving desert ecosystems and their inhabitants for over five decades. As the leading attraction in the Coachella Valley, draws over 600,000 visitors annually from acros s the region and beyond. This influx of tourists stimulates the local economy, benefiting nearby businesses such as hotels, restaurants, and shops while also creating jobs. As a global leader in conservation, education, and community engagement, it offer s a variety of programs, interactive exhibits, and an educational speaker series for visitors of all ages. Accredited by the Association of Zoos and Aquariums (AZA) since 1983, The Living Desert upholds the highest standards of animal care, education, conservation, and public service. Its initiatives include conservation research, habitat protection, breeding programs, and education efforts at both local and global levels. On June 27, 2024, the City Council approved Outside Agency Funding in the amount of $1,250,000 for The Living Desert. The terms included five annual payments of $250,000 to support the expansion of its education programs to better serve Palm Desert’s residents and visitors. In return, the Living Desert will meet specific programmatic requirements outlined in Exhibit “B” of the funding agreement. Staff has worked with the Living Desert to define the program requirements and formalize the City’s support. 163 City of Palm Desert Living Desert Funding Agreement Page 2 of 2 Approval of this agreement not only strengthens tourism by leveraging marketing opportu nities for both The Living Desert and the Palm Desert brand but also benefits residents and the community through enhanced educational opportunities, economic growth, community engagement, and cultural enrichment. This agreement represents a collaborative effort to meet the Living Desert's needs as an economic driver in the community, while enhancing Palm Desert's name recognition. The funding agreement provides the City of Palm Desert with prominent recognition as a major supporter of The Living Desert, including annual and permanent donor acknowledgment in digital displays, signage, events, and promotional materials, as well as event naming rights as a presenting sponsor for "Glow in the Park 2025." Thereafter, Palm Desert Night at WildLights offers the community 500 complimentary tickets annually through 2028, allowing residents to experience this celebrated event at no cost. This initiative fosters local engagement and highlights the City’s commitment to enhancing community access to cultural and recrea tional opportunities. Staff recommends approval of the funding agreement between The Living Desert and the City of Palm Desert. Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: Approval of the Funding Agreement with the Living Desert supports the Tourism and Marketing Priority 4 by utilizing opportunities to partner with existing agencies to promote the Palm Desert brand by participating in a wide range of nature -based programming for the benefit of the community. FINANCIAL IMPACT: The full amount of $1,250,000 will be funded over a five-year period. The first $250,000 has been included in the FY 2024-25 Outside Agency Budget in Account No. 1104800-4389800. Upon execution of the agreement, the first payment of $250,000 will be due and payable to the Living Desert and the remaining four (4) payments due on the annual anniversary date, subject to budget approval. This agreement would remain in effect through June 30, 2029. ATTACHMENT: 1. Contract No. C47980H-1A 164 Contract No.__________ Page 1 of 5 AGREEMENT BETWEEN THE LIVING DESERT ZOO & GARDENS AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF COSTS ASSOCIATED WITH THE EXPANSION OF EDUCATION PROGRAMS THIS AGREEMENT (the “Agreement”) is entered into effective on January 9, 2025, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and The Living Desert, a California corporation, (“THE LIVING DESERT”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, THE LIVING DESERT ZOO & GARDENS owns and operated is one of six accredited private zoos in the United States and operates as a non-profit with a mission to desert conservation through preservation, education, and appreciation. Being they reside within the CITY, they provide an enormous benefit to the residents and visitors of the CITY; and WHEREAS, the CITY, and the CITY acting as the Palm Desert Redevelopment Agency, has contributed more than 3.7 Million THE LIVING DESERT ZOO & GARDENS since 1992. WHEREAS, CITY and THE LIVING DESERT ZOO & GARDENS desire to improve promotion of conservation through preservation, education, and appreciation by providing stable funding for programing for the benefit of the community. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. THE LIVING DESERT ZOO & GARDENS will continue to make vital contributions to the quality of life in Palm Desert for the City’s residents and visitors through the ongoing provision of outstanding programs, amenities, and attractions that celebrate and educate the public. 2. CITY’S Responsibilities. The CITY commits to provide one million two hundred and fifty thousand dollars ($1,250,000) in five (5) annual installments of two hundred and fifty thousand dollars ($250,000) each, the first due and payable upon the mutual execution of this agreement, and the remaining four annual installments due on the annual anniversary dates hereof, provided however, that the city council appropriates annually sufficient funds to pay the installment. The Payment Structure is attached hereto and incorporated herewith in Exhibit “A” to this Agreement. 3. THE LIVING DESERT ZOO & GARDENS’S Responsibilities. In recognition of the CITY’s funding commitment in the amount of one million two hundred and fifty thousand dollars, THE LIVING DESERT ZOO & GARDENS will provide certain Programmatic Requirements as detailed in Exhibit “B” attached hereto and incorporated herewith. 165 Contract No.__________ Page 2 of 5 4. Term. This Agreement shall be effective as of July 1, 2024, and continue in effect until June 30, 2029, unless sooner terminated in accordance with the termination provisions set forth hereinafter. 5. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2029, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 6. Relationship of Parties. It is understood that the contractual relationship of the THE LIVING DESERT ZOO & GARDENS to the CITY is that of Independent Contractor; THE LIVING DESERT ZOO & GARDENS is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which THE LIVING DESERT ZOO & GARDENS constructs the facilities, but THE LIVING DESERT ZOO & GARDENS shall be responsible for the completion of the project. The means by which THE LIVING DESERT ZOO & GARDENS constructs the facilities specified hereunder shall be determined solely by THE LIVING DESERT ZOO & GARDENS. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of THE LIVING DESERT ZOO & GARDENS may work, who shall be employed by THE LIVING DESERT ZOO & GARDENS or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by THE LIVING DESERT ZOO & GARDENS. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by THE LIVING DESERT ZOO & GARDENS. 7. Assignment. This Agreement shall not be assigned or duties hereunder delegated by THE LIVING DESERT ZOO & GARDENS without the written consent of the CITY. 8. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 9. Indemnification. THE LIVING DESERT ZOO & GARDENS shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to THE LIVING DESERT ZOO & GARDENS of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. 166 Contract No.__________ Page 3 of 5 10. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and THE LIVING DESERT ZOO & GARDENS as follows: Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective authorized officers, effective as of January 9, 2025, City of Palm Desert Attn: L. Todd Hileman City Manager 73-510 Fred Waring Drive Palm Desert, CA 92260 The Living Desert Zoo & Gardens Attn: Allen Monroe President and CEO 47900 Portola Avenue Palm Desert, CA 92260 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 LIVING DESERT ZOO & GARDENS By: Allen Monroe President and CEO City Clerk QC: _____ Contracts QC: _____ 167 Contract No.__________ Page 4 of 5 EXHIBIT “A” PAYMENT STRUCTURE City shall pay to the recipient progress payments on the following dates, upon satisfaction of requirements referenced in Exhibit B, the following stated amounts for a cumulative total, not to exceed $1,250,000: • Upon final execution of document $250,000 • On the first anniversary of execution date $250,000 • On the second anniversary of execution date $250,000 • On the third anniversary of execution date $250,000 • On the fourth anniversary of execution date $250,000 The foregoing shall be the only payments made to the recipient during the entire term of this agreement. 168 Contract No.__________ Page 5 of 5 EXHIBIT “B” PROGRAMMATIC REQUIREMENTS In recognition of the CITY’s funding commitment in the amount one million two hundred and fifty thousand dollars, THE LIVING DESERT ZOO & GARDENS will: 1. The City’s contributions will also be acknowledged annually in The Living Desert’s Honor Roll of Donors, which will be displayed digitally in the new welcome plaza and in signage in the Chase Administration Building. The City’s contributions through this agreement will be combined with its previous support of The Living Desert so that the City’s cumulative support can be recognized permanently. Cumulative and annual giving are acknowledged each year at special donor events, on signage, and in publications. The City of Palm Desert will receive significant attention, commensurate with the increasing amount of its cumulative support and the location of Palm Desert must be included when promoting the park. 2. Glow in the Park 2025 would be referred to as Glow in the Park presented by The City of Palm Desert at The Living Desert Zoo and Gardens. This would be a nonexclusive sponsorship with event naming rights as presenting sponsor. o Inclusion in select event advertising, which may include select print, outdoor, digital, radio and/or broadcast o Public Relations, which may include press releases and other tactics o Name included on The Living Desert’s Facebook Event details o Name/logo on event program and digital screens o Name/logo on printed signs o Name/logo on website event page o Option to purchase bulk tickets at member rate 3. Palm Desert Night at WildLights at The Living Desert Zoo and Gardens. The Living Desert will provide: 500 tickets per year in 2025, 2026, 2027, and 2028 for Palm Desert Night at WildLights. The tickets will be good only for Palm Desert Night at WildLights and are non-transferable. Palm Desert Night will be held on a scheduled WildLights night and will not be exclusive to the City of Palm Desert but will be promoted as Palm Desert Night. Council member/s and/or Mayor are welcome to conduct a proclamation before the event open. 169 170 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Daniel Hurtado, Public Safety Analyst Chris Escobedo, Assistant City Manager SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE RECOMMENDATION: 1. Approve Amendment No. 1 to the Law Enforcement Services Agreement between the City of Palm Desert and the County of Riverside to reflect the addition of six sworn officers in two phases, consistent with the City Council-approved Measure G - Five-Year Spending Plan. 2. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement. 3. Authorize the City Manager to execute the Agreement and any documents necessary to effectuate and implement actions taken herewith BACKGROUND/ANALYSIS: The City of Palm Desert contracts exclusively with the Riverside County Sheriff's Department to provide municipal police protection within the corporate limits of the City. The Sheriff's Department serves as the sole provider of general and specialized law enforcement services, ensuring public safety, crime prevention, and emergency response across the community. This long-standing partnership allows the City to benefit from the expertise, resources, and specialized units of the Sheriff’s Department while maintaining a high standa rd of public safety tailored to the City’s needs. On August 24, 2023, the City Council approved an Agreement for Law Enforcement Services between the City of Palm Desert and the County of Riverside, Riverside County Sheriff’s Department for a three-year term from July 1, 2024, through June 30, 2027. On June 13, 2024, the Palm Desert City Council approved placing Measure G, a one -cent sales tax, on the November 5, 2024, ballot. Measure G was subsequently approved. To ensure the transparent and strategic use of Measure G funds, the City Council adopted a Five-Year Spending Plan during its November 14, 2024, meeting. The Spending Plan prioritizes critical public safety investments, including the phased addition of six sworn officers under the City’s Law Enforcement Agreement with the Riverside County Sheriff's Department. The table below details the number of contracted officers from FY 2019/20 to FY 2025/26, highlighting key staffing changes over this period. In FY 2019/20, daily patrol hours were reduced from 171.4 to 144 hours, accompanied by a corresponding reduction in personnel. Over the following years, the City implemented incremental adjustments, including the introduction of an 171 City of Palm Desert Amendment to Law Enforcement Services Agreement Page 2 of 4 Automated License Plate Recognition (ALPR) system in FY 2022/23, which e nhanced law enforcement's ability to cover a broader area with fewer resources. With the support of Measure G funding, the City plans to increase patrol hours to 180 per day. Additionally, deputies will transition to 12-hour shifts, further improving operational efficiency and coverage. The six additional officers will be incorporated as follows: Phase 1: Effective January 1, 2025 - One (1) Patrol Deputy - Two (2) Motorcycle Enforcement Officers (including the acquisition of two motorcycles) Phase 2: Effective July 1, 2025 - Two (2) Patrol Deputies - One (1) Special Enforcement Team (SET) Officer The Riverside County Sheriff’s Department has indicated they can fill Phase 1 as early as January 1, 2025, but need additional time to successfully fill the Phas e 2 positions, which will take place in Fiscal Year 2025-26. Once the two phases are filled, the City’s staffing levels will be as follows and outlined in the table above: Average Patrol Services - 180 supported hours per day (equivalent to 35 Deputy Sheriff positions at 1,884 annual productive hours per position). Non-Dedicated Positions - One (1) Deputy Sheriff Position (Commercial Enforcement) – Supported (Cove Communities Shared Position) - Two (2) Deputy Sheriff Positions (Burglary Suppression) – Supported 172 City of Palm Desert Amendment to Law Enforcement Services Agreement Page 3 of 4 Dedicated Positions - One (1) Sheriff Lieutenant Position - Two (2) Sheriff’s Sergeant Positions (Business District Team and Traffic Team) - Six (6) Deputy Sheriff positions (Motor Officers) – Supported - Four (4) Deputy Sheriff Positions Special Enforcement Team (SET) – Supported - Four (4) Deputy Sheriff Positions Business District – Supported - Two (2) Deputy Sheriff Positions (School Resource Officers) – Unsupported - One (1) Deputy Sheriff Position (Violent Crime Task Force) - One (1) Deputy Sheriff Position (Coachella Valley Narcotics Task Force) - Eleven (11) Community Service Officer II positions City staff has worked in conjunction with the Riverside County Sheriff’s Department. The City’s Dedicated Lieutenant has reviewed and supported staff’s recommendation. Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: This amendment supports the Palm Desert Strategic Plan, particularly Priority 1: Enhance the Delivery of Public Safety Services. It builds on the City's commitment to expand law enforcement resources in response to community growth, safety concerns, and identified priorities. Appointed Body Recommendation: The Public Safety Committee has recognized the critical need for increased patrols within the City to address growing traffic issues and rising crime rates. During the December 10, 2024, meeting, the committee unanimously endorsed the recommendation to add additional officers, emphasizing the importance of strengthening public safety and proactively addressing the se pressing concerns. FINANCIAL IMPACT: The approved FY 2024-25 Annual Budget includes approximately $23.5M for police services in the City of Palm Desert, reflecting a contract rate increase from the previous year as well as the increase associated with Measure G approval. Contract rates are adjusted annually based on the rates approved by the Board of Supervisors. The annual contract increases are reflected below: FISCAL YEAR CONTRACT RATE INCREASE TOTAL COST FY 2022/23 1.63% $ 20.4 million FY 2023/24 2.45% $ 21.6 million FY 2024/25 Released in April 2025 $ 23.4 million* *Budget is based on projections from the county. Phase 1 of the additional officers will begin in FY 2024 -25 at a total annual cost of $1.3 million. Phase 2, scheduled for FY 2025-26, will be included in the proposed FY 2025-26 Annual Budget. 173 City of Palm Desert Amendment to Law Enforcement Services Agreement Page 4 of 4 ATTACHMENTS: 1. First Amendment to the Agreement for Law Enforcement Services 2. Approved Law Enforcement Contract C46170 3. Contract Law Enforcement Rates FY 2023-2024 174 175 176 177 178 179 180 181 182 183 184 Original oof 3 AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES ("Agreement") is made and entered into by and between the CITY OF PALM DESERT, a California Charter City, hereinafter City;' and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriffs Department, hereinafter "County", sometimes collectively referred to herein as the "parties" and individually as a "party". IT IS THEREFORE AGREED AS FOLLOWS: 1. TERM 1.1 Effective Dates. This Agreement shall be effective from July 1, 2024 through June 30, 2027 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current three (3) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2. SCOPE OF SERVICE 2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriffs Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriffs services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate. OCT 17 2023 3.33 185 2.2 California Identification System (CAL -ID) and Records Management System. ucmU. t City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings. 2.2A Definitions. For purposes of this Agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference: a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City. c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS. d) LAWNET shall mean the County's law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS. 2.2E Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice. 2.2C Provision of RMS Supervision. Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall famish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC -based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PC - based equipment used to provide services herein without the permission of Sheriffs Information Technology Officer. 2.21) Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement. 3. LEVEL OF SERVICE 186 3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3.2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%). County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4. CHIEF OF POLICE The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position. 5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services. 5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriffs specifications shall remain within the City limits, and ownership title thereto shall remain with City. However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this Agreement without pennission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis. 5.3 City -Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the 187 motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriffs personnel, or persons authorized by the Sheriff. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City -owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City -owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City -owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city -approved functions. 5A Vehicle Insurance. City shall maintain insurance for any physical damage to the City - owned vehicles in an amount equal to the replacement value ofall vehicles provided to the County under this Agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurence. General Insurance Provisions - All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIH (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the Counvs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The City shall cause their insurance carrier(s) to famish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certific rte(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City -owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as requited in this Section. 188 c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory. 6. EMPLOYMENT STATUS OF PERSONNEL 6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City. 6.2 Labor Shortage. In the event of a work slow -down, strike, or any other form ofjob action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received 7. COMPENSATION 7.1 PaymentBasis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff's Department personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL -ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shalt not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriffs Special Investigations Bureau, Emergency Services Team and Aviation Unit. 7. 2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 189 7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriffs Department at County -owned or leased facilities. Costs are prorated according to the facility's square footage occupied by a Sheriffs Department Bureau or Unit. 73A Calculation of Facility Rates. The total of the facility's cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city's share of the facility cost. The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriffs decision to move Contract or unincorporated County Patrol positions from the Station. 7.4 Payment of Costs. County, through the Sheriffs Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty 30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907. 7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service. 7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor my other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for. crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement. 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by 190 City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County. 8.2 Indemnification by County. County shall indemnify and hold hamiless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or simihu document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City. 9. ADMINISTRATION The Mayor of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 10. RECORDS County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County's appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement. 11. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof. 191 12. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County Citv Chad Bianco, Sheriff City of Palm Desert Riverside County Sheriffs Department 73.510 Fred Waring Drive Post Office Box 512 Palm Desert, California 92260 Riverside, California 92502 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be seat to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, I' Fluor Riverside, California 92501 Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above. 13. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 14. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriffs personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation. 15. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. 16. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. 192 17. ELECTRONICIDIGITAL SIGNATURES This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (O CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. Signatures on Following Page] 193 IN WITNESS WHEREOF, the City of Palm Desert, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of, said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF PALM DESERT Dated: August 24, 2023 By: Kathie Kelly, ay ATTEST: Anthony J. Mejia City Clierk By: Best B Krieger, LLP City Attorney COUNTY OF RIVERSIDE Kevin Jefferies Chair of the Board of Supervisors Riverside County Board of Supervisors ATTEST: APPROVED AS TO FORM: Kimberly A. Rector Minh Tran Clerk of the Board County Counsel By: By: Deputy Amrit P. Dhillon Deputy County Counsel 10 194 IN WITNESS WHEREOF, the City of Palm Desert, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and scaled and attested by the Clerk of said Board, all on the dates indicated below. Dated: August 24, 2023 Dated: Q / 1/ 23 ATTEST: Kimberly A. Rector Clerk the Board By: Deputy CITY OF PALM DESERT By: Kathie Kelly, ay ATTEST: Anthony J. Mejia City Clerk By: Best B Krieger, LLP City Attorney COUNTY OF RIVERSIDE B y. Kevin Jefferies Chair of the Board of Supervisors Riverside County Board of Supervisors IL APPROVED AS TO FORM: Minh Tran CounntttyyCounsel By: ` _ Amrit P. Dhillon Deputy County Counsel OCT 17 2023 3.33 195 ATTACHMENT A CITY OF PALM DESERT LEVEL OF SERVICE Average Patrol Services 144 supported hours per day. (Equivalent of 28 Deputy Sheriff positions Q 1,884 annual productive hours per position) Non -Dedicated Positions One (1) Deputy Sheriff position (Commercial Enforcement) -Supported Cove Communities Shared Positions) Two (2) Deputy Sheriff positions (Burglary Suppression) -Supported Dedicated Positions One (I) Sheriffs Lieutenant position Two (2) Sheriffs Sergeant positions (Business District Team and Traffic) Four (4) Deputy Sheriff positions (Motor Officers) -Supported Three (3) Deputy Sheriff positions (SET) -Supported Four (4) Deputy Sheriff positions (Business District) -Supported Two (2) Deputy Sheriff position (School Resource) -Unsupported One (1) Deputy Sheriff position (Violent Crime Gang Task Force) -Unsupported One (1) Deputy Sheriff position (Coachella Valley Narcotics Task Force) -Unsupported Eleven (11) Community Service Officer II positions 11 196 ITEM: 3 5'1 (tD # 24534) MEETING DATE: Tuesday, April 30, 2024 FROM: SHERIFF-CORONER-PA SUBJECT: SHERIFF-CORONER-PA: Approval of Contract Law Enforcement Rates for FY2O23-24, Districts All. [$5,513,973- Contract Law Enforcement 100%]. RECOMMENDED MOTION: That the Board of Supervisors: 1. Approve and adopt the rates as listed on Attachments A, B, and C for contract law enforcement personnel, facilities and vehicle mileage for FY 2023-24; reference to Board Policy B-4. 2. Approve and direct the Auditor-Controller to make the budget adjustment on the attached Schedule A. ACTION:4/5 Vote Required, Policy 4t22t2024nrpn On motion of Supervisor Jeffries, seconded by Supervisor Gutierrez and duly carried by unanimous vote, lT WAS ORDERED that the above matter is approved as recommended. Ayes: Nays: Absent Date: xc: Jeffries, Spiegel, Washington, Perez and Gutierrez None None April 30, 2024 Sheriff Page I of 4 to* 24534 3.51 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MINUTES OF THE BOARD OF SUPERVISORS Kimberly A. Rector Clerk of the Board ey, r'|/*'n4 .,{' oeoffy' 197 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FINANCIAL DATA Curent FbcalYear Total Co6l:Ongolng Co3t $ 5,513,973 $0 $ 5,513,973 $0 NET COUNTY COST $0 $o $0 $0 SOURCE OF FUNDS: Contract Law Enforcement 100%Budget Adjustment: Yes For Fiscal Year: 23124 Prev. Agn. Ref.: 05/02/23 3.26 BR: 24-076 The Riverside County Sheriffs Department has a long history in providing contract policing services to communities large and small. The Sheriffs Department operates a flexible menu for selecting services uniquely suited to each community, and no two of the sixteen cities contract for police services in the same manner. Pursuant to California Government Code section 51350, the County shall charge any city pursuant to contract or as authorized by law, for all costs incurred in providing the services so contracted or authorized, and any general overhead costs that is attributable to services made available to all portions of the county, as determined by resolution of the board of supervisors, or which are general overhead costs of operation of the county government regardless of whether or not the county provided a service under contract to a city, are not charged to that city under contract. Each year the Sheriffs Department does an analysis of just its patrol operations and determines real costs effectively through its sheer size. Other requirements of the Sheriff such as jail operations, court operations, and coroner operations are not involved in the determination ofthe yearly contract rates. The contract law enforcement rates are adjusted annually. The fully supported rate increased 2.45o/o from last fiscal year's rate. lf approved, the personnel and mileage rates are retroactive to July 1 , 2023. All contract entities will receive billing adjustments from that date. All personnel costs are current fiscal year costs incurred and services and supplies (Class ll) are real costs incurred in the previous fiscal year. Salaries and benefits for all Sheriffs personnel are negotiated directly between the various labor groups and the Board of Supervisors. The largest cost component in the contract rate are personnel costs. Page 2 of 4 to# 24534 C.E.O. RECOMMENDATION: Approve BACKGROUND: Summarv The Sheriffs Department is submitting lhe FY 2023-24 computations of the contract law enforcement rate for personnel, facilities, and vehicle mileage. The Sheriffs Department is required, by Board policy B-3, to obtain full cost recovery on any cost incurred through contract city policing operations. cosT 3.51 198 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA The Sheriffs Department is requesting the following budget adjustments for the divisions within the organization which makeup the contract law enforcement rates. The fully suppoded contract law enforcement rates include the entire systemic costs involving the running of a police department. They include the cost of the patrol deputies, investigators that support the deputies, supervisors, and managers that oversee those police operations just as any police department would incur. The rate also includes dispatch services, recruiting, and clerical support all based on agreed upon service hours conkacted by the entity. The Facility Rate is an annual amount charged to Sheriffs contract entities for expenses at the buildings that house stations, Central and Coachetla Valley Dispatch, the Professional Standards Bureau, Accountang and Finance, lnformation Services Bureau, Personnel, the Technical Services Bureau, the Central Homicide Unit and the Grants Unit. This rate is calculated separately for each contract entity and varies according to the level of service provided. lmpact on Residents and Businesses Conkact law enforcement is a practical means of obtaining quality service at a reasonable cost. The Riverside County Sheriffs Department has been conkacting law enforcement services since 1964. Contract law enforcement has evolved into a sophisticated method for contract partners to meet their statutory obligation to supply a total law enforcement program for their community. The Riverside County Sherifls Department offers a wide range of programs and service levels to meet the specialized needs and population sizes of the communities within Riverside County. Additional Fiscal lnfomation Attachment A: This table details contract personnel rates charged cities, school districts, county service areas and Tribal groups. Lastly, Attachment A details hourly differentials for K-9 and motor offlcers and vehicle mileage rates. Attachment B: This table includes the law enforcement personnel rates for RUHS Attachment C: This table includes the annual facility charge billed to cities, the lvlorongo Band and county seNice areas. ATTACHMENTS: 1. Schedule A 2. Attachment A - Contract Law Enforcement Rates 3. Attachment B - Hospital Contract Law Enforcement Rates 4. Attachment C - Annual Facility Charge Page 3 of 4 tD# 24534 3.51 199 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SCHEDULE A-FY23124 Regular Salaries lntrafund - Sal Reimb Professional Services lntrafund - Sal Reimb Regular Salaries Maintenance - Buildings & lmprovements lntrafund - Sal Reimb Regular Salaries $ 323,592 $ (3e2) $ 467,108 $ 740 $ 4,610,085 $ 63,537 $ (14,134) $ 63.437 $ 5,513,973 lncrease Estimated Revenue 1 0000-25001 00000-7 7 3520 1 0000-25001 00000-773560 1 0000-25001 00000-7 7 3s7 0 1 0000-2500200000-7 7 3520 1 0000-2500200000-773560 1 0000-2500200000-773570 1 0000-2500300000 -7 7 3520 't 0000-2500300000-773560 1 0000-2500300000-7 7 357 0 1 0000-2500400000-773560 Contract City Law Enforcement RUHS Security Law Enforcement School Services Law Enforcement Contract City Law Enforcement RUHS Security Law Enforcement School Services Law Enforcement Contract City Law Enforcement RUHS Security Law Enforcement School Services Law Enforcement RUHS Security Law Enforcement $ 310,885 $ 3,023 $ 9,292 $ 419,292 $ 6,522 $ 42,034 $ 4,312,297 $ 73,649 $ 273,542 $ 63,437 $ 5,513,973 Page 4 of 4 to# 24534 3.51 I ncrease Appropriations 1 0000-25001 00000-51 0420 1 0000-25001 00000-573400 1 0000-2500200000 -525440 1 0000-2500200000-s73400 1 0000-2500300000-51 0420 1 0000-2500300000-52231 0 1 0000-2500300000-573400 1 0000-2500400000-5 1 0420 200 V1.0 w/Filled= (2023-2024). *** 23/24 *** A T T A C H M E N T -- A CONTRACTS Page 1 of 2 2023/2024 2023/2024 2022/2023 2022/2023 Percentage Change Position Rate per O/T Rate Rate per O/T Rate Rate per O/T Rate Hour per Hour Hour per Hour Hour per Hour Sheriff's Patrol Officer (SUP-B) 214.47 74.21 209.35 76.54 2.45% -3.05% Sheriff's Patrol Officer (SDP-B) 214.47 74.21 209.35 76.54 2.45% -3.05% Sheriff's Patrol Officer (SDC-B) 183.54 74.21 179.17 76.54 2.44% -3.05% Sheriff's Patrol Corporal (SUP) 237.48 96.73 228.63 95.89 3.87% 0.87% Sheriff's Patrol Corporal (SDC) 203.23 96.73 195.67 95.89 3.87% 0.87% Tribal Patrol Officer (TSUP-B) 181.65 74.21 182.21 76.54 -0.31% -3.05% Tribal Patrol Officer (TSDC-B) 155.45 74.21 155.95 76.54 -0.32% -3.05% Intermediate Patrol Officer (ISUP-B) 155.59 74.21 158.96 76.54 -2.12% -3.05% Intermediate Patrol Officer (ISDC-B) 133.15 74.21 136.04 76.54 -2.12% -3.05% Sheriff's Corporal (UDP) 145.76 96.73 139.89 95.89 4.20% 0.87% School Resource Officer (UDP-B) 122.85 74.21 120.74 76.54 1.75% -3.05% Sheriff's Deputy (UDP) 124.16 78.05 125.24 83.22 -0.86% -6.22% Sheriff's Deputy (UDC)106.25 78.05 107.19 83.22 -0.88%-6.22% Sheriff's Corporal (UDC) 124.73 96.73 119.72 95.89 4.19% 0.87% Sheriff's Investigator 141.34 107.16 134.26 104.53 5.27% 2.51% Sheriff's Sergeant 146.60 114.24 141.39 113.22 3.68% 0.91% Sheriff's Lieutenant 165.29 0.00 159.35 0.00 3.73% Sheriff's Captain 182.74 0.00 180.23 0.00 1.39% Sheriff Service Officer II 54.35 36.99 48.54 34.49 11.97% 7.27% Community Services Officer II 66.27 50.44 62.32 49.96 6.34% 0.97% Other Rates as noted: 2023/2024 2022/2023 Percentage Change Differentials: Traffic/Motor Sgt 2.94 / Hour 2.93 / Hour 0.34% Differentials: K9 & Motor Officer 1.98 / Hour 1.97 / Hour 0.51% Differentials: K9 Daily Special Rate 17.80 / Day 17.72 / Day 0.45% Differentials: SRO 1.98 / Hour 1.97 / Hour 0.51% Vehicles: Black & White Units: 1.03 / Mile 1.00 / Mile 3.00% Vehicles: Plain Units: 0.65 / Mile 0.70 / Mile -7.14% Vehicles: Other: 0.65 / Mile 0.70 / Mile -7.14% R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2023-2024 CONTRACT LAW ENFORCEMENT RATES 3/13/2024 LEGEND 23-24 EL 1 of 3201 V1.0 w/Filled= (2023-2024). *** 23/24 *** A T T A C H M E N T -- A CONTRACTS Page 2 of 2 2023/2024 2023/2024 2022/2023 2022/2023 Percentage Change Position Rate per O/T Rate Rate per O/T Rate Rate per O/T Rate Hour per Hour Hour per Hour Hour per Hour Sheriff 911 Comm Officer II 61.04 54.38 57.65 53.31 5.88% 2.01% Sr Sheriff 911 Comm Officer 77.12 72.29 76.14 73.93 1.29% -2.22% Sheriff Communications Supv 93.07 89.78 90.35 90.06 3.01% -0.31% Telephone Rpt Unit Officer II 48.31 40.44 43.00 37.58 12.35% 7.63% Supervising Telephone Rpt Unit Officer 63.10 52.82 57.40 51.17 9.93% 3.23% Crime Analyst 71.17 66.94 67.09 65.70 6.08% 1.89% Sr Crime Analyst 79.00 76.61 73.68 73.44 7.22% 4.32% Crime Analyst Supervisor 81.27 79.24 78.25 78.43 3.86% 1.03% Accounting Assistant II 42.23 34.21 38.95 33.18 8.42% 3.11% Sr Accounting Asst 53.32 46.06 48.66 43.89 9.58% 4.94% Accounting Technician I 57.31 50.60 52.65 48.27 8.85% 4.83% Accounting Technician II 48.06 40.77 50.44 46.23 -4.72% -11.80% Sheriffs Accounting Site Supv 63.56 57.27 Sheriffs Records Clerk II 43.23 34.22 39.72 33.58 8.84% 1.91% Sr Sheriffs Records Clerk 49.30 41.21 44.29 38.46 11.31% 7.17% Supv Sheriffs Records Clerk 55.62 46.60 51.19 43.97 8.65% 5.99% Aircraft Mechanic 74.86 72.09 75.21 74.56 -0.47% -3.30% Supv Aircraft Mechanic 92.64 87.81 88.16 86.79 5.08% 1.18% Forensic Technician II 67.15 62.32 62.24 59.77 7.89% 4.27% Supv Forensic Technician 86.68 84.36 81.96 82.73 5.76% 1.97% R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2023-2024 CONTRACT LAW ENFORCEMENT RATES 3/13/2024 LEGEND 23-24 EL 2 of 3202 V1.0 w/Filled= (2023-2024). *** 23/24 *** A T T A C H M E N T -- B HOSPITAL 2023/2024 2023/2024 2022/2023 2022/2023 Percentage Change Position Rate per O/T Rate Rate per O/T Rate Rate per O/T Rate Hour per Hour Hour per Hour Hour per Hour Hospital Rates Hospital Patrol Officer (HUUP) 120.22 78.05 123.24 83.22 -2.45% -6.22% Hospital Officer (HUDC) 102.88 78.05 105.47 83.22 -2.46% -6.22% Hospital Sheriff's Sergeant 143.22 114.24 139.67 113.22 2.54% 0.91% Hospital Correctional Deputy II 79.28 57.87 76.28 56.43 3.93% 2.55% Hospital Correctional Corporal 95.58 74.35 93.14 73.52 2.62% 1.12% Hospital Correctional Sergeant 109.60 86.61 107.08 85.65 2.35% 1.12% Hopsital Sheriff Service Officer II 54.35 36.99 48.54 34.49 11.97% 7.27% Hospital Community Service Officer II 66.27 50.44 62.32 49.96 6.34% 0.97% Hopsital Accounting Assistant II 42.23 34.21 38.95 33.18 8.42% 3.11% R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2023-2024 HOSPITAL CONTRACT LAW ENFORCEMENT RATES 3/13/2024 LEGEND 23-24 EL 3 of 3203 ATTACHMENT C ANNUAL FACILITY COST CHARGED CONTRACT ENTITIES FY 2022-23 TO FY 2023-24 FACILITY COST COMPUTATIONS CONTRACT ENTITY FY 2022-23 FY 2023-24 CHANGE ($) CHANGE (%) City of Calimesa $71,573.84 $63,809.10 -$7,764.74 -10.85% City of Canyon Lake $24,554.05 $25,817.42 $1,263.37 5.15% City of Coachella $187,342.08 $189,855.88 $2,513.80 1.34% City of Eastvale $187,792.38 $222,836.93 $35,044.55 18.66% City of Indian Wells $99,447.21 $71,029.14 -$28,418.07 -28.58% City of Jurupa Valley $328,619.40 $395,217.46 $66,598.06 20.27% City of Lake Elsinore $213,697.30 $230,004.70 $16,307.40 7.63% City of La Quinta $325,386.11 $287,948.04 -$37,438.07 -11.51% City of Moreno Valley $131,327.00 $130,198.58 -$1,128.42 -0.86% City of Norco $44,813.53 $53,441.29 $8,627.76 19.25% City of Palm Desert $379,560.28 $279,840.78 -$99,719.50 -26.27% City of Perris $578,385.01 $593,642.86 $15,257.85 2.64% City of Rancho Mirage $181,030.03 $151,707.00 -$29,323.03 -16.20% City of San Jacinto $44,030.34 $48,389.69 $4,359.35 9.90% City of Temecula $418,474.64 $409,336.45 -$9,138.19 -2.18% City of Wildomar $80,728.43 $84,697.85 $3,969.42 4.92% Morongo $9,296.20 $8,486.34 -$809.86 -8.71% De Luz CSD $1,099.90 $1,089.07 -$10.83 -0.98% South Coachella Valley CSD $1,649.86 $1,629.95 -$19.91 -1.21% Jurupa CSD $1,099.90 $1,089.07 -$10.83 -0.98% 204 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Sarah Sullivan, Accountant Veronica Chavez, Finance Director SUBJECT: RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2025, THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE FISCAL PERIOD FROM JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS.” BACKGROUND/ANALYSIS: Approval of these items is required pursuant to dissolution law in order to fund the approved enforceable obligations of the Successor Agency to the Palm Desert Redevelopment Agency in the 2025-26 Fiscal Year. Health and Safety Code (“HSC”) Section 34177 requires that the Successor Agency prepare a Recognized Obligation Payment Schedule (“ROPS”) annually, listing the anticipated pa yments for enforceable obligations to be made from July 1 through the following June 30. The Successor Agency must also prepare a proposed administrative budget for each six-month period, that includes: (1) estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period; (2) proposed sources of payment for the administrative costs; and (3) proposals for arrangements for administrative and operations services provided by the City of Palm Desert (the “City”) or another entity. All ROPS and Administrative Budgets must be approved by the Riverside County Countywide Oversight Board and submitted to the DOF for review. During their review, the DOF may eliminate or modify any item on the ROPS before approving the ROPS. The pr ocess timeline, pursuant to HSC Section 34177 is as follows: January 9, 2025 ROPS/Admin Submitted to SARDA for approval January 16, 2025 ROPS/Admin Submitted to County OSB for approval February 1, 2025 ROPS/Admin due to DOF and CAC for approval April 15, 2025 Deadline for DOF to provide approval 205 City of Palm Desert (2025-26 SARDA ROPS and Admin Budgets) Page 2 of 2 April 20, 2025* SARDA can file Meet and Confer to dispute any item June 1, 2025 First distribution of RPTTF for 2025-26 January 2, 2026 Second distribution of RPTTF for 2025-26 June 30, 2026 Final expenditures related to 2025-26 The County Auditor-Controller is required to make Redevelopment Property Tax Trust Fund (RPTTF) disbursements to the Successor Agency pursuant to the DOF-approved ROPS for Fiscal Year 2025-26 on June 1, 2025 and January 2, 2026. Staff recommends that the Board of Directors of the Successor Agency adopt the resolution approving the ROPS and Administrative Budgets for Fiscal Year 2025-26 and taking certain related actions. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The preparation and submittal of ROPS and Administrative Budgets for Fiscal Year 2025-26 are necessary to allow the Successor Agency to pay its enforceable obligations for the period from July 1, 2025 to June 30, 2026. The “administrative cost allowance” is the amount of administrative costs that may be paid by the Successor Agency from moneys received from the RPTTF. Subject to the Dissolution Act, the permitted administrative cost allowance is the greater of: (i) $250,000 per fiscal year, or (ii) up to 3 percent of the prior year RPTTF distribution less administrative cost allowance and repayments of city loans; provided it does not exceed 50% of the prior year RPTTF distribution. ATTACHMENTS: 1. Resolution 2. ROPS 25-26 Submission 3. ROPS 25-26 Administrative Budgets 206 RESOLUTION NO. SA-RDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS RECITALS: A. Pursuant to Health and Safety Code (“HSC”) Section 34177(o), the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”) must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2025 through June 30, 2026 (“ROPS 25-26”) and submit ROPS 2025-26 to the oversight board of the Successor Agency for approval. B. Pursuant to HSC Section 34179(j), commencing on and after July 1, 2018, the Riverside Countywide Oversight Board (the “Oversight Board”) has jurisdiction over the Successor Agency. C. Pursuant to HSC 34177(l)(2)(B), at the same time that the Successor Agency submits ROPS 25-26 to the Oversight Board for approval, the Successor Agency must submit a copy of such ROPS 2025-26 to the State Department of Finance (the “DOF”), the County administrative officer, and the County Auditor-Controller. D. Pursuant to HSC Section 34177(j), the Successor Agency must prepare a proposed administrative budget for each six-month fiscal period (commencing each January 1 and July 1) and submit each proposed administrative budget to the Oversight Board for approval. E. Each proposed administrative budget shall include all of the following: (1) estimated amounts for Successor Agency administrative costs for the upcoming six- month fiscal period; (2) proposed sources of payment for the costs identified in (1); and (3) proposals for arrangements for administrative and operations services provided by the City of Palm Desert or another entity. F. Pursuant to HSC Section 34177(l)(2)(C) and Section 34177(o)(1), the Successor Agency must: (i) submit the Oversight Board-approved ROPS 2025-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller no later than February 1, 2025, and (ii) post a copy of the Oversight Board-approved ROPS 2025-26 on the Successor Agency’s website. 207 Resolution No. SA-RDA Page 2 NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (THE “BOARD”), HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. ROPS 2025-26, substantially in the form attached hereto as Exhibit A, is hereby approved. SECTION 3. Each of Administrative Budget 2025-26A (covering the period from July 1, 2025 through December 31, 2025) and Administrative Budget 2025-26B (covering the period from January 1, 2026 through June 30, 2026) (together, “Administrative Budgets 2025-26”), substantially in the form attached hereto as Exhibit B, is hereby approved. SECTION 4. The Executive Director of the Successor Agency, in consultation with the Successor Agency’s legal counsel, may modify ROPS 2025-26 and/or the Administrative Budgets 2025-26 as the Executive Director or the Successor Agency’s legal counsel deems necessary or advisable. SECTION 5. Staff is hereby authorized and directed to submit a copy of ROPS 2025-26 to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 2025-26 to the DOF, the County Auditor-Controller and the County administrative officer as designated by the County. SECTION 6. Staff is hereby authorized and directed to also submit the proposed Administrative Budgets to the Oversight Board for approval. SECTION 7. Staff is hereby authorized and directed to submit a copy of Oversight Board-approved ROPS 2025-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller. If the Oversight Board has not approved ROPS 2025-26 by February 1, 2025, Staff is hereby authorized and directed to transmit ROPS 2025-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller by February 1, 2025, with a written notification regarding the status of the Oversight Board’s review. Written notice and information regarding the action of the Oversight Board shall be provided to the DOF by electronic means and in a manner of DOF’s choosing. SECTION 8. This Board hereby represents and warrants to the Oversight Board that it examined all of the items on the ROPS 2025-26 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind-down of the affairs of the former Palm Desert Redevelopment Agency by the Successor Agency. SECTION 9. Staff is hereby authorized and directed to post a copy of the Oversight Board-approved ROPS 2025-26 on the Successor Agency’s Internet website (being a page on the Internet website of the City of Palm Desert). 208 Resolution No. SA-RDA Page 3 SECTION 10. The officers and the other Staff members of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including but not limited to requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and making adjustments to ROPS 2025-26 and/or Administrative Budgets 2025-26 pursuant to the DOF’s instructions, and any such actions previously taken are hereby ratified and confirmed. ADOPTED ON JANUARY 9, 2025 _________________________________ JAN HARNIK CHAIR ATTEST: ________________________________ ANTHONY J. MEJIA SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. SA-RDA -__ 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 January 9, 2025, 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 209 Resolution No. SA-RDA Page 4 EXHIBIT A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY RECOGNIZED OBLIGATION PAYMENT SCHEDULE (July 1, 2025 – June 30, 2026) 210 Resolution No. SA-RDA Page 5 EXHIBIT B SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGETS (July 1, 2025 – December 31, 2025); and (January 1, 2026 - June 30, 2026) 211 212 Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Palm Desert County: Riverside Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 25-26A Total (July - December) 25-26B Total (January - June) ROPS 25-26 Total A Enforceable Obligations Funded as Follows (B+C+D) $ 9,373 $ - $ 9,373 B Bond Proceeds - - - C Reserve Balance - - - D Other Funds 9,373 - 9,373 E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 9,614,557 $ 11,089,601 $ 20,704,158 F RPTTF 9,614,557 11,089,601 20,704,158 G Administrative RPTTF - - - H Current Period Enforceable Obligations (A+E) $ 9,623,930 $ 11,089,601 $ 20,713,531 Certification of Oversight Board Chairman: Name Title Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ Signature Date Exhibit "A" 213 Palm Desert Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 25-26 Total ROPS 25-26A (Jul - Dec) 25-26A Total ROPS 25-26B (Jan - Jun) 25-26B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF $526,989,388 $20,713,531 $- $- $9,373 $9,614,557 $- $9,623,930 $- $- $- $11,089,601 $- $11,089,601 9 Indian Springs Stipulated Agreement Litigation 02/27/ 2009 02/27/2039 Indian Springs Mobilehome Park Judgement related to ISMHP 1 6,815,747 N $139,673 - - - 69,837 - $69,837 - - - 69,836 - $69,836 32 Stipulated Judgement Case No. 51124 Litigation 11/20/ 1991 11/25/2032 Various Duties required under said court order. Desert Rose, Etc. PDHA subsidy for 1,100 Afford Units 1 221,173,384 N $- - - - - - $- - - - - - $- 43 Agency Owned Properties Property Maintenance 07/01/ 2013 06/30/2028 Utilities, Maint Services, HOA Dues, Etc. Agency owned properties monthly carrying costs prior to disposition. 1 400,000 N $80,000 - - - 40,000 - $40,000 - - - 40,000 - $40,000 44 Additional Disclosures on TAB's Fees 07/01/ 2013 06/30/2042 Willdan Additional disclosures that will be required to report changes in the allocation of tax increment and the payment on tax allocation bonds due to AB 26. These disclosures would not have been necessary without this legislative change. 1 30,000 N $1,500 - - - 750 - $750 - - - 750 - $750 214 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 25-26 Total ROPS 25-26A (Jul - Dec) 25-26A Total ROPS 25-26B (Jan - Jun) 25-26B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF 56 2003 Tax Allocation Bond Issue - $15,745,000 Bonds Issued On or Before 12/ 31/10 03/12/ 2003 08/01/2033 US Bank Semi-Annual Debt Service Payment 2 17,349,816 N $1,975,726 - - - 317,863 - $317,863 - - - 1,657,863 - $1,657,863 61 City Loan for formation of Project Area No. 2- 1986 City/County Loan (Prior 06/28/11), Cash exchange 12/05/ 1986 07/15/2038 City of Palm Desert Formation of PA/Prop Acquisition 2 7,890,000 N $- - - - - - $- - - - - - $- 86 Stipulated Judgement Case No. 51124 Litigation 11/20/ 1991 07/15/2038 Various Duties required under said court order. Vineyards, Emerald Brook (Palm Desert 103) PDHA subsidy for 1,100 Afford Units 2 63,072,039 N $- - - - - - $- - - - - - $- 119 Stipulated Judgement Case No. 51124 Litigation 11/20/ 1991 07/15/2038 Various Duties required under said court order. Falcon Crest Afford Housing Dev - Homeowners at lots 1 through 93, et al. PDHA Subsidy for 1,100 Affordable Units 3 16,602,589 N $- - - - - - $- - - - - - $- 160 Stipulated Judgement Case No. 51124 Litigation 11/20/ 1991 07/15/2038 Various Duties required under said court order. PDHA subsidy for 1,100 Affordable Units 4 49,236,464 N $- - - - - - $- - - - - - $- 189 Project Area Administration Admin Costs 11/25/ 1981 07/19/2044 Various Allowable Costs per Admin Plan- 1-4 6,626,342 N $580,033 - - 9,373 254,976 - $264,349 - - - 315,684 - $315,684 215 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 25-26 Total ROPS 25-26A (Jul - Dec) 25-26A Total ROPS 25-26B (Jan - Jun) 25-26B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF staff, utilities, professional services, etc. 190 Costs Associated with Disposition of Assets Property Dispositions 07/01/ 2013 06/30/2028 City of Palm Desert Remediation of Health and Safety Issues and costs related to sale of properties owned by former RDA 1-4 325,000 N $30,500 - - - 15,250 - $15,250 - - - 15,250 - $15,250 192 2017 NHA Tax Allocation Refunding Bond Issue - $52,390,000 Bonds Issued After 12/31/10 01/23/ 2017 10/01/2033 US Bank Semi-Annual Debt Service Payment 1-4 32,865,750 N $7,357,750 - - - 4,181,500 - $4,181,500 - - - 3,176,250 - $3,176,250 193 2017 NHB Tax Allocation Refunding Bond Issue - $140,130,000 Bonds Issued After 12/31/10 01/23/ 2017 10/01/2041 US Bank Semi-Annual Debt Service Payment 1-4 99,893,791 N $9,864,956 - - - 4,391,372 - $4,391,372 - - - 5,473,584 - $5,473,584 194 2017 HA Tax Allocation Refunding Bond Issue - $7,365,000 Bonds Issued After 12/31/10 01/23/ 2017 10/01/2031 US Bank Semi-Annual Debt Service Payment HA 4,708,466 N $683,393 - - - 343,009 - $343,009 - - - 340,384 - $340,384 216 Palm Desert Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H ROPS 22-23 Cash Balances (07/01/22 - 06/30/23) Fund Sources Comments Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, grants, interest, etc. Non-Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/22) RPTTF amount should exclude "A" period distribution amount. 953,209 (4,255) 427,812 Other funds of FY 22/23 $611,063 + FY 23/24 $153,220 + FY 24/25 $188,926 (revised from FY24/25 DOF Letter) = $953,209 ($4,255) is from the overstatement of Other Funds from DOF letter FY 24/25 Prior PPA's of FY22/23 $87,582 + FY 23/24 $202,267 + FY 24/25 $137,963 = $427,812 2 Revenue/Income (Actual 06/30/23) RPTTF amount should tie to the ROPS 22-23 total distribution from the County Auditor-Controller 13,628 27,206,681 $13,628 from accounts 703-3611000 $257.07 + 703-3611400 $8,556.15 + 703-3611500 $4,815 $27,206,681 from RPTTF's FY 22/23A $13,513,349 + FY 22/23B $13,693,332 3 Expenditures for ROPS 22-23 Enforceable Obligations (Actual 06/30/23) 514,206 27,228,542 $514,206 from actual other funds PPA FY 22/ 23 $27,228,542 from PPA RPTTF $26,478,911 + RPTTF Admin $749,631 4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 439,003 340,230 $439,003 from other funds of $611,063 - $514,206 exp = $96,857. Then adding $153,220 + $188,926 + $96,857 $340,230 from Prior PPA's FY 23/24 $202,267 + FY 24/ 25 $137,963 217 Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H ROPS 22-23 Cash Balances (07/01/22 - 06/30/23) Fund Sources Comments Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, grants, interest, etc. Non-Admin and Admin 5 ROPS 22-23 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 22-23 PPA form submitted to the CAC No entry required 6 Ending Actual Available Cash Balance (06/30/23) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $- $- $- $9,373 $65,721 $65,721 matches current PPA FY 25/26 Will put $9,373 to admin other funds 218 Palm Desert Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026 Item # Notes/Comments 9 32 Do not retire 43 44 56 61 Do not retire 86 Do not retire 119 Do not retire 160 Do not retire 189 190 192 193 194 219 220 Exhibit "B" BASED ON PY RPTTF DEPOSIT ROPS 25-26A ROPS 25-26B Jul 1 - Dec 31, 2025 Jan 1 - June 30, 2026 Administrative Cost Allowance 264,349 315,684 ROPS 25-26A Budget ROPS 25-26B Budget Source of ADMINISTRATIVE COSTS Jul 1 - Dec 31, 2025 Jan 1 - June 30, 2026 Payment Auditing Service 7,500 7,500 A Bank Fees 2,500 10,000 A Consulting Services 10,000 5,000 A Legal Services 25,000 25,000 A Personnel Expenditures1 219,349 2 268,184 2 A, B Total Administrative Costs 264,349 315,684 A - Administrative Allowance, B - City General Fund 1 Includes salaries, training, travel, meetings, supplies, equipment, etc. Successor Agency to the Palm Desert Redevelopment Agency ROPS 2025-2026 2City staff time reimbursement costs in excess of SARDA allowable administrative costs (as adjusted per Department of Finance) will be borne by the City's General Fund. 12/17/2024 5:11 PM Proposed Administrative Budgets A&B - FY 25-26221 222 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Erica Powell, Management Analyst Thomas Soule, Public Affairs Manager SUBJECT: APPROVE SPONSORSHIP FOR THE 2025 DESERT X EXHIBITION IN THE AMOUNT OF $35,000 RECOMMENDATION: 1. Approve sponsorship in the amount of $35,000 with The Desert Biennial for its 2025 Desert X Exhibition to be held March 8 to May 11, 2025. 2. Authorize staff to finalize negotiations of the Sponsorship Agreement with The Desert Biennial. 3. Authorize the City Manager to execute the Sponsorship Agreement and any associated documents, subject to the approval as to form by the City Attorney. 4. Waive all permit and inspection fees associated with Desert X. BACKGROUND/ANALYSIS: The City has received a sponsorship request from The Desert Biennial for the 2025 Desert X Exhibition, scheduled to run from March 8 to May 11, 2025. Beginning in 2017, the City of Palm Desert has actively participated in and sponsored this internationally acclaimed event. Installations hosted in Palm Desert have consistently been ranked among the most well attended during the last three biennial exhibitions. Recognizing the significance of this event, the C ultural Arts Committee included the 2025 Desert X Sponsorship as a priority in its Fiscal Year 2024 -25 Workplan, which was approved by the City Council on March 28, 2024. For 2025, Desert X has proposed two potential installations to be sited on City-owned properties at the following locations:  Cap Homme / Ralph Adams Park: Previously the site of Claudia Comte’s Curves and ZigZags and Superflex’s Dive-In.  Northeast corner of Portola Avenue and Frank Sinatra Drive : Previously the site of Phillip K. Smith’s The Circle of Land and Sky and Eduardo Sarabia’s The Passenger. Desert X Impact According to Desert X’s 2022 Exhibition Report:  The 2021 Desert X exhibition attracted 650,000 site visits to 10 installations located throughout the Coachella Valley over a nine-week period.  Of the 15,000 visitors surveyed during Desert X 2021: o Over 50% traveled 50-250 miles specifically to attend the event. o 40% stayed in hotels or Airbnb accommodations. o More than 90% expressed their intent to visit Desert X in the future. 223 City of Palm Desert 2025 Desert X Exhibition Sponsorship Page 2 of 3 Given these impactful numbers and the ongoing success of Desert X in drawing tourism and enhancing cultural engagement in Palm Desert, this request represents an opportunity to continue supporting a key cultural and economic driver for the region. Strategic Plan Objective: Sponsorship of the 2025 Desert X Exhibition contributes to the Arts & Culture Mini-Vision contained in the Strategic Plan, which states: “Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills.” Commission Recommendation: At its regular meeting of December 11, 2024, the Cultural Arts Committee (CAC) unanimously recommended that the City Council approve a sponsorship request for the 202 5 Desert X Exhibition, with a vote of 7-0, with Committee Members Adney, Boren, Flint, Hauer, Mitze, Rose, and Simley voting aye. Additionally, at its regular meeting of January 7, 2025, staff presented an informational report on the 2025 Desert X Exhibition to the Parks and Recreation Commission of artwork being installed at Cap Homme / Ralph Adams Park. An update on the Commissions comments will be provided at the City Council meeting. FINANCIAL IMPACT: The Desert Biennial is requesting sponsorship in the amount of $35,000 for support of two land art installations and creation of free public programming in Palm Desert in relation to the 202 5 Desert X Exhibition. Comparisons of previous Desert X sponsorships: YEAR AMOUNT 2023 $25,000 2021 $20,000 2019 $10,000 2017 $35,000 The increased sponsorship request for 2025 is due to the rising costs of materials and labor. Funding in the amount of $25,000 is available in the Public Art Fund, Account No. 4364650 - 4309200, and the remaining $10,000 is available in the City’s Marketing budget, Account No. 1104417-4322000. The only additional impact anticipated to the General Fund is the requested waiver of permit fees. The full cost to waive fees cannot be determined until the art installations are complete. Staff will collect the information and report back on the comprehensive waiver costs. 224 City of Palm Desert 2025 Desert X Exhibition Sponsorship Page 3 of 3 ATTACHMENTS: 1. Desert X 2025 Presentation 2. Desert X 2025 City of Palm Desert Funding Proposal 3. Draft Sponsorship Agreement 4. FY 24/25 Cultural Arts Committee Workplan 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 November 22, 2024 The City of Palm Desert c/o Erica Powell re. Desert X 2025 Funding Proposal Dear Erica, The Desert X team is full steam ahead at building Desert X 2025. Our internationally-renowned contemporary art exhibition will be held March 8 – May 11, 2025, throughout the Coachella Valley. As we gear up for Desert X 2025, we would like to submit a formal request and proposal for funding to the City of Palm Desert. Desert X is appreciative to the City of Palm Desert for past exhibition support and is hopeful that the city will renew its support in 2025. Desert X would like to request $35,000 in exhibition support in 2025. Funds received will be utilized towards exhibition production and the organization of free public programming in Palm Desert. Historically, Desert X has collaborated with the City of Palm Desert to present educational, enriching, and engaging public programming and experiences associated with each exhibition that activate public spaces within the city and promote art education & awareness. In 2017, Desert X organized a hike in Homme Adams’ Park that encouraged visitors to experience the installation, Curves and Zig Zags, from a different perspective with artist Claudia Comte and curator Neville Wakefield. In 2019, Desert X hosted a series of public activations of Superflex’s Dive-In and screenings with their senior programs. In 2021, though public programing was highly impacted by the COVID-19 pandemic, we engaged local and visiting audiences by deploying docents most Saturdays to popular installation sites and coordinating opportunities for visitors to meet with Desert X artists at their respective installations throughout the Coachella Valley, including a meet-and-greet with artist Eduardo Sarabia at his installation, The Passenger, in Palm Desert. In 2023, Desert X had trained docents every Saturday and Sunday morning at the two installations by Torkwase Dyson and Rana Begum, in the City of Palm Desert. Our team discussed the artists’ works and issues of representation, diversity, human rights, and art with the visitors of the exhibition. 261 PO Box 4050 Palm Springs, CA 92263 USA desertx.org Thank you for your consideration and continued collaboration & support of Desert X. We look forward to discussing this proposal further. We are always open to new ideas and creative ways to bring our partnership to life. Sincerely, Jenny Gil Executive Director jenny@desertx.org +1 760 567 3284 262 YES: 5 NO: 0 ABSTAIN: 0 CONFLICT: 0 ABSENT: 0 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Minute Action Summary Palm Desert City Council - Regular Meeting Agenda Number:13.g. Title:APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25 WORK PLAN Date:Thursday, March 28, 2024 Motion by:Councilmember Kelly Seconded by:Mayor Pro Tem Harnik Approve the Cultural Arts Committee’s Fiscal Year 2024/25 Work Plan. YES: 5 NO: 0 ABSTAIN: 0 CONFLICT: 0 ABSENT: 0 Motion Carried Mayor Pro Tem Harnik Mayor Quintanilla Councilmember Kelly Councilmember Nestande Councilmember Trubee 263 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2024 PREPARED BY: Erica Powell, Management Analyst REQUEST: APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25 WORK PLAN RECOMMENDATION: Approve the Cultural Arts Committee's Fiscal Year 2024/25 Work Plan. BACKGROUND/ANALYSIS: On February 14, 2024, the Cultural Arts Committee (CAC) established the following priorities for the FY 2024/25 Work Plan. •2025/26 El Paseo Sculpture Exhibition -Located in the median on El Paseo between Hwy 74 and Portola, eighteen (18) sculptures are displayed for two (2) years. A $5,000 honorarium is awarded to each artist. One (1) year preparation from the Call for Entries to Installation. From July 2024 to early 2025, staff will be working with the new artists on contracting and plans for installation, as well as the current artists on plans for deinstallation and pick up of sculptures. •San Pablo Phase II Roundabout Sculpture: Dueling Palms by Kyle Absolom -After the Call for Entries was released in early 2021 for a sculpture to be installed in the roundabout at San Pablo Avenue and San Gorgonio Way, the top two (2) finalists were selected by the City Council and the community voted on their favorite. The runner up, Dueling Palms by Kyle Absolom, was so well received by the community that the Cultural Arts Committee and the City Council suggested it be considered for installation in the San Pablo Phase II roundabout located at the entrance of the Civic Center and College of the Desert. Staff will bring this forward for review in the next few months and if approved, work will commence in FY 2024/2025. •2025 Desert X Sponsorship -Desert X is an internationally renowned contemporary art exhibition that runs biannually each spring throughout the Coachella Valley. Since its inception in 2017, the City has provided sponsorship funding and hosted at least two exhibition sites for each Desert X exhibition. Funds are normally used towards exhibition support and the creation of free public programming. This exhibition engages the local community and has worked to develop educational programming for the local school districts. If funding for the 2025 exhibition is approved, staff will work with the organizer on a sponsorship agreement and permitting for at least two (2) exhibition sites. 264 City of Palm Desert Approve CAC FY 2024/2025 Work Plan Strategic Plan: The Cultural Arts Committee's FY 2024/25 Work Plan is in line with the Arts & Culture Mini­ Vision contained in the Strategic Plan, which states: "Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts and education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills. FINANCIAL IMPACT: Funding for the priorities listed in the CAC's FY 2024/25 Work Plan will be included in the FY 2024/25 Public Art Budget for the City Council's consideration. ATTACHMENT: 1 . CAC Priorities FY 2024/2025 -Power Point Presentation 265 2024/2025 WORKPLAN GOALS Palm Desert Cultural Arts Committee February 14, 2024 -Regular Meeting 266 BACKGROUND -WHY ARE WE HERE? •Receive Committee Input and Direction pertaining to goals and priorities for the Fiscal Year 2024/2025 •Select three (3) priorities as a Committee •Present items in the form of a workplan to Council for approval 267 CULTURAL ARTS COMMITTEE PRIORITIES Ranking Priority Justification 1 2 3 4 5 El Paseo Sculpture Exhibition San Pablo Roundabout Phase 11 - Dueling Palms Desert X Te mporary Installation at the southeast corner of Fred Waring and San Pablo Ave Community Art Gallery, establish new location and action plan •The exhibition is in the central shopping district and receives frequent foot traffic.•Exhibition adds elegance and style to El Paseo . •Received community's involvement and support of the City Council. •Participate in an internationally recognized contemporary art exhibition in associated with the other communities in the Coachella Valley.•The exhibition puts Palm Desert on the map as a significant art and cultural destination.•Attracts locals and tourists . •Highly visible location. 268 DISCUSSION 2024/2025 WORKPLAN GOALS 4 Select three (3) top priorities Page 148 of 382269 270 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT SHORT-FORM SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 9th day of January, 2025, 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 Desert Biennial, a non-profit 501(c)3 organization, with its principal place of business at P.O. Box 4050, Palm Springs, California 92263 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." The City is a public agency of the State of California and is in need of services for the following project: 2025 Desert X Exhibition Project (hereinafter referred to as “the Project”). 2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached hereto as Exhibit “A” and incorporated herein by this reference. 3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all materials, labor, tools, equipment, water, light, power, transportation, and superintendence of every nature and all other services and all facilities necessary to execute, complete, and deliver the services as particularly described in the Scope of Services (“Services”) attached hereto as Exhibit “B” and incorporated herein by this reference. The Services shall be completed in a timely manner and in accordance with the Schedule of Services set forth in Exhibit “B”. 4. Term. The term of this Agreement shall be from January 9, 2025, to June 30, 2025, unless earlier terminated as provided herein. 5. Compensation. Vendor shall receive compensation for Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this reference. The total compensation shall not exceed Thirty-Five Thousand Dollars ($35,000) per fiscal year (“Agreement Price”). Vendor’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City on a monthly basis. The City shall review and pay all non-disputed and approved charges on such invoices in a timely manner. Vendor shall submit its final invoice to the City within thirty (30) days from the last date of Services performed and failure to do so shall result in a waiver of payment from the City. 6. Insurance. In accordance with Exhibit A, Section C of the Terms and Conditions, Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies in a form satisfactory to the City. Commercial General Liability Insurance: $1,000,000 per occurrence/$2,000,000 aggregate. $2,000,000 per occurrence/$4,000,000 aggregate. Automobile Liability: $1,000,000 combined single limit for bodily injury and property damage. Workers’ Compensation: DR A F T 271 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City and their respective officers, agents, employees, volunteers, and representatives. Professional Liability (Errors and Omissions): Errors & Omissions liability insurance with a limit of not less than $1,000,000 per claim and in the aggregate. [SIGNATURES ON THE NEXT PAGE] DR A F T 272 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND DESERT BIENNIAL 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 DESERT BIENNIAL, A 501(C)3 By: Its: Printed Name: City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval DR A F T 273 Contract No. ___________ Exhibit “A-1” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” TERMS AND CONDITIONS FOR SERVICES 1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor 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. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. Vendor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 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. If the work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Vendor agrees to fully comply with such Prevailing Wage Laws, including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement. 2. Standard of Care. The Vendor shall perform the Services in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions. 3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement: A. Commercial General Liability Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001). 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 for bodily injury and property damage including coverage for owned, non-owned, rented, and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Code 1 (any auto); C. Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance; and if applicable, as determined by the City’s Risk Manager, D. Professional Liability (Errors and Omissions) that covers the Services to be performed in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Vendor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, and their elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm Desert or their elected or appointed officers, agents, officials, employees, volunteers, and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. Workers’ compensation coverage shall have an endorsement in favor of the City of Palm Desert, and their respective officers, agents, employees, volunteers, and representatives. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A-:VII" rating according to the latest Best Key Rating unless otherwise approved by City’s Risk Manager. Vendor shall add the City, and their respective officers, officials, employees, agents, volunteers and representatives as additional insureds on Vendor’s Commercial General Liability, Automobile Liability, and if applicable, Pollution Liability and Cyber Liability policies. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance (i.e., pollution, cyber, and fidelity coverages) required by giving the Vendor advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City’s choosing), indemnify and hold the City, and their respective 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 (collectively, “Claims”), in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor’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. Vendor’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 or the City, or their respective officials, officers, employees, agents, volunteers or representatives. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’s performance as a “design professional” (as that term is defined under Civil Code § 2782.8), then, and only to the extent required by Civil Code § 2782.8, which is fully incorporated herein, Vendor’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 Vendor, and, upon Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s proportionate percentage of fault. 5. Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by the City of any portion of the Services completed prior to termination. The City shall not be liable for any costs DR A F T 274 Contract No. ___________ Exhibit “A-2” Revised 01-2024 BBK 72500.00001\32374915.1 other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar day’s written notice to the City only in the event of the City’s failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 7. Changes. By written notice, the City may from time to time, make changes to the Services furnished to the City by Vendor. If such change causes an increase or decrease in the Agreement Price or in the time required for performance, Vendor or the City shall promptly notify the other party thereof and assert its claim for adjustment within fifteen (15) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this clause shall excuse the Vendor from proceeding immediately with the Agreement as changed. 8. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third-party beneficiaries of any right or obligation of the Parties. This is an integrated Agreement representing the entire understanding of the Parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. 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. The captions of the various 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. The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. Vendor warrants that the individual who has signed this Agreement has the legal power, right, and authority to make this Agreement and bind the Vendor hereto. DR A F T 275 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “B” SCOPE OF SERVICES; SCHEDULE OF SERVICES 1. Contractor shall provide and install a minimum of two (2) sculptures within the City of Palm Desert on either City or private property. 2. Contractor shall work with City staff to comply with the Americans with Disabilities Act (ADA) requirements. 3. Contractor shall be responsible for obtaining all appropriate permits and/or inspections from City or any other appropriate agency. 4. Contactor will ensure that Sculpture is available to the public from dawn until dusk and into the evening, if appropriate, seven (7) days per week unless otherwise mutually agreed upon by both parties. 5. Contractor shall advertise and promote the City of Palm Desert within its pre- exhibition advertising, onsite, post-exhibition, and online advertising through the following: a. Inclusion of the City of Palm Desert's logo on the Desert X website and all appropriate print and digital materials; b. Recognition of the City of Palm Desert's sponsorship in signage at the location of the installation; c. Mention of the City of Palm Desert as a sponsor on all press releases; and d. Any other appropriate locations/outlets as negotiated by both Parties. DR A F T 276 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “C” COMPENSATION 1. The City shall pay the Vendor a sponsorship fee in the amount of $35,000. The payment shall be remitted as follows: a. If Sculpture installed on Private Property, 2 Site Locations: $17,500 due within thirty (30) days of fully executed contract, and $17,500 due by May 11, 2025; i. If only one site location is used, only one payment of $8,750 due within thirty (30) days of fully executed contract, and $8,750 due by May 11, 2025. b. If Sculpture installed on City Property, 2 Site Locations: $17,500 due within thirty (30) days of fully executed contract, $8,750 by April 30, 2025, and $8,750 within thirty (30) days of deinstallation and restoration of the installation site(s). i. If only one site location is used, a payment of $8,750 due within thirty (30) days of fully executed contract, and $8,750 due within thirty (30) days of deinstallation and restoration of the installation site(s). 2. In addition to in kind staff support through the City permitting process, the City shall waive all permit and inspection fees associated with the Exhibition. DR A F T 277 278 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Lucero Leyva, Senior Project Manager Ryan Gayler, Capital Projects Manager SUBJECT: AWARD CONSTRUCTION CONTRACT FOR PROJECT CFA00010 FIRE STATION 102 NEW BUILD AND ONSITE IMPROVEMENTS RECOMMENDATION: 1. Find the bids submitted by TBSC System Alarms, Inc., and Keystone Builders, Inc., to be non-responsive. 2. Award Construction Contract in the amount of $14,838,686 to Caliba, Inc., of Stanton, CA, for the Fire Station 102 – Onsite Improvements Project CFA00010. 3. Authorize the Director of Finance to set aside a contingency in the amount of $1,484,000. 4. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170 B of the Palm Desert Municipal Code 5. Authorize the Director of Finance to appropriate $16,000,000 from Fire Fund 230, Unobligated Funds to account 2304220-4400200, Fire Fund Capital Projects. 6. Authorize the City Attorney to make any necessary, nonmonetary changes to the agreement. 7. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith 8. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. BACKGROUND/ANALYSIS: In 2021, the City Council authorized staff to retain The Matrix Consulting Group to conduct a Fire Station Location Study for the City of Palm Desert. On February 14, 2022, staff presented the Matrix Study findings to the City Council, which concluded that unit utilization and call volumes were high in Stations 71 and 33, negatively impacting response times. It was recommende d that the City plan and construct a fourth fire station just north of the intersection of Gerald Ford Drive and Frank Sinatra Drive to better serve the existing and developing communities around it. The Fire Station 102 – New Build and Onsite Improvements Project CFA00010 design contract was awarded to PBK Architects on January 26, 2023. Since its award, the following actions have been taken in support of this effort:  January 9, 2024 – The Architectural Review Committee approved the design package of Fire Station 102  February 6, 2024 – The Planning Commission approved the project’s entitlement package  June 10, 2024 – PBK initiated the plan review process with the Planning and Building and Safety Departments  November 7, 2024 – Chief Building Official approved the Fire Station 102 building plans 279 City of Palm Desert Award Contract for Project CFA00010 Fire Station 102 New Build and Onsite Improvements Page 2 of 3 Request for Bids: City staff advertised the project on November 7, 2024, via the City’s procurement site, OpenGov. The following bids were received on December 17, 2024, at 2 pm: Contractor Location Total Bid TBSC System Alarms, Inc. Palm Desert, CA $25,000 Keystone Builders, Inc. Anaheim, CA $10,856,000 Caliba, Inc. Stanton, CA $14,838,686 Oakview Constructors, Inc. Calimesa, CA $15,568,000 FEC Future Contractors and Engineers, Inc. Irvine, CA $15,787,262 RC Construction Services Redlands, CA $16,180,919 The construction manager's estimate for the construction of Fire Station 102 is $12,000,000. Staff reviewed all the bids submitted and determined that TBSC System Alarms bid was disqualified due to providing an incomplete bid package. Keystone Builders notified City staff on December 18, 2024, of their request to withdraw their bid proposal citing Public Contract Code 5103. The contractor stated that an error was made in filling out the bid, making their bid materially different than intended. Legal counsel has reviewed the letter and recommended that the request be approved, making the bid non-responsive. The fourth lowest bidder, Oakview Constructors, Inc., submitted a protest letter asserting that Caliba, Inc.’s bid should be found non-responsive, claiming that Caliba lacks the necessary specialty license for certain parts of the project work. However, after reviewing the protest letter and Caliba's response, our City attorney’s office has determined that Caliba holds a Class B license, which is sufficient for self-performing the specialty work. Additionally, Caliba has confirmed that they do not plan to use a subcontractor for the specialty work. Given this information, Oakview's protest lacks merit, as Ca liba, Inc. meets the necessary licensing requirements for the project. Therefore, based on the review, Caliba’s bid should be considered responsive. City staff contracted with Anser, one of the City’s on-call construction management vendors, to review and analyze the bid package submitted by Caliba, Inc. Upon completing their review, Anser agreed that Caliba, Inc., was the lowest responsive bidder. References were contacted, and they confirmed that the contractor has successfully completed projects of simi lar scope, within budget and on schedule. Staff recommends awarding the contract to Caliba, Inc., in the amount of $14,838,686. Strategic Plan: This project will allow the city to meet the “Public Safety & Emergency Service – Priority 1: Enhance the delivery of public safety services” of the strategic plan. Legal Review: This report has been reviewed by the City Attorney’s Office. 280 City of Palm Desert Award Contract for Project CFA00010 Fire Station 102 New Build and Onsite Improvements Page 3 of 3 FINANCIAL IMPACT: Funds for this project were included in the Fiscal Year 2024/25 Capital Improvement Project (CIP) Budget, however, staff requests appropriations from the Fire Fund to prioritize the appropriate funding source. The contract to construct the new fire station will not utilize general fund dollars. However, the ongoing costs associated with the operation and maintenance of Fire Station 102 are an estimated $38 million over the next five years. The following table provides the current project budget: Description Account Budget Cost FY 24/25 Budget - Fire Station 102 2304220-4400200 $ 2,745,900 Requested Appropriation 2304220-4400200 16,000,000 Pending GC Contract $14,838,686 Contingency 1,484,000 Remaining Budget for Other Costs 2,423,214 Totals $18,745,900 $18,745,900 ATTACHMENTS: 1. CFA00010 FS 102 – Onsite Improvements Contract 2. CFA00010 FS102 – Payment and Performance Bonds 3. Caliba, Inc. Bid 4. FS 102 Vicinity Map 5. FS 102 Rendering 281 282 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374943.1 CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this 9th day of January, 2025, 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 Caliba, Inc., a Corporation, with its principal place of business at 8031 Main Street, Stanton, CA 90680 ("Contractor"). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: FS 102 New Build and Onsite Improvements Project Project No. CFA00010 (hereinafter referred to as “the Project”). Construct a fourth fire station, Fire Station #102. The facility is approximately 11,380 square feet, one story structure that will include 3 Apparatus Bays for emergency vehicles, a day room, kitchen, sleeping quarters, a fitness room, and offices, to be constructed in accordance with the plans and specifications provided. Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 260 working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Fourteen Million, Eight Hundred Thirty-Eight Thousand, Six Hundred Eighty-Six Dollars ($14,838,686). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Calendar Day completion of the Project is delayed beyond the Contract Time. Because of the 283 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 284 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION AND INSURANCE A. Indemnification 1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to 285 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance 1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions: 286 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. 6. Fidelity Coverage. Reserved. 7. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. C. Other Provisions or Requirements 1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 287 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any 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 288 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 289 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE] 290 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND CALIBA, 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 CALIBA, INC., A CORPORATION By: Adam Othman President By: Adam Othman CEO Contractor’s License Number and Classification DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 291 292 Contract No. ___________ Revised 11-2-20 BBK 72500.00001\32374915.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Caliba, Inc, (hereinafter referred to as the “Contractor”) an agreement for CFA00010 FS102 New Build and Onsite Improvements (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated November 7, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Caliba, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Fourteen Million, Eight Hundred Thirty-Eight Thousand, Six Hundred Eighty-Six Dollars, ($14,838,686), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the 293 Contract No. ___________ lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 294 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By ____________________ ____ Printed name: _______________________ Title: ______________________________ (Corporate Seal) Surety By: ________________________________ Printed Name: _______________________ Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 295 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared ___________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 296 Contract No. ___________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared _____________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 297 Contract No. ___________ PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed January 9, 2025, has awarded to Caliba, Inc, hereinafter designated as the “Principal,” a contract for the work described as follows: CFA00010 FS102 New Build and Onsite Improvements Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated November 7, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Fourteen Million, Eight Hundred Thirty- Eight Thousand, Six Hundred Eighty-Six Dollars, ($14,838,686) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 298 Contract No. ___________ attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 299 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By ____________________ ____ Printed name: _______________________ Title: ______________________________ (Corporate Seal) Surety By: ________________________________ Printed Name: _______________________ Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 300 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 301 Contract No. ___________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 302 CFA00010 - Fire Station 102 New Construction and Onsite Improvements Caliba, Inc. Line Item Description Quantity Unit of Measure Unit Cost Total 1 Division 1 - General Requirements 1 LS $747,564.00 $747,564.00 2 Division 2 - Site Work 1 LS $84,750.00 $84,750.00 3 Division 3 - Concrete 1 LS $562,740.00 $562,740.00 4 Division 4 - Masonry 1 LS $615,341.00 $615,341.00 5 Division 5 - Metals 1 LS $1,068,980.00 $1,068,980.00 6 Division 6 - Woods and Plastics 1 LS $1,548,100.00 $1,548,100.00 7 Division 7 - Thermal and Moisture Protection/Methane Mitigation 1 LS $441,265.00 $441,265.00 8 Division 8 - Doors and Windows 1 LS $968,975.00 $968,975.00 9 Division 9 - Finishes 1 LS $1,467,836.00 $1,467,836.00 10 Division 10 - Specialties 1 LS $203,965.00 $203,965.00 11 Division 11 - Equipment 1 LS $380,810.00 $380,810.00 12 Division 12 - Furnishings 1 LS $24,295.00 $24,295.00 13 Division 21- Fire Suppression 1 LS $109,610.00 $109,610.00 14 Division 22 - Plumbing 1 LS $565,000.00 $565,000.00 15 Division 23 - Heating, Ventilating and Air Conditioning 1 LS $696,080.00 $696,080.00 16 Division 26 - Electrical 1 LS $2,299,550.00 $2,299,550.00 17 Division 27 - Communications 1 LS $254,250.00 $254,250.00 18 Division 28 - Electronic Safety and Security 1 LS $85,880.00 $85,880.00 19 Division 31 - Earthwork 1 LS $565,000.00 $565,000.00 20 Division 32 - Exterior Improvements 1 LS $1,255,995.00 $1,255,995.00 21 Division 33 - Utilities 1 LS $892,700.00 $892,700.00 $14,838,686.00Total 303 304 North Sphere Fire Station (FS 102) 75665 Gerald Ford Drive 1 2.5-acre site owned by City CO O K S T R E E T FRANK SINATRA DRIVE 305 306 307 308 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Angelique Hodges, Management Aide Shawn Muir, Community Services Manager Chris Escobedo, Assistant City Manager SUBJECT: APPROVE AMENDMENT NO. 8 TO CONTRACT NO. C36620 WITH FAMILY YMCA OF THE DESERT FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER RECOMMENDATION: 1. Approve Amendment No. 8 to Contract No. C36620 to update the terms, management fee, and scope of work with the Family YMCA of the Desert (YMCA), of Palm Desert, California. Contract term is July 1, 2025 to June 30, 2030, with the option to extend for three additional one-year terms, ending June 30, 2033. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the amendment. 3. Authorize the City Manager to execute Amendment No. 8 for Contract No. C36620 . Funds will be included as part of the proposed FY 2025-26 Annual Budget in the Aquatic Center Special Revenue Fund Accounts as referenced in the Fiscal Impact. BACKGROUND/ANALYSIS: The Palm Desert Aquatic Center (PDAC) is a year-round public recreational facility located in Palm Desert, California, that serves as a valuable resource for both residents and visitors. The center offers a wide range of aquatic activities, including leisure swimming, water safety training, fitness programs, and competitive events. The Family YMCA of the Desert has been the contract management and staffing provider for PDAC since its opening in 2011. Recently, Contract No. C36627 (Amendment No. 7) was executed to extend the YMCA's management under the 2018 original executed agreement, Contract No. C36620. This current contract has been amended several times, with seven extensions addressing various elements such as scope of services, fee adjustments, and contract term extensions. Over the past year, City staff has worked closely with YMCA staff to develop monthly key performance indicators, improve financial reporting, and assess operational and capital needs at PDAC. Revenue has increased through strategic fee adjustments, special events (e.g. Dive-In Movies and 4th of July), increasing food items at the cafe, facility rentals, and collaborating with our marketing teams through various social media channels. Through these negotiations, staff has refined the scope of work with the YMCA, particularly in areas such as reporting requirements and clearly defined roles and responsibilities. Additionally, City staff has received a detailed breakdown of the management fee and its components. The proposed contract term extension aims to provide greater stability, reaffirming the City’s 309 City of Palm Desert PDAC Amendment No. 8 Page 2 of 3 commitment to maintaining high-quality service at the facility while setting clear expectations for the future. In addition to the ongoing improvements at the Aquatic center, a pool pump room renovation project is planned in the new year, with an estimated eight week construction timeframe. This will involve necessary upgrades to the outdated pool equipment and other component to the pool, aimed at enhancing the facility and providing a better experience for all visitors. During this period, services at the facility may be temporarily suspended to accommodate the renovation work, and City staff will communicate these changes clearly with the public. The City is fully committed to facilitating the success of this project and ensuring that the upgrades are completed as efficiently and smoothly as possible. City staff will work closely with the YMCA management team, the contractors, and the public to provide all relevant information and support throughout the duration of the closure. This collaboration will include timely updates on project milestones, effective communication with the community regarding the temporary suspension of services, and assistance in minimizing any disruptions to the overall operations of PDAC. Additionally, City staff will ensure that all logistical and operational requirements are met to ensure the facility’s safe and prompt reopening after the upgrade. To mitigate the impact of the closure on YMCA staff, the City has established a not -to-exceed amount of $250,000 to cover any unemployment -related costs incurred by the YMCA in order to retain staff. This provision will support staff during the temporary halt of operations, allowing them to receive necessary assistance while enabling the YMCA to resume its services seamlessly once the pool room upgrade is completed. Th is proactive approach underscores the City’s ongoing commitment to supporting both the facility’s employees and the community, ensuring that PDAC continues to provide high-quality services upon reopening. Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: Maintaining high-quality facility management and staffing at the Palm Desert Aquatic Center (PDAC) is essential to preserving the City's premier recreational asset. The proposed action aligns with the Strategic Plan’s objectives by enhancing access to comprehensive recreational opportunities for both residents and visitors. FINANCIAL IMPACT: The costs associated with amending the contract, management fee adjustment, and scope of services are included in the Exhibit to Attachment 9 (Amendment 8 “Scope of Services.”) The YMCA is not requesting any increase in its management fee as approved in the FY 2024 -25 contract (Amendment No. 7). The proposed management fee will be reduced from the FY 2024 - 25 fee due to cost savings in Management Personnel and other overhead from $210,442 to $177,889.20 annually and paid monthly at $14,824.10 per month. The management fee breakdown is below: 310 City of Palm Desert PDAC Amendment No. 8 Page 3 of 3 PDAC Management Fee Breakdown PDAC Cost per item Management Personnel (3 staff part time) $103,760 Payroll Software 13,200 Operating/Accounting Software 5,250 Accounts Payable Software 180 Finance& Accounting 27,000 Information Technology 9,900 Human Resources 6,000 Annual YMCA Dues 12,600 Total Fixed Annual Management Fee $177,889.20 Other costs for the operation of the PDAC such as staff salaries, supplies, performance consultant support services and maintenance will be included in the Public Works FY 2025-26 Annual Budget request. ATTACHMENTS: 1. Original Executed Agreement (C36620) 2. Executed Amendment No. 1 (C36621) 3. Executed Amendment No. 2 (C36622) 4. Executed Amendment No. 3 (C36623) 5. Executed Amendment No. 4 (C36624) 6. Executed Amendment No. 5 (C36625) 7. Executed Amendment No. 6 (C36626) 8. Executed Amendment No. 7 (C36627) 9. Proposed Amendment No. 8 (C36628) 311 312 I I T y Of Fn'!M 73- 510 FRED WARING DRIVE PALM DESERT, CALIFORNIA gzz60-z578 TEL: 76o 346—o6ii info@cityofpalmdesert. org June 11, 2018 Family YMCA of the Desert 43- 930 San Pablo Avenue Palm Desert, California 92260 Dear Sir or Madam: Subject: Contract No. C36620 — Professional Services for Management and Staffinq of the Palm Desert Aquatic Center At its regular meeting of May 10, 2018, the Palm Desert City Council, by Minute Motion: 1) Awarded subject contract for Professional Services to Family YMCA of the Desert, Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center; 2) authorized the Mayor to execute said agreement. Enclosed is a fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK: mgs Enclosure ( as noted) cc/ enc: Johnny Terfehr, Management Analyst Finance Department A0 ll L PAINTED DN RE(I(LED PAPER 313 c.ONTRACT N0. C36620 AGREEMENT: THIS AGREEMENT, made and entered into this 10th day of May, 2018., by: and between THE CITYOF PALM DESERT, a.municipal corporation, hereinafter referred to as "CITY" and- FAMILY YMCA OF— THE DESERT;- hereinafter referred to .as CONSULTANT". WITNESSETH: . WHEREAS;: CONSULTANT i a corporation, the principal members of which are Professional CONSULTANTS duly registered under the laws of. the State of California; and WHEREAS,: CITY desires: to. engage CONSULTANT to render.certain technical and professional services as.:set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) in • connection with the management .and operation of the City of Palm Desert. Aquatic Center, Exhibit "B" (Request for Proposal for :Contract No. C36620 .issued January 10,-2018), and within the financial constraints of the Palm -Desert Aquatic Center Program Budget as forth in Exhibit:"C" (as may be:'amended from year to year by the City Councilthrough the annual budget process). Exhibit A, Exhibit B, and Exhibit-C. are all attached hereto and by reference incorporated herein and made a part hereof..: NOW, THEREFORE, the parties hereto agree as follows: 1) TERM:. 1.1) The term: of this Agreement shall commence on July .1.; :2018 Commencement Date") and continue through June 30; 2019 (`Termination Date"). 314 RECEIVED CITY CLERK'S OFFICE PALM DESERT, C;; 2010 JUN -I AM 8: 47 315 z'; NTRACT NO. C36620 1.2) The CITY, at its option, may extend the -term of this Agreement for up to four 4) one-year_ contract extensions based on CONSULTANT'S performance and mutual agreement. In .the event of the .exercise of. such .option by the CITY, all other terms of this. Agreement shall. remain the same, except for -the new.Termination Date, as -agreed to by the Parties. 2) CITY hereby agrees to engage :CONSULTANT- to -perform the, technical and/or professional services -as hereinafter -set forth. 3) CONSULTANT shall perform all- work : necessary within _ the schedules provided herein to complete the services.set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. 4) All information, data, reports and records and maps as are existing and available from the CITY and necessary for the carryings out of the work outlined in. Exhibit "A" hereof shall be furnished to. CONSULTANT without charge by CITY and CITY shall cooperate in every way:.reasonable in, the carrying out .of :th:e work without: delay. CONSULTANT agrees to work closely with City staff in :the performance .of services and shall be available to City's staff ,:cons ultants 'and, other staff at'allreasonable times. 5) CONSULTANT represents that, it employs or will employ at its own expense, all personnel required- in performing the services under this Agreement. CONSULTANT certifies that'it is aware of the provisions of Secti6n: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 316 v. 1 4,,)NTRACT NO. C36620 of the services. CONSULTANT verifies 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. 6) All of the services required hereunder will be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted understate and local law to perform such services. 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. As provided for in the indemnification provisions 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 for herein. Any employee of the CONSULTANT or its sub -consultants who is determined by the City to be uncooperative, incompetent, 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 by the CONSULTANT and shall not be re-employed to perform any of the services. 317 w NTRACT NO. C366 20 7)' The execution :of: this Agreement bV the parties: hereto does not: constitute. anauthorization toproceed. CITY's:Director of Community Development, has not authorized. CONSULTANT to proceed. 8) Designee of the City: Until such. time as CONSULTANT shall have received written notice to -the. contrary, the "designee of the City: as that term is used herein, shall .be the City Manager: 9) The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee : working solely. for the consultant,. to solicit or secure this Agreement, and that he has not paid or agreed to.pay any company or person, other. than a bona fide employee working solely for the consultant, any fee, commission, percentage; brokerage . fee, gifts, or any: 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 annul this -Agreement without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10) The right is. reserved by the CITY to terminate. the Agreement.at any time and without cause upon seven (7).. days written notice to CONSULTANT of such termination,: and s eci in ' the effective date thereof.: In :an such. case the pg: Y CONSULTANT shall. be paid the reasonable value_of the services rendered, based uporl. a pro rata -portion of CONSULTANT'S Fixed :Management Fee;. up to the:time of the termination.. The CONSULTANT shall Keep adequate records to. substantiatecosts and 318 WNW TRACT NO. C36620 provide copies of original timecards in the event of termination or suspension. CONSULTANT may not terminate this Agreement except for cause. 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. 11) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports.and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re -use or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such re -use or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. 12) The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work and shall give all notices required by law. CONSULTANT shall be liable for all violations of such laws and regulations in connection with services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom. CONSULTANT shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, 319 NTRACT NO. C36620 pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 13) No change in the character or extent of the work to be performed by the CONSULTANT shall be made except by supplemental authority in writing between CITY and the CONSULTANT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by CITY to the CONSULTANT, if any. 14) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONSULTANT shall take affirmative actions to insure equal employment opportunity and that employees are treated, during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. 15) The CITY agrees to pay the CONSULTANT a fixed Management Fee for the period of this Agreement to the expiration of the term, CONSULTANT shall receive a "Fixed Management Fee" of $13,750.00 per month. The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice. 320 NTRACT NO. C36620 In: addition to the Fixed:Management.Fee, the CITY shall, on a monthly basis, reimburse :. CONSULTANT for costs and_ expenses incurred by CONSULTANT in performing =the services. under this' Agreement as identified in. Exhibit "A of. this. Agreement. However; CONSULTANT. shall not ' exceed the- Palm Desert Aquatic Center Program Budget Program :Budget") amount without priorconsent of the City :Council. The Program Budget is included herein as Exhibit."C" 16) Aquatic Center Accounts —The Aquatic Center shall cause -to be . established bank accounts for. the operations of the Aquatic Center of a banking institution which banking :institution shall be determined by the City), such accounts to be in the City's name: CONSULTANT will collect and deposit daily in the Aquatic Center Accounts designated by the City all monies: received from the operations of the Aquatic Center. 16.1) All revenues generated by the Aquatic Center shall be the property of the City.: Revenue collection procedures shall be in accordance with the: method approved by the City.: - The deposit shall be made with'..the bank no later -than the next business day following the date on which -the revenues are collected. A duplicate'copy of - the deposit receipt identifying, the amount'collected by CONSULTANT and.its deposit with the bank shall be delivered by CONSULTANT to the designee of the City on a weekly basis, or, .at the option of the City, CONSULTANT shall provide the City with a weekly bank. deposit report via a computerized "on-line" reporting system. Until such monies .or other=things. of. value have been .deposited in the City's account and. verified by the. bank. in accordance with this Agreement, CONSULTANT bears_ all risk of. loss_ therefore, including, but not limited to, damage destruction, disappearance, theft, fraudulent,or any dishonest or unlawful act,: or other 321 NTRACT NO. C36620 hazard, irrespective of location and whether by CONSULTANT's employees or any other person or entity. Should such an event or act occur, CONSULTANT shall notify as soon as possible the designee of the City and the County Sheriff and CONSULTANT shall prepare a report of such incident. CONSULTANT shall notify the City of any operational changes deemed necessary by CONSULTANT to safeguard the City's monies or things of value. 16.3) CONSULTANT shall require of the bank holding the City's funds that all funds be secured to such an extent and in such a manner as is required by applicable law in connection with the deposit of funds of a public entity. 16.4) Accounting System: CONSULTANT shall design, establish, implement and maintain procedures for the accounting and control of the revenues from the time of their collection by CONSULTANT to the time of deposit at the bank. This shall include a system of internal controls to account for all gross revenues. Such procedures shall include each of the accounting and cash control processes identified recommended by CONSULTANT and approved by the designee of the City, which approval shall not unreasonably be withheld. 16.5) Books and Records: CONSULTANT shall maintain in accordance with GAAP (Generally Accepted Accounting Principles) adequate books of account with respect to its management and operations of the facilities and shall maintain such books at its local offices in Palm Desert, California. CONSULTANT shall keep full an accurate books of account and such other records as are necessary to reflect the results of the operation of the Aquatic Center. For this purpose, CONSULTANT agrees it will make available to the City at all times all books and records in CONSULTANT's possession 322 It" 11 )NTRACT NO. C36620 relating to the Aquatic Center, including contract documents, invoices and construction records. All accounting records shall be maintained in accordance with GAAP and shall be maintained in a cash format for each Operating Year. All such books, records, and reports shall be maintained separately from other facilities operated by CONSULTANT. CONSULTANT agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Aquatic Center, and such controls shall provide checks and balances designed to protect the Aquatic Center, CONSULTANT, and the City. CONSULTANT shall maintain all financial and accounting books and records for a period of at least three years after the expiration or earlier termination of this Agreement, and the City shall have the right to inspect and audit such books and records during such period as provided below. CONSULTANT shall provide the City with a verification and accounting system as directed by the City for all monies, gross receipts, revenues, fees and charges collected at the Aquatic Center. Such system shall include: a) Recordation of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer's receipt. The cash registers used by CONSULTANT shall be approved by the City. Said cash registers shall in all cases have locked in sales total transaction counters that are constantly accumulating and which cannot, in any case, be reset, and in addition, a tape loaded within the cash registers on which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record. In the event of a mechanical or electrical failure of cash register, CONSULTANT shall record by hand all collections and issue a customer receipt in like manner. 323 Y)NTRACT NO. C36620 b) Entry of each and every Aquatic Center users name on entry log. c) Totaling of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail tapes. d) Maintenance of a daily log book detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category. 16.6) Inspection: The City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by CONSULTANT in connection with the operation of the Aquatic Center. All such books and records shall be made available to the City at the Aquatic Center, unless the City and CONSULTANT agree upon another location. The CONSULTANT, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Aquatic Center on an annual basis. The City's rights under this Section shall continue after termination of this Agreement. 16.7) Reports to City: CONSULTANT shall deliver to the City the following financial statements, in a form reasonably acceptable to the City: 16.7.1) Within 20 days after the end of each calendar month, a statement of Gross Revenues, showing the results of operation of the Aquatic Center for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all Gross Revenues, Aquatic Center Expenses and the Fixed Management Fee. Such statements shall include a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City. Such statement shall be 324 1 ' NTRACT NO. C36620 certified as correct by an authorized financial officer of CONSULTANT. Such statement shall be in a form reasonably acceptable to the City; and 16.7.2) Within 30 days after the end of each Operating Year, a statement of profits, losses, and Gross Revenues, showing the results of operation of the Aquatic Center for such Operating Year which statement shall include sufficient detail to reflect all Gross Revenues, Aquatic Center Expenses, the Fixed Management Fee, and the Percentage Management Fee (if applicable) for such period. Such statement shall be certified as correct by an authorized officer of CONSULTANT. Such statements shall include a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the designee of the City. If requested by the designee of the City, and at the sole expense of the City, these financial statements shall be certified by an independent certified public accountant acceptable to the designee of the City and provided to the City within 90 days after the end of the Operating Year. CONSULTANT shall provide to the designee of the City, within 30 days of end of each calendar month, that calendar month's payroll register by department and individual. If CONSULTANT fails to provide to the City any monthly or annual statement at the time and in the manner specified in this Agreement, this failure shall constitute a material default under this Agreement and the City shall have the right, in addition to any other rights or remedies it may have under this Agreement, to conduct an audit to determine these sales, and CONSULTANT shall immediately reimburse the City for the cost of the audit on written demand by the City. If the actual monthly or annual Gross Revenues shown by any audit of the City (whether hereunder or under Sections 16.5 or 16.6) is found to be three percent or greater than the amount of the Gross 325 1 NTRACT NO. C36620 Revenues shown on the statement provided by CONSULTANT, or if there are any other material irregularities, the overstatement or such irregularities shall be deemed willful and the City may terminate this Agreement upon written notice given at any time within 60 days after receipt of the audit by the City. If at any time CONSULTANT causes an audit of CONSULTANT's business at the Aquatic Center to be made by an independent accountant, CONSULTANT shall furnish the City a copy of the report of this audit at no cost to the City, within ten days after CONSULTANT's receipt of the audit report. 16.8) CONSULTANT Payroll and Accounting Software: CONSULTANT shall provide the City with all computerized data in a format acceptable to the designee of the City. 17) Publicity: Any commercial advertisements, press releases, articles, or other media information using the City's name shall be subject to the prior approval of the City, which approvals shall not be unreasonably withheld. 18) This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 20) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the CITY. 326 NTRACT NO. C36620 21) The CONSULTANT shall be an independent contractor, not an employee of the CITY. 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. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's 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 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. 22) Prohibited interests are as follows: No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the City Council, officer or employee of the CITY has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. 327 r`ONTRACT NO. C36620 The CONSULTANT hereby covenants that 'he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. 23) To the fullest extent permitted by law, CONSULTANT shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents 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 alleged acts, errors or omissions, or willful misconduct of CONSULTANT, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the CONSULTANT's services, the project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses. To the fullest extent permitted by law, CONSULTANT shall defend, with counsel of City's choosing and at CONSULTANT's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered directly above that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. CONSULTANT shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. CONSULTANT 328 NTRACT NO. C36620 shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. CONSULTANT shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by. each of them in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. The CONSULTANT shall submit to CITY, prior to the issuance of the Notice to Proceed, certification of adequate coverage for "errors and omission" insurance in amounts approved by the City Attorney. Any such insurance shall not be canceled prior to written notice to and approval from the CITY. 24) The City shall not be responsible for payment for services by the CONSULTANT that are directly related to addressing discrepancies, errors, omissions, ambiguities, etc. in services provided by the CONSULTANT. 25) In case of conflicts within the contract documents, the document precedence shall be as follows: a) This Agreement; b) The Request for Proposal issued January 10, 2018 attached as Exhibit B. 329 uONTRACT NO. C36620 c) The CONSULTANT'S Proposal of Services, and any written modifications thereto attached as Exhibit A. 26) This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 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. CONSULTANT shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 27) 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. This Agreement may be signed in counterparts, each of which shall constitute an original. 330 CONTRACT NO. C36620 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT Municipal Corporation Date: &0 - () F - Wi g ATTEST: R LE D: KLAS M. CITY CL RK CITY OF PALM1DESERT, CALIF NIA APPROVED AS TO CONTENT: RYAN STENDELL Director of Community Development FAMILY YMCOTESERT uthorized Signature Date: —/ 8 331 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 2)V166iAi% ) On . Mi+ L,/ before me, A&r Aw6 iD in I i i7i2{I (JU6Ll(i Date Here Insert Name and Title of the Officer personally appeared A,+I t rI J Name of Signerp who proved to me on the basis of satisfactory evidence to be the persono whose name() is/apsubscribedtothewithininstrumentandacknowledgedtomethathe/sVe/they executed the same in his/h fr/th r authorized capacity(iVs), and that b his/I r/tVeir signature) n the instrument the personfs), or the entity upon behalf of which the person(4acted, executed the instrument. ABLE ARCE DIAZ Commission # 2118402 Z Notary Public - California z J - Riverside County D My Comm. Expires Jul 5, 2019 Place Notary Seal Above 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 ,4d.1_l4w /&fi Signature of N&y Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Cd it, (Q'lo Document Date: !D— 1*1 Number of Pages: 'SS Signer(s) Other Than Named Above: -- Capacity(ies) Clai ed by Signer(s) Signer's Name: "d6zZ_56w-G/ AftGP Corporate Officer — Title(s): Partner — Limited General ZIndividual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: rAmrLt! tGiM1'1619-bF T7 Signer' s Name: "— Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 332 NTRACT NO. C36620 CONSULTANT'S PROPOSAL 333 OONTRACT NO. C36620 Family YMCA of the Desert Proposal to City of Palm Desert Aquatic Center Letterof Transmittal......................................................................................pg.1 Qualifications, Related Experience and References of Consultant.................................pg. 2 Management Approach (Tab 1) Key Personnel Proposed to Perform Work.......................................................pg. 4 Proposed Subcontractors..................................................................................pg. 5 Staff References, Resumes, and Certifications Please see attached appendix................................................pg. 1 Project Organization Chart Please see attached appendix.................................................pg. 13 Statementof Intent............................................................. . ............................ pg. 6 Proposed On -site Non -management Staffing Levels.................................................pg. 6 Proposed Services (Tab 2) Management and Operations of the Aquatic Center..................................................pg. 8 Water Slide Daily Operation Checklist Please see attached appendix................................................pg. 14 Weekly Cleaning Checklist Please see attached appendix................................................pg. 15 334 NTRACT NO. C366?Q Multi -Use Room Please see attached .appendix ............................................ pg. 17 Financial:Operations .......................................... ...:..................... :..:..................... pg. l I Risk Management.....,........ . ............... ....................... .. ........... pg. 12 . Evacuation Routes Please see attached appendix .................................................pg. 18 Emergency Action Plan Flowchart Please see attached appendix ...................................... pg. 14 Fecal Incident Response Log Please see attached appendix .................................. pg. 20 Water'C l b:istry Test Log Sheet :. I .. .. Please see attached appendix............:..::.:.:.:..............:.::....::..pg. tl Annual Pool: Tarp Training Please:see attached appendix ..... ............................................. pg.- 22. Policy Development... . ............. • ............... pg. 13 Swim Testing lease see attached appendix...................................:............pg. 23. Facility Rental Policies Pleasesee attached appendix.-..::..:.......................................pg.. 25 Facility Rental Group Use Requirements . . Please see attached appendix......................................................pg. 26. 335 CONTRACT NO. C36620 x p _ Facility Rental Pricing Structure Pleasesee attached appendix.................................................pg. 30 SignPhilosophy..........................................................................................pg. 14 Recruitment and Hiring Process.......................................................................pg. 14 Day to Day Operations and Training..................................................................pg. 16 Lifeguard In-service 2018 Dates and Policy Please see attached appendix................................................pg. 31 2018 In -Service Training Schedule Please see attached appendix................................................pg. 32 Lifeguard Training P -ogram and Lifeguard Rotation Process.....................................pg. 17 11 Guard potation Map Please see attached appendix................................................pg. 33 Program Development..................................................................:...............pg. 18 Online Facility Calendar Please see attached appendix................................................pg, 34 Pool Maps Please see attached appendix ........................... I............... I .... pg. 35 Swim Lesson Evaluation Form Please see attached appendix................................................pg. 36 YMCA Program/Registration and Fitness Class Waiver Form Please see attached appendix................................................pg. 37 336 ATRACT NO. C36620 8 Marketing......................................................................... a ..................... pg. 21 Procurement Planning Proposed Services............................................................pg. 21 FeeSchedule............................................................................................pg. 21 Current Fee Schedule Pleasesee attached appendix................................................pg. 38 Conflictof Interest......................................................................................pg. 22 Exceptions/Deviations...................................................................................pg. 22 Appendix (Tab 3) 337 CONTRACT NO. C36620 w LETTER OF TRANSMITTAL TO: Johnny Terfehr, Management Analyst City of Palm Desert FROM: Family YMCA of the Desert A. Robert Ballew, CEO Family YMCA of the Desert 43-930 San Pablo Ave. Palm Desert CA, 92260 Telephone No.: 760-341-9622 Fax No.: 760-779-9651 E-Mail: Desertvmcaceo(a?,aoi.com B. None C. Our proposal will remain valid for no less than 120 days from submittal D. Signati a of :authorized YMCA Representative Signa a of authorized YMCA Representative E. I a st that the information in this proposal is true and correct. Rob allew, CEO, Family YMCA of the Desert Page I 1 338 339 CONTRACT NO. C36620 YMCA of the Desert's current budget is $8,486,160.00. As of January 2018 our long term and fixed assets total $397,118.70 and we currently have $1,642,847.40 in reserve and savings accounts. Our total liabilities as of January 2018 are $491,173.16. This organization does not have any conditions such as bankruptcy, office closures, mergers, or litigations that would adversely affect it. Firm's Experience: YMCA's have always lead the charge in sports and exercise. Aquatics has been one of the strong points of the YMCA dating back to 1907 when the Detroit YMCA started the first organized swim lessons in the country. From 1907 to now the YMCA has taught more people to swim than any other organization in the country. The Family YMCA of the Desert has operated pool programming for 35 years around the desert. Including, but not limited to the city of Palm Desert and the city of La Quinta pool operations. We have provided trained staff, from lifeguards to swim instructors and nanagement level staff from finance to HR., to run the complete programming and swir4 operations. In 2011 the Family YMCA of the Desert had the pleasure of assisting the city of Palm Desert in the development and the opening of the Palm Desert Aquatic Center. The Family YMCA of the Desert has been overseeing the operations and management of the aquatic center since its inception and for the past 7 years. The PDAC has seen as many as 115,000 guests through the gates in a years' time and few emergencies of any kind have happened. All emergencies that have taken place have been dealt with swiftly, professionally and with no loss of life. All state and county inspections have been passed. As well, there has never been a state/county forced closure to any of the pools, rides, or concessions. Proposed subcontractors: There are no proposed subcontractors at'this time. Page 13 340 341 CONTRACT NO. C36620 David has been instrumental in the development and expansion of all programming at the Aquatic Center. Mike Marshall, Maintenance Supervisor — Ongoing a Mike has been with the Family YMCA of the Desert for 6 years. He was hired to oversee the maintenance operations of the Palm Desert Aquatic Center. He has extensive knowledge and a daily working understanding of all pool and facility related equipment and maintenance operations. Vanessa Walker, CFO — Ongoing Vanessa has direct oversite of all revenue and expenses of the Palm Desert Aquatic Center. She has been with the Family YMCA of the Desert for 16 years and was a key component in the initial budget development. She is the financial liaison to the city. 1 Alisa Willi s, HR— Ongoing Alisa has been with the Family YMCA of the Desert for 10 years. As the Human - Resource Director for the Family YMCA of the Desert she has employee oversite of all employees through the YMCA including the 60+ staff at the Aquatic Center. Cassidy Hadden, Lifeguard Supervisor — Ongoing Cassidy has worked for the Aquatic Center through the Family YMCA of the Desert for 2 years. She oversees the Lifeguard staff operations and trainings. Alexandria Espinosa Program Manager — Ongoing Page 15 342 343 CONTRACT NO. C36620 Lifeguard staff increases as the bather load increases or conditions warrant. Swing Instructors — Preschool class age operates at a 1 to 4 ratio. Elementary class age operates at a 1 to 6 ratio. Keeping the instructor to student ratio is imperative for safety, learning, fiscal responsibility and best practices. All swim classes follow the Red Cross Learn -to -Swim curriculum covering ages 6 mo.-17 years of age. These include Parent -child, Preschool levels 1- 3, Grade school levels 1-5 and Rec Swim Team. Fitness Instructors — One instructor per adult fitness class. Classes include water exercise, yoga, spin, land exercise, masters swim, personal training, adult learn to swim. When a class has less than three attendees the class is cancelled. Front Desk — During operational hours there is always one or two people at the front desk depending on the season and busyness. They handle check -ins, answering questions, cash I transactions, registration for programs, taking p o e calls. Concessions — Concessions is open seasonally. );wring open hours there is always two and up to four staff members depending on the season and busyness. One staff takes orders and handles transactions, and the other staff member handles and distributes food. As business increases staff increases as well. All concession staff have food handler cards. Janitorial — Slow season October — March, there is one PT staff cleaning locker rooms, unisex changing areas and offices thoroughly 2x per week. Busy season April -September there are two PT staff sharing the work load 2x per week. Maintenance — Along with the FT Maintenance Supervisor two PT staff share a 24 hour work week as they clean deck space, pools, play structures and deck furnishings. Page 17 344 345 ONTRACT NO. C36620 while engaged in surveillance. An emergency whistle code will be employed and understood by all lifeguards. o Rescue hip packs must be worn at all times. Packs will be adequately supplied with resuscitation mask and non -latex gloves. 0 Backup Duty Lifeguard o When not needed on deck or to assist customers, they check dressing rooms for behavior problems or horseplay. Assist in rendering first aid to injured persons, assist deck lifeguard as required, do clean up or maintenance as necessary. o If numbers do not justify a full complement of staff, the supervisor on duty may release excess lifeguards from work. No lifeguard should work more than 8 hours in one day. For all injuries, complP±e injury reports form(s) are required and passed on to the supervisor who gets it to the Aqu- tic Manager. f See lifeguard rotation mlal appendix page 33 Water Chemistry: Lead Lifeguard is required to check and record pool chemistry every 2 hours. Water chemistry is adjusted by maintenance personnel as needed before opening, during duty hours and at closing. See forms used appendix page 21 Communication: Good communication is vital at the Palm Desert Aquatics Center. Communication includes verbal and non-verbal communication, hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management Page 19 346 347 CONTRACT NO. C36620 Concessions: The concessions stand adheres to all Riverside County health codes and regulations. All staff who handles unpackaged food has current Riverside County Food Handler cards and they are overseen by a Food Safety Manager. Concessions has consistently received an A rating from Riverside County Health. Locker Rooms: Children 5 years and over must use the locker room of their own sex. If this presents a difficulty, family changing rooms are available. Towel snapping, running, or rough play is not allowed in the locker rooms. No food or drink allowed in the locker rooms. Multi -use Room: See attached appendix page 17 Fiz,ancial Operations Th.- Family YMCA of the Desert accounting department will Provide financial operations including but not limited to; budgeting payroll, collecting, reporting, and accounting for all re'venues and -expenditures, and detailed budget preparation of al- income aad expenses statements. In order to achieve organizational accountability, reconciliations are completed monthly for all asset and liability accounts. Payroll is processed on the fifth and twentieth of every month. Accounts payable processes. checks weekly and purchase orders are used for purchasing. All checks over $1,500.00 require two signatures. As well, financial statements are printed for department heads to review for accuracy and planning. The Financial Committee meets monthly and reviews the income statement, along with a balance sheet and cash flow for the organization. The income statement is then forwarded to the Executive and Board Committee for approval. Page jll 348 ITRACT NO. C36620 Risk Management The following bullet points have detailed procedures that the Family YMCA of the Desert developed for the Palm- Desert Aquatic Center in 2011. These procedures are currently in use and . stated in the Palm Desert Aquatic Center Emergency Action Plan (EAP) and the Palm Desert Aquatic Center Lifeguard Policy and Procedure Manual (PPM)..A copy of the EAP and PPM will be provided upon request. PPM: Pool Chemical Parameters Chlorine Room Emergency Procedures Hazard Identification and Communication Safety and First Aid Equipment Facility and Pool Cleanliness Health Regulations Discipline Policy and Procedure Child Abuse -Policy and Procedure . p Lost and Found Media Communication Policy . Pool Water Contamination and Response Procedure Biohazard Disposal Procedure Report Writing EAP: Page l:12 349 CONTRACT NO. C36620m Incident/Injury Reporting Injury Response and Emergency Procedures Injury Response and Emergency Procedures for Slides Minor Injury Procedures Fire Emergency Criminal Activity Severe Weather and Natural Disasters Thunder/Lightning Storms Power Failure Chlorine Spill or. Leak Procedure Evacuation Routes — See attached appendix page 18 Emergency Action Plan Flowchart — See attached appendix page 19 Fecal Incident Response Log — See attar, red appendix page 20 Water Chemistry Test Log Sheet — See attached appendix page 21 Annual Pool Tarp Training — See attached appendix page 22 Policy Development The following bullet points have detailed procedures that the Family YMCA of the Desert developed for the Palm Desert Aquatic Center in 2011. These procedures are currently in use and stated in the Palm Desert Aquatic Center Lifeguard Policy and Procedure Manual (PPM). A copy of the PPM will be provided upon request. Page 113 350 351 CONTRACT NO. C36620 within the community, depending on the positions being filled. We utilize high school and - college job boards and actively network with leaders in the community or in their field to stay abreast of qualified candidates. High school water polo and swim teams are targeted directly to give youth of the community job experience opportunities utilizing the skills they have mastered through their teams. We've ensured that the job description for each job being filled is accurate and current and identifies the core competencies needed for the job. We've established a written screening process that ensures all hires meet the YMCA's highest standards and possess the core competencies for success in their positions at the YMCA. Systematically we use screening techniques, the employment application, background checks, reference checks, etc. — to screen out applicants who are at'risk to abuse youth or vulnerable adults. We've developed and maintain an updated recruiting plan to anticipate and meet the YMCA's current and future staffing needs. We employ a variety of legal, effective tools and techniques, beyond the basic :.nterview, to assess a candidat.'s qualifications for the position; this may include online tools, interview guides, phone sci eening, swim testing etc. The minimum age for employment is sixteen (16) with a valid work permit. Al, employees over the age of eighteen (18) are to be fingerprinted upon hire. After fingerprints have been processed through the State of California Department of Justice, and FBI, results will be received by the Human Resource Department and held confidential. Continued employment is subject to fingerprinting clearance. Any employee is subject to termination of employment if the Criminal History warrants such action. Additionally, employees must notify the Association of any arrest and/or convictions other than minor traffic violations, within five (5) days, Failure to do so may result in disciplinary action up to and including termination. The YMCA recognizes its responsibility to help provide a safe and productive work environment for all employees. In Page 115 352 VTRACT NO. C36620 support o£this responsibility, the YMCA has a concern about substance abuse, since it may affect and employee's productivity and efficiency;. jeopardize the safety of the employees, co-. workers, guests, volunteers; members, -vendors and business partners; or violate State or Federal Statutes. Therefore, we are committed to remain a drug free workplace. In addition, new employees -are. required to attend a YMCA Employee Orientation and Child Abuse:Prevention training within 30 days -of being hired. Furthermore. new employees will be mandated to attend safety training. at their specific work site. Day -to -Day Operations and Training The:following bullet points have detailed procedures that the Family YMCA of the Desert developed for the Palm Desert Aquatic Center in 2011. These procedures are currently in use and stated in the Palm Desert Aquatic Center Lifeguard: Policy and Procedure Manual (PPM). A copy of the PPM will be provided upon request. Personal Requirements General Staff Responsibilities Lifeguard Responsibilities Supervisor/Lead Guard Responsibilities Swim Instructor Responsibilities Swim Lesson. Supervisor Responsibilities Fitness Customer Service Day-to-day Operation/Staffing Plan/Orientation Page 1 16- 353 x. _......... _:. CONTRACT NO. C36620 Refer to Key Personnel and Proposed Work and Proposed Non -Management Positions (pages 4- 8) for the staffing plan. Refer to the Recruitment and Hiring Process (page 14) for the orientation process. Pre -Service and In -Service Training Plan: Refer to the Recruitment and Hiring Process and the Lifeguard Training Program, (page 14, 17). Lifeguard In-service 2018 Dates and Policy - See attached appendix page 31 2018 In-service Training Schedule - See attached appendix page 32 Lifeguard Training Program and Lifeguard Rotation Process — Employed lifeguards shall hold in good standing the American Red Cross Certification for iifeguarding also known as lifeguard for the Professional Rescuer which includes Lifeguarding, CPR, AED and First -Aid. In addition to this certification, guards who have guarded for a year or are returning after one season must have and maintain a Title 22 certification. Swimming ability is one of the most important prerequisites to become a Red Cross lifeguaru: and guard at a pool with a depth of 15 feet. The guard must be able to swim breaststroke and front crawl and have the endurance to swim for long distances during the testing process. The swimming test includes 300 yards of non-stop swimming, 100 yards of front crawl, 100 yards of breaststroke and another 100 yards of either breaststroke or front crawl. Because of the depth of the pool, guards are also required to perform a time trial test consists of swimming 20 yards, surface diving to 15 '/2 feet, retrieving a ten pound weight and treading with the weight held out of the water with both hands on the weight 20 yards back to the starting point, placing the weight on the deck and exiting the water from the deck going into a standing position in 1 minute and 46 seconds or less. In addition to Page 117 354 yWTRACT NO. C36620 swimming proficiency, the, guard.needs to demonstrate solid emergency: medical skills; they are trained.and tested in standard first aid; cardio-pulmonary resuscitation. CPR and automated . .. external defibrillator (AED): These, skills are tested through drills conducted both in and out of the water: A written test concludes the proficiency Testing. A score of 80 percent or higher on the written exam is required. . Guard. Coverage Policy See Proposed Onsite Non -Management Staffing Levelsror Lifeguards (page 6 Guard Rotation Map -See attached appendix page 33. Program Development -'The Family YMCA of the Desert uses the entire facility to create programs for the Aquatic. Center. The multi -use room holds 3 yoga classes,; 2 senior adult land. classes weekly, and:Red Cro certification: courses as scheduled: The recreational pool ho ds 2 arthritis classes, 2 shallowfw,iter classes and l waterclass specifically geared for indivic is living with Multipole Sclero::is weekly. In addition, the recreational pool is also utilized far group and private swim lessons as well as lap swimming and Iane rentals: The lap pool holds deep water, shallow water, Rec. Swim Team, Adult -Learn -to -Swim and US Ivlasters:Swan classes; _lap: swim, and rentals. Additionally the YMCA has supplied the Aquatic Center with . spin. bikes to. create anon deck cycling class. The. deck. is an -area we are. expanding programs. onto seasonally. Upcoming biogramsInclude Splashball (intro into water nnln) nive4n mrMes nights; and Weekly Water Games: The hours of operation for the general public are: Monday -Friday 5:30am to 7pm, May - September Saturday's lain -:7pm and Sunday's Sam to 7pm. During October through April Satur ay s are open from lam - pin,an Sunday's $am:- 5pm. Throughout the.year-different P 8agei1 355 CONTRACT NO. C36620 user groups rent out space and we adjust operational hours as it is financially beneficial. User groups have the opportunity to rent space at the facility with a 24 hours' notice. All of this requires the pool schedule to be fluid. Programs are scheduled using an online calendar that is shared with the general public. See an example attached appendix page 34. Detailed lane availability is also put on a MAP. See example in the attached appendix page 35. Flow to make swimming classes responsive and/or inclusive to persons with disabilities: 1. Safe entries into the water via a hoist, lift, or supported entry down a ramp. 2. Specific instructions for aids in the water, so they can help with activities for children with physical disabilities in a planned and structured way. 3. Information for people with disabilities in the class, particularly if they are swimming for the first time at the facility. 4. Group activities for peo le with physical disabilities which take their needs into account eg. rolling front to bacl:, learning to maintain body position, being comfortable using an aid to float). 5. Individual activities which are designed as an exercise for people with a disability, such as push off from the wall and float into a glide position, or doing a safe slide into the pool, or learning to propel in the water wearing a life jacket. 6. Swim class lessons planned in advance to best accommodate children with disabilities without compromising the skills they will learn. 7. Safe exit from the pool. Monitoring and evaluating programs for improvements and fiscal responsibility: Page 119 356 357 CONTRACT NO. C36620 Marketing — The YMCA will use various forms of social media to keep all audiences engaged throughout the year. Target audiences will vary based on the season. March -September we will target families for our group swim lessons, and recreational swim. Public and Private schools are targeted April -June for school field trips and full facility rentals. The YMCA advertises through our website, social media, constant contact, and has recently purchased billboard space to advertise the Aquatic Center. Procurement Planning Proposed Services — Our standard purchase policy would stay in place, for items over $1,000.00 we would require 3 bids and PO's need purchaser's signature along with those of the department head and CEO. Items are inspected at time of delivery and once accepted that are logged in as assets. The YMCA will continue to write grants to enhance equipment for programs, life-saving equipment, first aid supplies, lifeguard supplies and facility manag ' ment supplies. Labor needs will be handled by our Human Resources department. We adverti. a our available jobs to the public through a variety of announ:ements. Selection is based on qualifications; we do not discriminate due to race, age, religion or sex. Furthermore, Aquatic positions may require several certifications and those will be inspected for current status. All YMCA employees are fingerprinted and checked through the State Attorney General's office for any convictions. All new YMCA personnel will receive child abuse training and certification along with first aid and customer service training. Safety training will be ongoing on a weekly basis and simulated emergency drills will be conducted on a regular basis. Fee Schedule The City developed a fee structure for general admission in 2011 that is still in place and has not seen any increases. We suggest that a cost of living study be done to look at possible fee Page 121 358 359 CONTRACT NO. C36620 Family YMCA of the Desert Proposal to City of Palm Desert Aquatic Center Index Staff Resumes and Certifications........................................................................pg.1 Project Staff Organization Chart ..................................... ................................... pg. 13 Water Slide Daily Operation Checklist... ............................................................ pg. 14 Weekly Cleaning Duties Checklist....................................................................pg. 15 Facility User/Staff Checklist ............................. ............................................... Pg. 17 Evacuation Routes...................................:...................................................pg. 18 Emergency Action Plan Flowchart ....................................................................pg. 19 Fecal Incident Response Log...........................................................................pg. 20 Water Chemistry Test Log Sheet ............... ...................................................... pg. 21 Annual Pool Tarp Training...............:.............................................................pg. 22 SwimTesting .................................. I............................................ I .............pg. 23 FacilityRental Policies..............................................................................pg. 25 Facility Rental Group Use Requirements............................................................pg. 26 Facility Rental Pricing Structure ............ ............................................................ pg. 30 Lifeguard In-service 2018 Dates and Policy.........................................................pg. 31 2018 In-service Training Schedule.....................................................................pg. 32 11 Guard Rotation Map ..................................... .............................................. pg. 33 Online Facility Calendar................................................................................pg. 34 Pool Maps ................. pg• 3 - Swim Lesson Evaluation Form ............................... :......................................... pg. 36 YMCA Program/Registration Form and Fitness Class Waiver Form..............:..............pg. 37 FeeSchedule..................................................................... ......................pg. 38 360 RACT - NT NO. C36620 David .. eye. s. 43547 Campo. Place_ _a indio, CA 92203 • davidkevestadesertvmca org-e 760.534.0206 EDUCATION: .•: High School Diploma Graduation:Datee June 2004 Pplm, Desert High School Palm Desert,, CA EXPERIENCE: Aquatic -Manger April 2017—Present . Family YMCA of the Desert: Palm Desert,: CA Oversees all operations including, but not limited to staff schedules, customer -service relations; facility rentals, purchasing,. pool operations, w.ebsite, and monthly cash flow statements Prepares the annual fiscal budget Works consistently with city assigned marketing firm to promote: the facility in all aspects- Attends all .facility related meetings.and collaborations :. Teach lifeguard classes and assist in monthly in-service trainings.for.staff Works in various aquatic departments as necessary Manages Front Desk ..:.. - Teaches Child Abuse Prevention and Sexual HarassmentTreining to all staff. Aquatic Assistant Manager February 2016—March 2017 . Family YMCA of the Desert ..- . Palm Desert, CA Assisted in marketing Attended facility MO tings as necessary Budgeted payroll for Front desk, lifeguard;:and.Instructor staff Collaborated with pr vious:managerto work on annual:tiscal budget Continued all duties.( isted under Aquatic. Program, Manager ..... Aquatic Program Manager and Lifeguard. Supervisor May 2015 - January 2016 Family YMCA of the Desert Palm Desert; CA Continued to create and 4mplament new programs Assisted in creation current version of inrWW.bd000l.com Managed 30 =.70 lifeguards by organizing work schedules, provided adequate training through regular in - services; and:evaluating their performance Held monthly in-service training for lifeguard staff 0 :.Regulated staff skills through drills and evaluations Continued. all duties listed under Aquatic Program:Manager Managed Front Desk.. .. Aquatic Program Manager May 2014-April 2015: Family YMCA of the Desert Palm Desert, CA Created 'an: d implemented new programs Scheduled pool space:for various user.groups and PDAC programs by -creating the pool map to avoid overbooking pool space Oversaw swim instructors P.:.Reconciliation of monthly rental income . Acted as Manager on Duty as necessary. Appendix:Page 11 361 CONTRACT NO. C36620 Aquatic Front Desk Manager January 2012 — April 2014 Family YMC4 of the Desert Palm Desert, CA Managed Front Desk staff and operations e Implemented ongoing policies and procedures Hired, evaluated, disciplined and terminated Front Desk staff as necessary Trained staff in customer service and the P.O.S. system Aquatic Front Desk and Concessions Manager April 2011— December 2011 Family YMCA of the Desert Palm Desert, CA Created rates for retail, food and beverage items Oversaw merchandise, inventory, purchasing, and handling food Oversaw both front desk and concessions -staff Trained concessions and front desk staff prior to the facility opening in customer service and P.O.S. system CERTIFICATIONS: " Aquatic Facility Operator (AFO) American Red Cross Lifeguard Instructor American Red Cross Lifeguard/CPR/First Aid/AED American Red Cross First Aid for Public Safety Personnel (Title 22) REFERENCES: Karen Creasey karen uC)karencreasev.com Former Palm Desert Aquatic Ce,iter Manager Mario Garcia Knorr Systems Inc. Field Supervsor Stephanie Greene steohanie(cDfacreative.com CEO FG Creative Laurie King Lap Swim Patron 760)218-3640 714)681-3041 760)773-1707 760)641-9099 Appendix Page 12 362 i,,-,ATRACT NO. C36620 and AssoCyHyattana,RecreationrYPark o71 F David _R Kees Aquatic Facility Operator American Red Goss Certificate of Completion David Keyes rus s,ccpsnay rxwula roawa:yerss tar f t uaraaurm nnraRutED.ea»Zrms I cm7 itt1 Ef' A.- Pad Cross Dora Cnlrseud- =1=017 but - A rs- Karon CMSW w..auaa Ts mow+ arR American T ., Red Crass Certificate of Completion David Keyes has sucasslury ccmautal rw tmaces mr 1Basueranp udmKttr- vafw 2 Yoan enaflCYa b'/ M1mKen Rd Cross Diu Compls W. 1 II1 a.'2017 la= w--'f" Karen cnrx f American Red Cross Cenlficate of Completion David Keyes Pas uctenaor turvaq nntwwa m far Mw Ala br FLMC Ssury Pmam.-W(to$72). nU 3Yems' toraaArd try AMWo RRea CIM D. WCaeO.W O1117MI? w4mcwl, Koran CMUy CaW. wC P.t?A twamex [ tt.ra.[ YnTO mt. tSw.K Appendix Page 13 363 CONTRACT NO. C36620 Mike Marshall 52290 Silver Star Trail • La Quinta, CA • mmarshall.vmcaPgmail.com • 760.504.5108 EDUCATION: Bachelor of Arts in Early Childhood Education Graduated 2003 San Diego State University San Diego, C4 San Diego Fire Academy Miramar College EXPERIENCE: - Maintenance Supervisor Family YMCA of the Desert Owner/Operator Precision Aquatics Technician and Repair Manager Golden State Pools Technician Guaranteed Pools Techr ician Bills Faol Service Ufegiard Scripps Ranch Swim and Racquet Club CERTIFICATIONS: 2008-2010 San Diego, CA 2012 — Present Palm Desert, C4 2009 — 2011 Son Diego, C4 2005 — 2011 San Diego, C4 2002 — 2005 San Diego, CA 1998 — 2003 San Diego, CA 1994 —1999 San Diego, C4 Aquatic Facility Operator (AFO) Certified Pool Operator (CPO) American Red Cross Lifeguard instructor American Red Cross Lifeguard/CPR/First Aid/AED American Red Cross First Aid for Public Safety Personnel (Title 22) Lochinvar Heater Certified Scissor and Boom Lift Certified Professional Pool Operators of America (PPOA) National Recreational Parks Association (NR.PA) Heating Vacuum and Air Conditioned Trained PROFESSIONAL SUMMARY: Certified Commercial Swimming Pool Operator with over 20 years of related experience. Detail and result oriented, hands on professional. High energy, goal based leader with 5 years of on- site management of facility and staff. Core Appendix Page 4 364 ATRACT NO. C36620 strengths in safe compliant water quality, preventative .maintenance, -methods of approach, time allocation, budget considerations and effectivecornmuriication. TRAINED AND QUALIFIED IN PALM DESERT AQUATIC CENTER SYSTEMS: Annual Service Maintenance 1. Pool Filters x3 . 2: Water Slides (QSI-..Qualified Safety Inspection) 3. Splash Pool Features and Wheel Assembly . 4: Diving Boards 5. Starting Platforms y 6. Colorado Time Systems 7. Heaters x 5 Swimming Pools 1_. Filtration- (DE- Diatomaceous Earth) I, Backwashing-_ Media Recovery 3. Chlorination- Metering pumps and plumbing 4. Acid- PH Balancing 5. Alkalinity- Sodium Bicarbonate 6. Heaters- Boosters and Interface 7. Coolers- Motors and Fans 8. Ultra Violet System 9. Surge, Pit_ and Automatic W tar Fill Lines 10. Flag Set Compliance, 11. Pool Tile Replace:and Repair 12. Lane Line Repair Building Systems 1. Lighting- Exterior and Interior 2. :Solar Panel Operation and Maintenance 3. Air Conditioning Units 4. Locker Room:Shower Boilers 5. .Power and Relay System (Overhead, Lighting) R'.,`C7?rRa:fPi`1PC.Aitl FT1'1 Pi'gPl'1!`y Pn PrC,rrly . 7. Circuit Breakers and Power Distribution 8. Colorado Time Systems REFERENCES: Joe fluette ioefl@knorrsystems.com (714)754-4044 Technical_Director-KnorrSystems, Inc. Appendix Page S 365 CONTRACT NO. C36620 9 Anthony Bingham tonvbinshamsd@gmail.com 1T Manager- City of Dallas, TX William Howell whowelIPwilliamihowell.com Attorney 858)386-2676 619)994-2398 147tNDoal Recreation and Park Associ 4an Alike B Marshall T+tK•>-: L yr--q a .K-a .. . i C.IN+3. .is.. a Aquatic facility Operator uea r. ni Service Trainino, CertificatQ r` JL American Red Cross n:a.,auc.+da,n.r Mike Marshall Certificate of Completion 1`n.YrtSasi. fel...l. s.l 14. 1 ttrud frir.; ]o Tgranr S+a+axd.r,+Q.-tatM,,,d.,...rn.dly-....[ ir-%-- ;i Mike Marshall quwtcriLfu7YctMo'+t9alagyrenmpta r- f! ..if inarNe,, ldcu.n f r ' i t6lryrcn1rq'FN hEt'C}'fUAFD - waa i Yacn liwlflrurcrSenkrSchad i»:' z` 14stedW Arrlcm Rsd Con t! Dbe GxdaHd a1.244a,7 S.laeNlarre. I'..w,lro t'ke {t s:,en Ts ro 4Kt+Knl9CsSC Xyl7 aesso n.,m. i Tr n'sa:az:-mz3'Nx'3,.. iP-.g 1.G4'd1. y s t"vs . -= e,Y a.; =:....'s1 _ a, American Red Cross American TrJRedCrossCertificate of Completion Certificate of Completion Mike Marshall Mike Marshall tuuaoc:asaNay com, atad rammmxna r. hag aucrmshsy canlelaa ragnieraenfl hrt LdVux ng,7rgA1aVk,AED- vai 2Yt L,rn Ern"emy Now- vaad 2Yaerifto aae Farwom Tramg • veyd 1 Yw;'iss1 Ad for P,,bk Salary Focxninm (T& 271- veld 2 Yean L•Wquudiq 1asW;br • vaad 2 Yaan ta+ dmwaDy CDlt ctedSj Arn= an Dad Coss AmarKan Rad QmS Data Ccn D*, eS pa AM1a Date CornMataa 1111W01T lrue9dmn.' Kacn Creeaay WbVCLY.S. Kenn Caeasey c..sr eatas x,.. n.uncco•n sc r< err+o9,aw+ c +aor.se.n es» x ecronrxrr-r Appendix Page 16 366 ATRACT NO. C36620 Es inosaAexamriap 40-600 Washington-St..Apt. G-37 • Bermuda Dunes;'CA alexrenee19@hotmail,com .* 760.534.4628. . EDUCATION:.. . .. Bachelor's Degree :. _ . Graduation Date:;;anuary 2017 University:of La Verne La Verne .G4 - Completed CourseWork .. May 2014 College of the Desert Palm.Desert, C4 High school Diploma.. Graduation Date: May 2011 Palm DesertHigh School Palm Desert, G4 - EXPERIENCE: Aquatic Programs.Manager May 2017- Present Family YMG4 of the Desert...: Palm Desert,. C4. Create and.implement new, programs:_ .: Promote - programs using different forms of media: Oversee user group's schedules, contracts, -and monthly rental Income. Manage instructors of land and water programs. Hostess September 2015 - Present= LG' s Prime Steakho%se . La Quints; CA Graciously I reet ali guests upon arrival. Answerhnes and take detailed information for reservation bookings.. Problem= solve guests concerns or issues. Develop ral port withguests; generated repeat business with a friendly deme 3nor and welcoming experience. Lifeguard Supervisor February 2016 — April 2017 Family YMG4 of the Desert .... .. Palm Desert, C4 Hire, train, evaluate; discipline, and terminate staff. Manage staff -and create schedules. (30=60 people Provide- monthly in-service trainings in accordance to.Ai, ierican Red Cross guidelines. Create a safe and positive environment for staff and patrons.: Lifeguard/ Swim Instructor May 2013 = February 2016 Family YMCA of the Desert Palm. Aesert, CA Actively scan areas o€responsibility. Prevent injuries on deck and in. water. Enforce rules -'of facility in a courteous manner. Teach swim lessons in accordance to American. Red Crossguidelines, . File Clerk/Receptionist February 201.2--May 2614 Las Polmos OB/GYN Rancho, Mirage, C4 Scan Medical records: into electronic medical records system,, Answer high volume of phone calls. Appendix Page 17 367 CONTRACT NO. C36620 Schedule appointments for a large medical practice. Multi -task in a fast paced environment. CERTIFICATIONS: American Red Cross Lifeguard Instructor American Red Cross Lifeguard/CPR/First Aid/AED American Red Cross Water Safety Instructor International Food Safety Manager American Red Cross First Aid for Public Safety Personnel (Title 22) REFERENCES: Veronica Bayne Las Palmas OB/GYN — Of Manager Ed Lerma LG's Prime Steakhouse — LQ Manager bav603CcDaol.com ed Cap IsEsprimesteakhouse.com Kathie Maxwell connectionsareus(@hotmail.com Palm Desert Aquatic Center— Private Swim Lesson Client 760.485.3078 760.771.9911 415.990.7693 Ameriean Red Cross American Red Cross C I rU:ate of Completion Ce I((c ate of completion Alexandria Espinosa Alex 3ndrin Espinosa hors succor r7y m+psetad rM+emsrts fir has smvub f grail re4,i'n.*= r« Uraq.aNdlnpie AdYPRy?EB - Qald 2 Yams I Yhkr Sm" IrSr cla, Cpasv- nW 2Yean tAKM by candxvm'!iy . PPA7% n Rat Cmss D,k Cmryast,W. otmno,r Armri¢a Red Cl z Bda t«rrdtox 04v2rz017 hsamL4T DoW Oyu UKbrxta's: Leo 5aymy6al c,.w„acax. n.ra w..ona we e.. aeaa, tc r.uavu wra y tti4 Ils NATIONAL REGISTRY OF FOOD SAFETY PROFESSIONALSO cwmmw Americana=(fir' Red Crass ALEXANDRIA RENEE ESPINOSA f„', J HAII SUCCtfVtlr.LY $ATYLL'p7N6 R26pUiRdSHiG FOk 7Hr, r ^ 7' INT ERNAMONAL FOOD SAFETT MANAGER CertlflCate QI CompleAOn UNDFR BOTH Alexandria Espinosa CONFERCH=FOR FOOD PROTECTION STANDARDS Pei raeeas Nn cmmatm raap=WM ter AND ISO/[EC 17024 ST,W DARDS Lgequ "hom-W- M4 2Yam conCsbd by Nnnrcan Rea Cmss PRMDENr; W LrzaULCIIAECasaCmyW4d =12MI LHa.ACE WvuctWT Ka=Cme ay w.wocx.a y'„"'Pr., •®"'• n...«, ••` ew+aAnast DA=mr2n, zOu f.[RTiNGATH Na 2y 367068 cr r r•.a. c,x.. Tau:v,nr..w t:::r_s n rtTr• u. e_; r;af' ; rf i ..o • w-NCI ^ ra I:x sJ Ft;n•IiW'+'.v fi...wS' T67 FOfut 15079 f .wa...rwe-... w..—fir. 368 4TRACT -NO.. C36620 ddeCassidyA,,- Ha n 65773 Seventh St, Desert Hot Springs, CA 92240 cahaddenC?a ho#mail:com 760.902.1022 EDUCATION:... .. Bachelor of Science in Accounting (Emphasis in Business) Graduation Date:. July 2013 Brigham Young University -Idaho Rexburg, ID . EXPERIENCE: Lifeguard Supervisor May 2017 — Present Family YMCA of the Desert Palm Desert, CA Managed 30,55 lifeguards.by.organizing work schedules, provided adequate training through regular in - services, and evaluating their performance a : Prevented injuries and accidents by training lifeguards how to help patrons to follow facility safety measures. and rules Co -instructor during American Red Cross lifeguard training courses Taught Water Exercise classes on a weekly basis Provided,suggestions to the.facility management'for new programs and activities.to stait at our. facility Lifeguard October 1016 _ May 2017 YMCA at Palm Desert Aquotic:Center Palm Desert; L4 Ensured a safe environment for members and participants;that entered the facility by preventing dangerous situations through enforcing policies and procedures,:, Worked as a team to setup pools in a.tirriely manner according to the daily schedule Kept the facility neat,:clean and well organized Swim Instructor :. September 2016- May 2017 Desert Recreation District —Aquatics, Ready Set Swim Progrem Desert Hot Springs, CA Provided a safe environment for. students ages 1-1 Ito develop a level of comfort in the water, . Helped students to progress to the.next level from their current swim ming. capacity Taught each -student safety skills for when they are in and around water Trained and gave feedback to instructors as necessary Assistant Pool Manager Seasonal May 2015 - May 2017 Al! Desert Aquatics, Inc. of IA/ardman Park Pool Desert Hot Springs, CA Recorded and analyzed :finances to ensure that the programs were sustainable Worked.in partnership with the. Aquatics Director to analyze and improve weekly, monthly, and.seasonal statistics regarding patron and:financial goals Successfully supervised '2 facilities and our lifeguard team byorganizing schedules, providing.customer service and ensuring.that the needs of the community and our. employees were met Projected costs to plan forsucceeding years Asked for and applied feedback from employees and:patrons to improve the experience at each facility CERTIFICATIONS: American Red Cross lifeguarding/CPR/AEq/First Aid/Bloodborne. Pathogens/Administering Emergency Oxygen: 4 American Red Cross Water Safety Instructor Appendix:Page l 9 369 ONTRACT NO. C36620 American Red Cross Lifeguard Instructor American Red Cross First Aid for Public Safety Personnel (Title 22) REFERENCES: Rene Hickey info (M renesaouatics.com All Desert Aquatics, Inc. —Aquatics Director Bob Bell bellbob(@hotmaii.com Ecclesiastical Leader Kyle Pleming ki)lemins(a?drd.us.com Desert Recreation District —Aquatics Director Leslie Greasby beach babv6UDgmail.com Coachella Valley Unified School District — Lifeguard Juba[ Lotze iuballotze(ftmail.com Director of Institutes American J Red Cross Certificate of Completion Cassidy Hadden has Scant rr cm+tdatad req W=W nh tar 2ks*orne PathopeM T aamq - vab I YsarAtlm4nbtssg CMM2MY DrYM • valid 2 Yea7 WvpuardagrFkal A41CPRIA2D • vaW 2 Yr ss eambAbd W Anm a n Red Crass Due Ca ,*19 . 04=7017 W. elf sglgS Ktae P*ffw 0 C.M...O wA 7—tr.— American Red Cross Certificate of Completion Cassidy Hadden ties $1XcMfdry rarrrll W rvv-I=wrb for WaLar Saraly 7atu =Cram Ma-Edry, yard 2YOM na= sd lip Anw1cm Rs:t Crass Do4Cand6k0, 0^JIM010 111511'rw! Reno SHickey o.a.w er areas rn c r.mm v>ec tAmericanRedCross Certificate of Completion Cassidy Hadden ties sacceasluGY conp!etad tecruhanlerts for Weguard"eg Instuctnr. veW 2Yaacs cenoictsO M American Red Cron Data C=*tel: 1111Er2017 uutuctim: Kman CmM American j Red Cross 760.329.3212 760.880.5135 760.972.1033 562.631,7774 619,955.3530 D ra..a atrs fawy.ttnczstiv att.s.aowv Certificate of Completion Cassidy Hadden nas wctena8y ccrnpmredMQ1=mams tar Firif Ala for Pwkc S WY Pa=ead 91ta 221 • vae1 3 Yews c='Wed by American Rag crass 0a4 cwripiad 01117=7 Maarxaari: .KewCrsaarry c.a.tloarm rto==. m Appendix Page 110 370 jNTRACT NO: C36620' Kath.enne-FL0renz-:-: 44z79. Corfu Court • Palm Desert, CA Ilorenz@dc.rr.corn • 025.200.0310 . EDUCATION; High School Diploma Graduation Date:: June 1970 Menlo -Atherton High School . Atherton,. CA EXPERIENCE: Administration/Concessions Supervisor September 2fl11— Present . Family YMC4 of the Desert Palm Desert, CA Use computers for various applications, such as database management and:word:processing. Previously performed:,payroll functions, such as maintaining timekeeping information; processing and submitting. payroll. Answerr telephones and give information to callers, take messages, or transfer calls to appropriate individuals. Collect and deposit money into accounts.. Process invoices and purchase orders; keep records, and ensure accounts are balanced_ Operate office equipment, such as fax machines, copiers,. or phorie systems and arrange-forrepairs with . equipment malfunctions. Greet - visitors or callers, and handle their inquires or direct them to the -appropriate persons according to their needs Complete forms in accordance with:company procedures., Schedule concession staff And confirm state/local regulations and health: standards are met and safety procedures are.followed. Coordinate meetings'or sp scial events; suchas luncheons orYMCA board meetings. Conduct searches to find nseded information, using such -sources as the interneL Establish. work procedures or schedules and keep track of daily work of clerical staff,... order and dispense supplies Prepare conference or event materials, such as flyers or invitations. Store Merchandiser -March 2006 — December 2011 - latent Strategic Merchandising, Pleasanton, CA: . Develop ideas for merchandise displays to increase sales: . Maintain store inventory, inspection product for imperfections, replacing damaged merchandise when. necessary. Process new orders to replenish and maintain inventory levels..:: Develop relations with store management. Payroll - and Office Administrator January 199S — January 2006 . Hallmark Personnel .. - Palo Alto, _C4 Perform payroll functions, such as maintaining timekeeping information and processing and submitting. payroll. AnSW2r telephones and.give information to callers, take -messages, or transfer calls to appropriate individuals. Collect and deposit:rnoney into accounts,:disburse funds from cash: accounts to pay bills or invoices, keep records of collections and disbursements, and ensure accounts are balanced: Create,: maintain, and enter information into databases: Setup and manage. paperwork filing systems, recording information, updating paperwork; or maintaining _ documents, such as attendance records, correspondence, or other material. PP A -endix Page 11 371 CONTRACT NO. C36620 Complete forms in accordance with company procedures. 0 Review work done by others to check for accuracy and ensure that company format policies are followed, and recommend revisions. Prepare and mail checks Order and dispense supplies SKILLS AND CERTIFICATIONS: Troubleshooting • Food and -Merchandise Purchasing Accounts Payable and receivable • Staff Supervision a Customer Service • English Language Self -Motivator • Riverside County Food Handler Certificate e Operation and Inventory Control PROFESSIONAL SUMMARY: Accomplished and energetic Administrator. Motivated with strong organizational and prioritization abilities. Areas of expertise include Customer Service, Inventory Control, and Maintaining Cash Handling Policies and Procedures. REFERENCES: Carol (Boeddiker) Marx 707.812.3796 Tom Boeddiker 650.867.5449 Karen Creasey 760.2i8.3640 tlr. 1:,,, i 1: I W t4ll t'lny.ljp.w;vl'j IIYY•1'Cctefl S»,.n'r,rt x;s.w,:r+v.ldf..ft Katherine Lorenz 4mu x+.lPlwr)+iY1 la..11•uaknn J.n.+i>.,r.+n;a.n•1...,.I1+ q" - y r 4 fntt.rk+: «. .rti+•i rr ussn a8Gbf-hdb40tb ft'rreRKfs_Er-, v Appendix Page 112 J. _ _ . _ ... _-.........- ........._ 372 TRACT NO. C36620 Project Staff. Organization. Chart Project Manager Family YMCA of the Desert David Keyes Family YMCA of the Desert Director of Finance Will oversee all -expertise HR Director Vanessa Walker managers/supervisors, marketing, — Alisa Williams Red Crass certifications, safety. policies, front ;desk, security, and operations of the facility _ • . Maintenance j 1 Program Manager Lifeguard. Administration & Supervisor Supervisor Concessions Alexandria Espinosa Supervisor Mike Marshall Cassidy Hadden Will oversee all Katherine Lorenz Will oversee all programs, facility Will oversee all maintenance and rentals, training of lifeguards lifeguard Will oversee all overall cleanliness swim instructors, traing, and merchandise, of Lhe facility and schedule of the lifeguard inventory,. and facility recrukinent concession.oneration Maintenance Swim Front Desk Staff Lead Concession Lifeguards Staff Janitorial Fitness Security Guard(s) & Staff Instructors Lifeguards Appendix.Page j 13: 373 CONTRACT NO. C36620 Water Slide(s)/ Pool Inspection Daily Operation Date: Technician: BEFORE SLIDES ARE TURNED'ON: Test "e" Stop for Proper Operation Clean and remove any trash or debris on stairs and platform I . Visually and Physically inspect stairway, ramps and tower structure for any lose bolts, joint movement, stair cracking, loose or missing caulk, and any other unsafe structural issues. Record and report any findings to proper maintenance personnel Walk/crawl both slides with bare feet. Check for debris or obstructions, chips or cracks, bubbles on slide surface, rough seems, and slide joints missing caulk material. Verify rubber guard over lip of closed slide entr6tice Check all signage intact and not faded (height, n,les, occupancy, weight requirements) 48" Height requirement ruler on base of stairs and top platform Check swimming pool water levels Check and Record Recreation Pool water sample, record in lop book - Verify Location of all related safety equipment Backboard, Life Ring and Hook), Inspect and verify pool drains intact and not loose - Lifeguard required in water with bare feet AFTER SLIDES ARE TURNED ON: Check and record slide flowmeters - Blue/Open: Report any leaks in plumbing slide joints Report any unsafe conditions to supervisor Air Horn and Rescue Tube to top of slides guard station Appendix Page 114 374 wNTRACT NO..C36620 Weekly Cleaning Duties Check list ElG tnicials cx.-•,.rrA-4 Mor Trams Wed Thers Fri Sat" Go - IC Trash . I A Rtstock C Toilets l . Id Maroc-.... .. I M Swetp " O Spider Wcb. l t C kove IC S:.LICI::w.T•ll: .. I a.uthwKitow" IC' Trash A Restock .. t C Toilets.:.:. I C . Mirror: 1 C Sink: t I tM Sweep..... t M Brush White Tilt-. 1 E O Spider Webs 1 I C" Ross . - IC a..i•i.ua:.lrs.+i. r.....a....• .•.. 1 C Trash 1 IA Rtaock.." j IC Toilets t . IC Mirrors C Sinks " Am Swetp . I M :. Brush WhiteTilts 1. O Spider Webs 1 IC Rosc t ' Deck t t 10' Trash Can: j A Trash Pickup t 10 WinkintrawA44.i 1 10 w a....p..:J.o.q, I" Appendix Page15 375 CONTRACT NO. C36620 Weekly Cleaning Duties Check List LLG Initial. i CA r.. Mora Ttes hied Tksrs Fri Sat Son 10 Chair. E j M Tables l 0 Spider Web: c f 101m Hose 1 M.Ir:•... l..w 1 l01H Tca.h t 1404 R&rtack94%hraun E 101H Sweep Bathroom j o1H Toilet I 101H Sink, l i o!H Mirror 1 I S 10 Vacuum Carpet E 10 Chau:: 1 1 0 Table: t 10 Windows (ln;idcj I E 1 Parlcirq Lot t 1 A Trash Can E j 0 Windows I G A Trash Pick-up I i I M Sweep Entryway j M Hose Entryway i 10 c...nt.t.c......... I O......... l j A tFirrt Aij Reams Tn.h 1 A Ft"tachSsthroom t I A QrlOnir B tArtaam I A Sink 1 I A Toilet 1 A Sweep 1 A Table. A RCfriCerator E 1 1 A Chairs 1 j A Lockcra I A Laundry I A Oraani:e Room t I A tt:.t..li.taus.s.. t Appendix Page 116 376 ATRACT NO. C36620 Facility User/Staff Checldist Facility: Date: . Group: Arrival Time. Pre -use. Inspection:, Building is O.K. Customer's Signature/PDAC Staff Signature Pre -use Comments: Set-up of the:facility (staff) Vacuum multi -use room floor (staff) Wipe down multi -use room restroom (staff) Empty trash bags into dumpster (staff)' Clean multi -use room windows. (stall) Put. away tables and chairs (staff) Tables: wipe clean (customer) Chairs: wipe clean (customer) Straighten furniture (customer) Pick up trash (customer) Bag and trash set outside door (customer) Clean counters and appliances (customer) Remove string, tape and covers from walls, chairs, tables and deck (customer) Verify there are no nails, tacks, or push pins in multi -use room walls Icustomer%staff} No.Mul .-use room carpet. stains (customer/staff) Post -Use Inspection: - Departure Time: PDAC. Staff Signature: . Customer Signature; . Post -use Comments: Appendix Page 1' 17 377 CONTRACT NO. C36620 EVACUATION ROUTES Evacuation route maps have been posted in each work area: The following information is marked on the evacuation maps: I. Emergency exits 2. Primary and secondary evacuation routes 3. Location of fire extinguishers 4. Location of AED 5. Assembly points 6. Site personnel should know at least two evacuation routes. cPrcofPQlM Dmw Chic center Aquatte Canter OARKING KDPIwµ1fIT.' J7b - c' {, ; 9'^ .. a ..,.. ......... . lLf `.. rq .r4!"mot z„a w • ` 1 LLJ 4 « v Aquatic Center f n •- .=k"_=G 3:s•9 ii @x r= &C 3 51:.;:-_. u.;7a°,.. i-t uH p+ Aw ana l of ; S r+Hinp e,i•.re f +aut or ¢1z :.eacn3C:.^a:u+•t M1elsp:o i vb"i-+vee ee+laivA G Appendix Page 118 378 379 CONTRACT NO. C31 CYNIC Palm Desert Aquatics Fecal Incident response Log. Person Conducting contamination Response Supervisor on Duty Date (mmfd.4fyM) of Incident Response Tame of Incident Response Water Feature or Area Contaminated Type/Form of Contamination -in Water: Fecal Iricident (Formed Stop! or Diarrhea), Vomit, plood Tune that Water Feature was Closed Stabs ter Used in Water Feat are (Yes/nho) Water Ruaft Measurements 1 2 1d a Free Residual Chlorine 1-4 are measurements spread evenly thru the closure tone). PH 11-4 are measurements spread evenly thru the cioaure tirnej Date (mm/AWMW that Water Feature was Reopened' Tune that Water Feature was Reopened Total Contact Time Time from when dishfeaart reached desired level to when disinfectant levels were reduced prior to opeft) Remedation Procedure(S) Used and Camments/ivotes Appendix Page 120 380 381 CONTRACT NO. C36620 Name: Date: Training Time: Annual Pool Tarn Training am/pm TO Title: am/pm Staff Member use only - I, , have become familiar with the operations of the tarp reels. I am confident in my knowledge concerning tarping and un-tarping the pools, covering the tarp reel, using the hand cranks, anchoring the reel with the safety stop, and having demonstrated this to my supervisor. I have properly demonstrated tarping procedures under my supervisor's supervision and will maintain all the rules from here forth. Tarp Supervisor use only below - I, , do affirm that this employee has been visibly observed to have the ability to properly tarp on all pools. This employee has demonstrated the ability, knowledge, and confidence to rve tarps in accordance with the Palm Desert Aquatic Center operating procedures and is authorized to tarp the pools. Supervisor Signature: Date: Un-Tarp Supervisor use only below- i, , do affirm that this employee has been visibly observed to have the ability to properly un-tarp all pools. This employee has demonstrated the ability, knowledge, and confidence to use tarps in accordance with the Palm Desert Aquatic Center operating procedures and is authorized to un-tarp the pools. Supervisor Signature: Date: Appendix Page 122 382 qql ATRACT NO..C36620 Swim Tests Here at the:Palrn Desert aquatics center we conduct swim tests for anyone under'the age of 18 wanting to swim in the deep water or use the:diving boards.: Any lifeguard may conduct a swan test. -On busy. days; the swim tests are often conducted by a lifeguard or a supervisor.in order to accommodate large groups at one time. Frequently asked Questions 1. Who may take a swim test? Any person under the age of 18 years old needs to take a swim test to swim in the deep_ water or use the diving boards: 2.. Do I need 'a swim test if I want to go off of the diving boards? Yes; if you are under the age of 18.. . 3. Do 'I need a swim test if I and 32 and want to go off of the diving boards? No:: 4. Do I need:a swim test to swim in.the shallow end of the big pool? = No: 5. Can aaifeguard ask a customer to re -take a swim: test ev ,n if the lifeguard knows they were here before? . Y S. 6. What is the swim test? A lifeguard may use any section of the pool to conduct a swim test. The test needs to include swimming 'the equivalent of 20yds; any type of stroke except. backstroke.: The person may swim with or without their face in the water: After completing. the swim portion; treading water. for 30 seconds in required. If they complete both tasks, they: have. passed the swim test. 7. What happens after they pass the swim test? Ln'u illcgu3rd, Whu. cund, uUtcd Ulu Swim lust"Will 1ssuu u b m=d lUC Ll1C SW1111111C17 LU WUM throughout the. day. 8: Do I need to take :the swim test to go on:the water slides? No, but swimming ability is expected and 48" height, is required 9. Can I doggie: paddle and pass the swim test? Appendix Page 23 383 CONTRACT NO. C36620 It is up to the lifeguard conducting the test to determine if the swimmer is strong enough to be safe in deep water. 10. When is, the swim test conducted? On a busy day, swim tests are conducted on a regular schedule such as every 15 minutes, or every hour. However, a lifeguard may provide good customer service by offering a swim test at any time they are available to do so. 11. What if a customer does not pass the swim test? They are not given a bracelet so they must swim in the shallow areas. They may try again at a future time. Appendix Page 124 384 wNTRACT NO. C36620: PDAC Facility Use/Rental Rules USERS agree to abide by and help enforce the following rules: 1. No alcohol and no -smoking allowed on the premises or in parking lot.: . 2. No outside. food, drinks (with the, exception of bottled water), coolers; drugs,.alcohol or glass containers are allowed within the facility. 3. The service- or sale of food, or. refreshment. will not -be permitted .on PDAC property except. by written permission and with the acquisition of appropriate Health Code Permits. 4. - Minimum,rental.usage of -lanes shall be. no less than one(1) hour: 5. A guest: list must be provided to the PDAC front desk and kept current by USER.. 6. Except for certified service dogs; animals are not permitted: 7. No structures, electrical: modifications, mechanical apparatus, :or- any staples, nails, screws, or, other similar.devices may be erected on, installed on, or attached to aquatic center property. 8. Building and(or pool deck must be: left cleaned, free of debris, and ready for. next user within rental time. This means. that the clean-up must begin ten minutes before_ the time that the arm is to be vacated. 9. All equipment must be returned to its proper place: 10. Throwing objects such as balls or other items is not allowed outside of supervised activities. 11. 'CONTRACTOR or PDAC property is not,to,be removed from the premises. 12. USERS/Guests are: not -allowed to traffic :in and out of the facility, without getting a hand. stamp from the. front desk. . 13. CONTRACTOR/CITY reserves the right to cancel any scheduled events without prior notice. 14.. USER may provi& locked cage #o'store limited team" equipment within cage in facility storage units upon management approval. 15.: The CONTRACTOR/CITY is not responsible for lost or stolen items or damage.to property. 16. Cancellations due to weather condition will be solely determined by the PDAC staff. In the event.of an electrical storm,, or lighting sighted, it is mandatory that an event besuspended and all f people cleared from the pools for a of in'mum of A minutes. 17: USER may.not enter rented facility _sF ace until the time. stated 'in this agreement. and must exit lanes at, the end time stated on: this agreement. USER: will be.eharged to the next half hour if they over exceed their booked facility space by 10.minutes. is. Coaches must be on the grounds before participants enter the water. 19. If USER intends to utilize rented space for anything other.than what is listed.in this. contract; the CONTRACTOR'S consent isxequired: 20. Any and all USER coaches/referees/ ins tructors/leade.rs must- hold appropriate certifications . . . accordine to current industry standards. . 21: Any and all.USER'coaches/refereestinstructors/leaders must be listed on this. form.. . 22. All events must end by .closing unless written, .prior. approval . is: received by . CONTRACTOR/ CITY. . 23. In the event that USER must terminate USER's contract, USER must notify CONTRACTOR in writing thirty 30 days riot to. the cancellation date.. - .. - irtyyp _- _.. .... _. . 24. USER must follow all pool rules. " d Appenix Page j 25 385 CONTRACT NO. C36620 PDA.0 Facility Use/Rental Requirements USERS agree to abide by the following space navment requirements: 1. USERS renting the facility on a consistent basis will be required to pay the full monthly rent by the 1" of each month or by the date on the current invoice for the current month use. 2. Nonpayment may be sent to collections and may result in denial of subsequent applications for all future use of any PDAC facilities. 3. If the full monthly rent or any other charges are not received by the CONTRACTOR on or before 5 business days after the full monthly rent due date, the USER must pay a $50.00 late fee in addition to the full monthly rent. 4. All payments must be received by the 50'business day of the immediate month following use. Note: if the payment is late on or before the 5 h business day of the month the late fee will be charged. 5. A $150.00 security deposit is required upon acceptance by Contractor of this Facility Use Agreement to rent facilities. This deposit can be applied towards the first month's rent (if long term agreement is accepted) or be returned to USER within 2 working weeks following event providing no damage to property was incurred. Under certain approved circumstances, CONTRACTOR may waive the deposit. 6. Sub -letting of any and all space to any club or organization other than the USER appearing on this agreement is strictly prohibited. 7. Any facility space booked after hours may be subject to increased rates. 8. A 30 day advanced notice is required for termination of this contract. The last month's rent payment will be expected to be paid in ful 9. A 24 hour notice for lane or use additions and/or cancellations is required. If a 24 hour cancellation notice is not given the USER will be charged for Ianes and/or use booked for that day. Contracts can be initiated with 24 hour notice, provided there is space available and all contract requirements are met, with an additional charge of three times the regular rental fee. 10. The accepted forms of payment are: Cash, Check*, Visa, MasterCard or American Express. Payments must be made at the Palm Desert Aquatic Center or mailed to The Family YMCA of the Desert Attn. Palm Desert Aquatic Center. 43930 San Pablo Drive Palm Desert CA, 92260 11. Return checks will incur a $50.00 fee. 12. USER shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, 2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. CONTRACTOR & CITY, their officers, officials, agents, and employees shall be included as insured on the policy. USER shall file certificates of such insurance with the CONTRACTOR/CITY which shall be endorsed to provide thirty (30) days' notice to the CONTRACTOR/CITY of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, CONTRACTOR/CITY may deny access to the facility. USER shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with USER's use or occupancy of the CONTRACTOR/CITY facilities and adjoining property to the CONTRACTOR Manager or his/her designee, in writing and as soon as practicable. Appendix Page 126 386 387 CONTRACT NO. C36620 PALM DESERT AQ00CENTER CODE OF CONDUCE': The Palm Desert Aquatic Center (PDAC) is owned by the city of Palm Desert, but the day-to- day management of the PDAC is operated by the Family YMCA of the Desert (YMCA). The City of Palm Desert provides the daily Admission Fee structure, the direction to bring in outside groups and teams, the finances to operate the facility, and input on some policy issues. The YMCA staff is in charge of setting operational policies and procedures, rules and regulations, and providing oversight of safety and use. Program fees (differing from daily Admission Fees) are set by the YMCA in consultation with the City of Palm Desert. While on the deck of the PDAC, all patrons renting facility space must adhere to the following Code of Conduct: 1. The PDAC encourages an atmosphere of working together with mutual respect between staff and all patrons. We expect all patrons and staff member's to treat each other professionally, based on mutual respect, trust, and individual dignity. 2. It must be viewed to be a privilege to use or work at the Aquatic Center. Failure to utilize or work at the facility professionally, or discuss issues professionally can result in dismissal from the PDAC. 3. Bullying will not to be tolerated in any form. (as defined by USA Swimming) 4. Aggressive and/or abusive behavior and/or profanity is not permitted. 5. The Aquatic Manager or her/his designee has complete authority to' close: the pool if safety is a cc nCem or for the following reasons: I Water L-inperature Unsafe Weather Conditions Water quality Structural, equipment failure, or maintenance requirements Full facility rental or special program use warranting a closure 6. The Aquatic Manager or her/his designee will make concerted efforts to communicate pool schedules, maintenance issues, and pertinent information to coaches and patrons. PIease direct all concerns and/or questions to the Aquatic Manager. 7. For all user groups that are coached: Coaches must sign in at the front desk upon arrival. All subsequent program users are also required to check -in at the front desk upon arrival. 8. Swimmers with a group/team swimming in rented space are not allowed to enter the water until a coach is present on deck. 9. All program coaches must sign off on Lane Use Sheet following program use. 10. AlI patrons must comply with facility rules, policies, and procedures at all times. 11. All user groups are expected to be considerate and clean up after use while at the PDAC. 12. In the interest of swimmer safety, coaches and patrons must refrain from engaging in conversation with or distracting lifeguards while they are on duty. 13. It is expected that all coaches, staff, and users give and distribute accurate and true information regarding the PDAC facility, the users of the facility and the use of the facility. Appendix Page 128 388 389 CONTRACT NO. C36620 S Zarr3-Recreational Pool s MOD par lane per hour 25 yard short course r_5 yards) SS5.04p•3_r.- tS 110.00p I:r a. far slides SSOAOp^hc" 15105.40p.hr •-for 25 card shcn eouae lase rase all five leas) - ith Zero depthpoal (does not izcada therapy." catch pool) For use of the entire recreational poolsrith slides: 5155,00p, -.-I SIS0.00p:$f.g" for less fan 50 SIS0,00p?=."/5'OS.00p hr,-' ior51-75 5205,00P hr."1 S230.00p>lm" for 76-100 S230.00p1r.' I S255.00p:Im - for I01-125 Please esll for groups larger rhea M people Gtrteral Pool lnfarrnacion The two slides errs be tuod s:iththis pool one dosed tabs slide and one open uba slide) Pool nzW besu3 v: three :gwrare:ecnon« zero dapth emtr•• madiagpool (*pieally used for disabil- ity class and, sent-chu classes) One there, ypool (tppieallyu.sed for thefspy and aero- bics ezerc°ses) 5) 25 nerd shortcotrsa lma typically- used car lap s ;m Pool typicsl-% operates st a teraparaure of S4 degree . Splash Playground: SSO.Obp•iu."IS10500phr!"- - - .. lbrtist:3oc w ....- 50 Meter Commtita-e Pool_ SS.0opeflanepeshourshottcotxst 25 yards, non-exclusive pool tie) S10.00par1meporhour 1=3eebutsa 50 meters, non-=clusa a poaIusa) Exclusive sue of the shalIotr sacdou: 535. 00p lm-15d5,00p,iss,-" aclusire use of the diving boards: Ss0. 00p..,hr.• 15105A4p is" Exdusire use of the entire 30 meter competition pool without diving boards or:tasting blocks: 330A0p Ir.' 1 S430.00p:'hr,"' Exclusive use of the entire 50 meter competition pool with diving boards and/orstartingbloclm S3 SO.00p > r II 1 S505.00p:•l:r,— GenrralPoofInfo nna&n PoolasaFbetut- wed into (16)25yatdshortcaoaelanasor 3) 30 meter toe; course lanes Poolhears)Imeter diving bot:dsand fr)3soeterdiving boards Pool is 3` 6" to 4*6" at the shalo= and ir d p ro grass a s to 15'6" at+ e dmpast end, PooI rpiealk operates at a tempem-are of 81 degrees m P&M parr Fc dtr= F "ti orrP.c'd0-- FallFacs7itti Rental S600.00phrg.S50. 00pir•— .... i .. - Full facility rental includes recreatknpool, 10mpool, di - tngboards,aatersides,splashpis piAud,tochirvems, and multiuse loom. Full tads-t_• r-muls are msde by faquest, and stproval must b-33ntad. A minimmn oft hours mostberented. Home Team Swim Aleet Rental Rates Home team meet fee is S2600.00 for theda;•. This includes 4 lifeguards, l 1Lmapr on Duty gi:t Supervisor, I Front Desk staff Fraagir: ma aerczarnentreses the right to r_qtlSe attritional lifeguards at S20) per hr. i P'?P: De:at A. a:idsr_• u 1'o,t? :::dam.: Appendix Page 130 390 391 CONTRACT NO. C36620 ti January 13th CAP (review/first time) Chapter 10 - First Aid Extrications w/CPR May 12th Chapter 11 - Caring for Head, Neck Spinal Injuries Scanning Drills/Zone Coverage Spinal July 28th Chapter 9 - Cardiac Emergencies CPR Practice 2018 In -Service Training Schedule February 10th March 10th Chapter 3 - Chapter 9 - Surveillance and Recognition Cardiac Emergencies Spinal May Z6th Chapter I -- The Professional Lifeguard Chapter 7 - Before Providing Care and Victim Ass ssment S Rp1 Policy Enfo st ent Aug8th Water Polo Set-up Paper Plate Awards Weather Reminder November 10th Chapter 9 - Cardiac Emergencies Extrications w/CPR SWIM fully clothed Rule/Policy Enforcement SWIM June 14th All Staff In -Service CAP (first time) EAP drills w/ Front Desk Staff Attendance Policy/Calling Out September 15th Chapter 3 - Surveillance and Recognition Stroke/Heart Attack SWIM - December 15th Chapter 1 - The Professional Lifeguard Chapter 8 - Breathing Emergencies Conscious and Unconscious Choking SWIM April 14th Chapter 2 - Facility Safety Reports and Forms Fecal Contamination Simple Active Rescues July 14th Chapter 4 - Injury Prevention Chapter 10 - First Aid Policies and Procedures SWIM October 13th Tarp Training Appendix Page 132 392 uoNTRACT NO.C38820. j %tkmM9kthRa rtA+yca r | Y. t r j--... __ j \ j _ t- j Appendix Page 133 393 CONTRACT NO. C36620 m Tue Feb 6 5:30am — 7:00am 8:15am — 9:15am 8:50am — 9:45am 10:00am—10:45am 11:00am — 4:OOpm 3:15pm — 5:45pm 3:30pm — 5:00pm 4:OOpm — 5:00pm 4:00pm — 5:00pm 5:00pm — 6:00pm 5:00pm — 6:00pm 6:OOpm — 6:30pm 6:00pm — 7:OOpm 6:15pm — 7:00pm Wed Feb 7 5:30am — 6:30am 8:00am—10:00arn 9:00am — 9:45am 10:50am — 11:45am 1 1:OOam—12:00pm 11:00am—1:OOprn 3:OOpm — 5:00pm 3:15pm — 5:45pm 3:30pm — 4:30pm 4:OOpm — 6:OOpm 5:00pm — 6:00pm 6:00pm — 7:30pm 6:00pm — 8:00pm 6:30pm — 7:30pm 7:00prn — 8:00pin D Piranhas - Lap Pool Lanes 6-8 17 0 G, Restorative Yoga - Multi -Use Room 0 n O Deep Water Exercise - Lap Pool Lanes 12-16 0 ,a z7j Arthritis Water Exercise - Rec. Pool 0 P T Desert Swim Academy - Rec. Pool Lane 5 0 P G Xavier Water Polo - Lap Pool Lanes 9-16 0 Q D PDSC - Lap Pool Lanes 1-8 0 d0 G PDSC - Rec. Pool Lanes 1-3 0 9 D Desert Swim Academy - Rec. Pool Lanes 4 0 ,Q t71PDSC -Lap Pool Lanes 1-6 0 4 E. Desert Swim Academy - Rec. Pool Lane 5 0 D PDSC - Lap Pool Lanes 3-6 0 a DTrtions - Lap Pool Lanes 9 & 10 0 .0 Q Shallow Water Exercise - Shallow End & Lanes 1 & 2 0 P C Tritons - Lap Pool lanes 7 & 8 0 LP r' Tritons - Lap Pool Lane 3 G .0 E Shallow Water Bootcamp - Rec. Poo 0 D Deep Water Boot Camp - Lap Pooj Lanes 12-16 0 n E PDAC Masters - Lap Pool Lanes 6-8 13 0 7ij Management Meeting - Multi -Use Ro )m 0 0 E PDSC -Lap Pool Lanes 1-6 0 0 G, Xavier Water Polo - Lap Pool Lanes 10-16 0 0 G> PDAC Rec. Swim Team - Lap Pool Lanes 7-9 13 40 PDSC = Lap Pool Shallow End Lane A 19 p T PDSC - Lap Pool Lanes 1-8 0 io E! Piranhas - Lap Pool Lanes 1 & 2 0 a C! Scorpions Water Polo - Lap Pool Lanes 7-16 0 P C- Piranhas - Lap Pool Lanes 3-6 a 4 r Tritons - Lap Pool Lane 4 0 :g Appendix Page 134 394 ITRACT NO..C3662Q, SoMeterpool t.l.ndt=f -0i21t6 Tithe Lan" s.n:. t 2 3 4 5 6 71 .8 S I 10 1 lI ! fl. A: 13 1 K I K I i6 sm Lap Lap Lap :Lap Lap Lap Tritons.: 6: 00 Sri Sri Sri Sul Sri Sri 5:30-6-.30 6: 30 m .. :m-' m m m m Lap i Lap MeauxLC:: LC LC LC Lc LC Sri 1 Sri 7. 30 Turning M b 8: 00 Open I COD 8:00-8:15 LapLap Lap Lap HO: Sr Sri Sri Ste! 30aft In, m m in COD * 30-10:45 Se - Up for Diving nra,»' Deep Water Boot Camp.11:00- PDAC .: La'p Lap Lap Lap Sri Sri Sri uM.. IL'45 USMS .Sri m m m Tritons In Lap Diving Buatds 17:00- A Lap;: :.:. Lap Lip Lap.: Lap Site 3 bb 130 in Sri Lap Lap Sri Sri Sri Sri ' m . 20Qpn In Sri Sri. m m In ni 2 n m M. 00 8 pDSC 330 5 0 n.. s..t.r... a:ae as• Lap Xavier Swim Team 3:15-4:45 4. 30 ' r ooe 1 one Lap Lap Sri 50 a p- S 046 00 Sri I m Sri Lap Lap. L L L I5 v4ISmJmSriSriSulfi' pirarF.'s P;sC6:l)%h8:3 6 A o:fSQ•.:c30 Lap Lap L.lp a 7 Sri Sri Sri. Twit.' T3 Sri Sri m m m otls 8D o sho" 1 I 2 3 4 5 6 7 1 8 :1 9 1 10 1 11 1 12 1: 73 1 14 1 15 1 1S Alec Pacl/7.lultiuse Room Moreday. 412l18:. Time Lanels Time 3 1 4 :-1 5 ZeroDpth Catch PoolS 451%Pool Slides MuMuseRoom 5: 30am Sc30am 6: OOam 6 Oam ` f 6: 30arti 6:30am ' . _ . 7: OOart Closed 700am 7: 30am Open. 7.30am8: 00am Clow d Closed : Closed atoam 8: 30am- 9: OOam Shallow Hater Boot Camp 9:00- 9:00ain 430atti 9e45 9:30am . . 11MOam Closed dvMSite tOi,Wtn tlr wm akers Ioay. 1La0am AlTS : 1L603m 1L30am IP.SOamt200oe m 1t m 10opm Lap Lap'. Lap Up Open m k30pm Srim Swim Swim Swim Lap m pp Sxim 2 00230pm.. Open..:- Closed . Clow Open3o m 3: OOpm gyp m 4: 30pm Youth Swim Lessons;:OQ- YSL. Youth Swito 4'W pMG. ALTS Lesson m Wopm' s Mom. Lap SWAM . 630om Swim I Swim. Swim Swim Swim 000m 7. 0opm 7: 30ott) 7• 8. 8:OOpm m Appendix Page 135 395 CONTRACT NO. C36620 Swim. Lesson Evaluation Form Thank you for joining the Palm Desert Aquatic Center this session we have enjoyed working with you and we hope to see you again! Please fill out this evaluation of our program as we would love any feedback provided! Thank you and have a great day! Participant Name: Participant Class time: Participant Class name (Please circle): Parent -child A B Pre-school 1 2 3 Level 1 2 3 4 5 Rec. Team Instructor Name: Date: Did your child enjoy his/her instructor? (1, lowest, 10 highest) 1 2 3 4 5 6 7 8 9 10 Did your child's swimming abilities improve while in the session? 1 2 3 4 5 6 7 8 9 10 Did your child enjoy this class? 1 2 3 4 5 6 7 8 9 10 Was the instructor on time and prepared for the lesson? 1 2 3 4 5 6 7 8 9 10 Would you return for another session? Yes No Would you recommend this program to a friend? Yes No Any additional comments: Appendix Page 136 396 w VTRACT NO.'C3662q,' - r .. .. .. _ _ _ ' • .. A.A .rw•4• .... warr••nM1•CY,IY.nr .... ... w ... PALM LXsr-. cr ' . r r,:. AA ra A.•Ar••A•,.: A. riM. 2 11 vC 1. ; .. 1..,:u...n,. Ry w Lw.n.w.• .. .. .. Program Registration Form 73-Tsi MLgnelf fats Orivq u. 727a0 : 11' - - ,.-. ... ..'- .` .. _ -. .• _.. ,. .. I Cl:onft(760)561=7407.. 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C36620 Fee Schedule: General Admission Adult (13-59) Palm Desert Resident - $4.00 Non -Resident - $6.00 Youth/Senior (6-12 & 60+) Palm Desert Resident - $3.00 Non -Resident - $4.50 ' Junior (2-5) Palm Desert Resident - $2.50 Non -Resident - $3.75 Proerams Water Exercise Drop -In Palm Desert Resident - $6.00 Non -Resident - $8.00 Masters Swim Drop -In 10.00 Restorative Yoga Drop -In 15.00 Passes Adult Punch Card 25 Palm Desert Resident - $94.00 Non -Resident - $142.00 Youth/Senior Punch Card 25 Palm Desert Resident - $65.00 Non -Resident - $98.00 Adult 3 Month Pass Palm Desert Resident - $150.00 Non -Resident - $225.00 Youth/Senior 3 Month Pass Palm Desert Resident - $110.00 Non -Resident - $165.00 Adult Annual Pass Palm Desert Resident - $550.00 Non -Resident - $825.00 Youth/Senior Annual Pass Palm Desert Resident - $420.00 Non -Resident -, $630.00 Water Exercise Pass Palm Desert Resident - $65.00 Non -Resident -- $85.00 Masters Monthly Pass Adult - $50.00 Student (COD & CSUSB) - $40.00 Fitness Pass All Fitness Classes & Lap Swim) 99.00 Group Swim Lessons Palm Desert Resident - $60.00 Non -Resident - $80.00 Private Swim Lessons . 2 hr. Palm Desert Resident - $30.0( 2. hr. Non -Resident - $40.00 Mr. Palm Desert Resident - $50.00 Ihr. Non -Resident - $60.00 Z hr. 1 Opk. Palm Desert Resident - $270.00 z hr. lOpk. Non -Resident - $360.00 Ihr. IOpk. Palm Desert Resident - $450.00 1hr. I Opk. Non -Resident - $540.00 Appendix Page 138 398 4TRACT NO. C36620 This page has intentionally been left blank.] 399 CONTRACT NO. C36620 Family YMCA of the Desert Palm Desert Aquatic Center Cost Proposal.2018.2019 p.h es,, Salaries Manager 65,000 . Office Supplies. _ 3,000 Salaries Instructors 99,948 Janitorial Expense 5,900 f Salaries fife Guards 299,713. Supplies First Aid 1,000 j. Salaries Concession: 22,870 Program Supplies 6,514 Salaries Supervisor Programs 51,000 Concession Supplies 2,500 Salaries LG:Supervisor 50,000 Food Expense 180500 Salaries Customer Service 80,518 Beverage Expense 61500- Salaries Pool Admin 37,622 Merchandise/Soft Goods 7,000 j Salaries Maintenance Supervisor 60,000 Managers Cell Phone Expense 216 Salaries Maintenance/Janitor 20055.0. Fingerprints/Medical.Clearance 2,000. Salaries_ Security. 10,638 Maintenance & Repair Building 17,200 Health Insurance 22,500 Rental Equipment 1,000 Retirement 21,090 .. Other Special Event Expense 800". Payroll Tax 61,0.36. - P/R Marketing Expense 200 Unemployment Expense 19,946 Printing 900 Workers Comp Expense 39,893 Transportation Expense 425 Total Salaries 962,323 Training/Conference : 3;500 Dues/Organizational 175 Bank Charges 9,085 Insurance Expense 21,960 Miscellaneous Expense 700 Employment Promo/Staff Appraisal 400 ,- - e . e Employee Uniform IF Expense d 41800 . Total Salaries 962,323 Management U .500. Total Other Exp 279,275, Administration ost 52 500uses Total Salaries/Other Expense 1,241,598 I Total Other Expenses 279,275 400 VTRACT NO. C36620 25. P/R Marketing —This has not always been needed but at times additional marketing is utilized. 26. Printing— Rack cards printed for the 3 seasons. ' 27. Transportation — Reimbursement for staff that go out to pick up supplies, food, beverage or go to a meeting/training. 28. Training/Conference — Planning for Title 22 trainer certification, lifeguard instructor trainer certification, water safety instructor trainer certification, adult learn to swim instructor, and heat exchanger training. 29. Dues— Cost to renew Costco membership. 30. Bank Charges These are the fees for credit card services and bank activity fees. 31. Insurance Expense —This is an estimate based on prior year. 32. Miscellaneous —This line item is needed at times; therefore a small amount has been budgeted. 33. Employment Promo —This is to recognize employee of the month, and to reimburse items for employee meetings. 34. Employee Uniform —Uniform expense not only includes shirt and shorts but also items such as whistle, badge, rescue tube and hip pack. 35. Management & Administration —An analysis was completed based on number of hours that administration dedicates to PDAC for areas such as Human Resources and Finance. Additionally costs for computer support; office supplies, audit costs, utilities and P/R Marketing have been incorporated. Reflecting back to the original reimbursement amount set in 2013, a 25% increase is needed. 401 CONTRACT NO. C36620 TO: Johnny Terfehr FROM: David Keyes —Aquatics Manager Rob Ballew — Executive Director Vanessa Walker— Director of Finance 2018-2019 COST PROPOSAL NARRATIVE SALARIES: 1. Manager — No increase added. 2. Instructors —This increase is due to state pay increases and additional private swim lessons that we plan an having. 3. Life Guards — Less staff are budgeted as a new Supervisor will take on additional duties, but due to pay increases this line item has increased. 4. Concessions — Only needed March — Sept. when concessions is open. S. Supervisor Programs — Oversees all lane/facility rentals, supervises swim and fitness instructors and completes trainings for staff. 6. Lifeguard Supervisor — Supervises all lifeguards and serves as back up for administration. 7. Customer Service — Only state pay increases were added; staffing stayed steady. 8. Pool Admin — Hourly full time position to complete deposit, oversee inventory and purchase food, beverage and retail items. Oversees concessions staff during season. 9. Maintenance Supervisor/Janitor/Security —This includes the Maintenance Supervisor with a needed increase, staff that clean the facility and security needed during season. 10. Health Insurance — This is an estim to based on prior year as new rates have not been completed. 11. Retirement — Retirement is only Ifo full time employees that have worked over 1,000 hours in 2 consecutive years. They earn 1 % in retirement benefits. 12. Payroll Tax/Unemployment— Calculated at current rates. 13. Workers Comp Expense — We have yet to receive updated rates. Budgeted based on prior year actuals. OTHER EXPENSES: 14. Office Supplies — David feels that based on their current needs; this is accurate. 15. Janitorial — This is budgeted to only go up slightly. 16. First Aid — Expenses slightly higher due to needs. 17. Program Supplies —This is budgeted to only go up slightly as we would like to purchase new mannequins for the Red Cross/Lifeguard Certification classes. 18. Concessions/Food/Beverage — Kept consistent to prior year. 19. Merchandise —This has gone up as there have been more need for kick boards, goggles and pull buoys. 20. Cell Phone — Budget amount decreased. Will only be needed to reimburse 25% of David's phone. 21. Fingerprint/Medical Clearance — Every new hire must be fingerprinted and TB tested. 22. Maintenance & Repair— Staying close to prior year actual. 23. Rental Equipment — This is for the purchase of fins, life vests, locks, kickboards, and life buoys. Purchases made in the spring and summer. 24. Other Special Event — Items purchased in the fall for Y Be Fit and in the spring for the Underwater Easter Egg Hunt. 402 ATRACT NO. C36620 0 FAMILY YMCA OF TIE DESERT Financial Statements Year ended June 30, 2017 With Independent Auditors' Report Thereon) t I 0 403 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Financial Statements Year ended June 30, 2017 TABLE OF CONTENTS Page Independent Auditors' Report 1 Financial Statements: Statement of Financial Position 3 Statement of Activities 4 Statement of Functional Expenses 5 Statement of Cash Flows 7 Notes to the Financial Statements 8 Supplementary Information: Schedule of Federal and State Awards 20 Combining St itement of Financial Position 21 Combining Statement of Activities 22 Schedule of Expenditures by State Categories 23 Reconciliatiou of CDE and GAAP Expense Reporting 24 Schedule of Reimbursable Equipment Expenditures 25 Schedule of Reimbursable Renovation and Repair Expenditures 26 Schedule of Reimbursable Administrative Costs . 27 Audited Attendance and Fiscal Report for California State Preschool Program 28 Audited Reserve Account Activity Report 31 Notes to Supplementary Information 32 Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 33 Schedule of Findings and Questioned Costs 35 Status of Prior Year Audit Findings 36 I 404 ATRACT NO. C36620 c:) I DavisFa r r CERTIFIED PUBLIC ACCOUNTANTS Board Members Family YMCA of the Desert Palm Desert, California Independent Auditors' Report Report on the Financial Statements Davis Farr LLP 2301 Dupont Drive i Suite 200 i mine, CA 92612 Main:949.474.2020 1 Fax:949.263.5520 We have audited the accompanying financial statements of the Family YMCA of the Desert, which comprise the statement of financial position as of June 30, 2017, and the related statements of activities, functional expenses and cash flows for the year then ended and related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this . includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on th= financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General, of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. 405 CONTRACT NO. C36620 Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Family YMCA of the Desert as of June 30, 2017 and the changes in its net assets and its cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States of America. Report on Summarized Comparative Information We have previously audited the Family YMCA of the Desert 2016 financial statements, and we expressed an unmodified audit opinion on those audited financial statements in our report dated October 14, 2016. In our opinion, the summarized comparative information presented herein as of and for the year ended June 30, 2016 is consistent, in all material respects, with the audited financial statements from which it has been derived. 01her Matters Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying supplementary information, as required by the California Department of Education, is presented for purposes of additional analysis and is not a required part of the consolidated financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and in conformity with the Guide for Auditing Child Development, Nutrition, and Adult Basic Education Programs issued by the California Department of Education. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole. Other Reporting Requirements Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated September 11, 2017 on our consideration of the Family YMCA of the Desert's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Family YMCA of the Desert's internal control over financial reporting and compliance. A 94-'t- aP September 11, 2017 Irvine, California 406 ATRACT NO. C36620 Family YMCA of the Desert Statement of Financial Position June 30, 2017 with comparative totals as of June 30, 2016) 2017 2016 Assets Cash and cash equivalents 3,472,054 3,286,939 Investments (note 3) 452,925 451,347 Unconditional promises to give (note 4) 24,164 73,195 Accounts receivable 306,893 365,124 Prepaid expenses 33,677 38,549 Inventory 4,546 4,485 Other assets (note 4) 50,085. 49,587 Buildings and equipment, net (note 5 and 6) 317,386 322,208 Total assets 4,661,730 4,591,434 Liabilities and Net Assets Accounts payable 75,114 169,876 Accrued expenses 282,518 302,151 Agency funds - aquatic program (note 12) 249,050 326,362 Unearned revenue (note 10) 128,093 118,670 Total liabilities 734,775 917,059 Net assets (note 13): Unrestricted: Undesignated 2,733,441 2,466,983 Board designated 313,156 353,069 Total unrestricted net assets 3,046,597 2,820,052 Temporarily restricted 880,358 854,323 Permanently restricted Total net assets 3,926,955 3,674,375 Total liabilities and net assets 4,661,730 4,591,434 See accompanying notes to financial statements 3 407 CONTRACT NO. C36620 Family YMCA of the Desert Statement of Activities Year, ended June 30, 2017 with comparative totals for the year ended June 30, 2016) Temporarily Permanently Totals Unrestricted Restricted Restricted 2017 2016 Support and Revenue: Contributions 903,181 23,000 - 926,181 855,198 Private foundation grants 411,065 411,065 452,633 Government grants 361,087 361,087 226,739 CDE childcare contracts and grants 1,275,827 1,275,827 1,061,891 ASES childcare contracts 2,042,266 2,042,266 2,004,824 United way 45,138 45,138 43,757 Special events, net (note 15) 164,564 164,564 178,902 Memberships 45,223 45,223 47,943 Program services 2,628,447 2,628,447 2,694,483 Interest and dividends 6,241 3,035 - 9,276 7,863 Other income 246 246 3,124 Total support and revenues 7,883,285 26,035 - 7,909,320 7,577,357 Expenses: Program Services: ASES child cane 2,137,475 2,137,475 2,047,993 State CDE preschool 1,146,853 1,146,853 979,413 General child care 1,318,999 1,318,999 1,339,669 Aquatics 974,237 974,237 861,044 Other programs 1,671,590 1,67I,590 1,617,385 Total program services expenses 7,249,154 7,249,154 6,845,504 Supporting services Management and general 180,422 180,422 147,941 Fundraising 227,164 227,164 188.180 Total supporting services expenses 407,586 407,586 336,121 Total expenses 7,656,740 7,656.740 7,181,625 Increase (decrease) in net assets 226,545 26,035 - 252,580 395,732 Net assets at beginning of year 2,820,052 854,323 - 3,674,375 3,278.643 Net assets at end of year 3,046,597 880,358 - 3.926.955 3,674,375 See accompanying notes to financial statements 4 408 CONTRACT NO. C36620 Family YMCA of the Desert Statement of Functional Expenses Year ended June 30, 2017 with comparative information for the year ended June 30, 2016) Program Services ASES State CAE General Other Child Care Preschool Child Care Aquatics Programs Salaries and wages 1,417,869 650,070 679,396 728,149 749,429 Audit and legal 14,485 3,223 Bad debts Bank charges Depreciation and amortization 63,465 Employee benefits . 42,091 32,894 42,724 23,770 32,607 Equipment maintenance 8,288 18,000 17,611 76,528 Food 56,522 48,390 22,335 19,678 Insurance 81,683 51,300 67,984 54,888 103,255 National fees 83,140 Occupancy expenses 26,586 41,613 222,284 1,870 46,184 Office expenses 7,512 3,405 13,496 10,838 Organizational development 2,411 449 23,570 Other program expenses 4,107 819 189,016 Outside services 407,851 50,505 73,323 57,928 Payroll taxes 107,047 47,983 50,364 54,118 52,516 Pension plan contributions 17,510 40,484 37,718 23,440 39,165 Printing 330 4,459 Supplies 25,262 49,216 55,347 26,460 84,403 Sustaining campaign expenses Taxes and licenses 3,247 2,559 7,295 1,944 2,900 Training.and conferences 797 2,65.6. 2,221 4,070 2,031 Transportation 7,532 3,406 6,441 488 27,255 Admin allocation 84,949 Total expenses 23137,475 1,146,853 1,318,999 974,237 1,671,590 See accompanying notes to financial statements 5 409 CONTRACT NO. C36620 Family YMCA of the Desert Statement of Functional Expenses Year ended June 30, 2017 with comparative information for the year ended June 30, 2016) Supporting Services Management Totals Subtotal and General Fundraising Subtotal 2017 2016 4,224,913 78,191 129,158 207,349 4,432,262 4,278,772 17,708 6,115 6,115 23,823 32,302 13,144 13,144 13,144 17,579 21,440 21,440 21,440 16,237 63,465 11,200 11,200 74,665 67,225 174,086 1,665 2,750 4,415 178,501 130,526 120,427 4,485 1,164 5,649 126,076 89,102 146,925 146,925 145,678 359,110 8,164 6,447 14,611 373,721 286,222 83,140 9,781 4,891 14,672 97,812 55,526 338,537 8,382 2,794 11,176 349,713 335,915 35,251 7,327 1,582 8,909 44,160 46,580 26,430 5,892 5,892 32,322 32,930 193,942 19,430 19,430 213,372 238,472 589,607 58,493 1,030 59,523 649,130 533,399 312,028 5,398 8,918 14,316 326,344 315,901 158,317 6,050 9,992 16,042 174,359 154,288 4,789 836 279 1,115 5,904 4,454 - 240,688 213 213 240,901 270,980 51,050 51,050 51,050 48,715 17,945 597 597 18,542 16,774 11,775 2,031 2,031 13,806 16,033 45,122 2,429 1,217 3,646 48,768 48,015 84,949 84,949) 84,949) 7,249,154 180,422 227,164 407,586 7,656,740 7,181,625 See accompanying notes to financial statements 6 410 CONTRACT NO. C36620 Family YMCA of the Desert Statement of Cash Flows Year ended June 30, 2017 with comparative totals for the year ended June 30, 2016) 2017 2016 Cash flows from operating activities: Increase in net assets 252,580 395,732 Adjustments to reconcile increase (decrease) in net assets to net cash provided by operating activities: Depreciation and amortization 74,665 67,225 Net unrealized and realized (gain) loss on investments 1,503) 1,484) Proceeds from disposal of fixed assets 3,000 Increase) decrease in unconditional promises to give 49,031 30,387) Increase) decrease in accounts -receivable 58,231 99,487 Increase) decrease in prepaid expenses 4,872 1,273) Increase) decrease in inventory 61) 616 Increase) decrease in other assets 498) 268) Increase (decrease) in accounts payable 94,760) 114,308 Increase (decrease) in accrued expenses 19,634) 62,088) Increase (decrease) in agency funds - aquatic program 77,312) 50,817 Increase (decrease) in unearned revenue 9,423 31,005 Net cash provided by operating activities 255,034 666,690 Cash flows from investing activities: Proceeds from sale of investments 44,288 Purchase of fixed assets 69,843) 45,562) Net cash flows provided (used) by investing activities 25,555) 45,562) Net increase (decrease) in cash and cash equivalents 229,479 621,128 Cash and cash equivalents at beginning of year 3,286,939 2,665,811 Cash and cash equivalents at end of year 3,516,418 3,286,939 There were no significant noncash investing and financing activities for the years ended June 30, 2017 and 2016. See accompanying notes to financial statements 7 411 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 1) Nature of Oreanization CONTRACT NO. C36620 Family YMCA of the Desert (the "Organization") was incorporated on July 19, 1982, for the purpose of providing recreational and other programs for the benefit of its members and for the community at large. The corporate office is located in Palm Desert, California. The Organization offers program services in Palm Desert and at various sites and childcare facilities throughout the Coachella Valley region of Southern California. The Organization is both publicly and privately funded. The Organization has childcare service contracts with local school districts and with the California Department of Education (CDE). The Organization receives grants from local city governments, private donations, membership fees and program service fees. The Organization also has an operating agreement with the City of Palm Desert (the "City") to manage the City's Aquatics Center. Child care fees represent the largest component of program service income. After -school preschool and child care contracts with local school districts represent the largest component of government grants. 2) Summary of Significant Accounting Policies a) Basis of Accounting The financial statements of the Family YMCA of the Desert have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America. b) Financial Statement Presentation The Family YMCA of the Desert has implemented the financial statement presentation recommended by the Financial Accounting Standards Boards (FASB) in its Accounting Standards Codification (ASC) 958-205, Presentation of Financial Statements. Under ASC 958-205, the Family YMCA of the Desert is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. c) Sunuort and Revenue Annual contributions are generally available for unrestricted use in the related year unless specifically restricted by the donor. Unconditional promises to give are recorded as revenue when received. Unconditional promises to give that are expected to be collected within one year are recorded at net realizable value. Unconditional promises to give that are expected to be collected in future years are recorded at the present value of their estimated future cash flows. The discounts on those amounts are computed using risk -free interest rates applicable to the years in which the promises are received. Amortization of the discounts is included in contribution revenue. Conditional promises to give are not included as support until the conditions are substantially met. An allowance for uncollectible promises is provided based on management's evaluation of potential uncollectible promises receivable at year-end. 412 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 2) Summary of Significant Accounting Policies. (continued) c) Suauort and Revenue. (continued) Grants and other contributions of cash and other assets are reported as temporarily restricted support if they are received with donor stipulations that limit the use of the donated assets. ,When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Endowment contributions are permanently restricted by the donor. Contributions of donated noncash assets are recorded at their fair value in the period received. Contributions of donated services that create or enhance nonfinancial assets or that require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation, are recorded at their fair values in the period received. Program service fees (primarily childcare fees) are recorded when services are provided. d) Cash and Cash Equivalents The Family YMCA of the Desert considers cash, demand deposits, money market funds and all highly liquid debt instruments purchased with an original maturity of three months or less to be cash and cash, equivalents. The following items on the statement of financial position were considered cash and cash equivalents for purposes of the Statement of Cash Flows as of June 30, 2017: Petty cash $ 1,760 Demand deposits 3.514.658 Total 3.51 G.41 g These accounts may, at times, exceed federally insured limits. The Family YMCA of the Desert has not experienced any losses in such accounts and does not believe it is exposed to any significant credit risk on cash and cash equivalents. e) Investments The Family YMCA of the Deseres investments are carried at fair value using quoted market prices with gains and losses included in the Statement of Activities. Investments can include certificates of deposit, equities, U.S. goverment bonds and corporate bonds. The funds are subject to gains or losses of principal based on fluctuations in market prices. 9 d 413 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 J2) Summary of Significant Accounting Policies( (continued) f) Fair Value Measurements Accounting Standards Codification defines fair value, establishes a frarr disclosures about fair value measu investments under ASC 820. The St distinguishes between assumptions t the Organization's assumptions (ui asset or liability falls within that hie; is significant to the fair value mea pricing method used within either U value measurement that effectively hierarchy consists of three broad leve Level I — Inputs to the v prices for identical assets or CONTRACT NO. C36620 ASC") 820, Fair Value Measurements, work for measuring fair value and expands ments. The Organization accounts for its tement establishes a fair value hierarchy that sed on market data (observable inputs) and bservable • inputs). Determining where an trchy depends on the lowest level input that irement as a whole. An adjustment to the iel 1 or Level 2 inputs could generate a fair alls in a lower level in the hierarchy. The as follows: methodology are unadjusted quoted c in active markets. Level 2 — Pricing inputs are other. than quoted prices in active markets, which are either directly or indirectly observable as of the reporting date, and fair value is determined tluough the use of models or other valuation methodologies. Level 3 — Pricing inputs are unobservable for the instrument and include situations where there is little, if any, market activity for the instrument. The inputs into the deteniination of fair value require significant management judgment or estimation. In some instances, the inputs used tlo measure fair value may fall into different levels of the fair value hierarchy. In I such instances, an instrument's level within the fair value hierarchy is based on the lowest level of input that is significant to the fair value measurement. Market price is affected by a number of factors, including the type of instrument and the characteristics specific to the instrument, as well as the effects of market, interest and credit risk. Instruments with readily available active quoted prices or for which fair value can be measured from actively quoted prices generally will have a higher degree of market price observability and a lesser degree of judgement used in measuring fair value. It is reasonably possible that changes in values of these instruments will occur in the near term and that such changes could materially affect amounts 'reported in the Organization's financial statements. 10 414 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 2) Summary of Sienificant Accountine Policies. (continued) g) Receivables Grants, contracts and accounts receivable are stated at the amount management expects to collect from outstanding balances. Management provides for probable uncoilectible amounts through a provision for bad debt expense and an adjustment to a valuation allowance based on its assessment of the current status of individual receivables from grants and contracts and individual accounts. Balances that are still outstanding after management has used reasonable collection efforts are written off through a debit to the valuation allowance and a credit to the applicable receivable. h) Other Assets Amounts reported as "other assets" include the expected value of a life insurance policy and a time-share unit that was donated. This asset was capitalized at its fair market value at the time of donation. This asset is not subject to depreciation. i) Pronertv and Eouinment The OrgmAzation's property and equipment are recorded at cost, or in the case of donated items, at estimated fair market value at the date of the gift. Maintenance and repairs are expensed when incurred and betterments are capitalized. Property and equipment are depreciated using the straight-line method over their estimated useful lives of three to thirty years. It is the policy of the Organization to' capitalize all assets $1,500 and greater. j} Capitalized Lease Cost Capitalized lease cost is stated at cost and is being amortized over its useful life of thirty-five years using the straight-line method. k) Donations and Contributions Unconditional promises to give and contributions received are recognized as revenues or gams in the period received. Unconditional promises to give due in future years are recorded at their net realizable value. Contributions with donor -imposed restrictions are reported as temporarily or permanently restricted revenues. Temporarily restricted net assets are reclassified to unrestricted net assets when an expense is incurred that satisfies the donor - imposed restriction or when a time restriction has been met. 415 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 2) Summary of Sianificant Accountine Policies. (continued) 0) Contributed Services. Materials and Facilities. Contributions of services are recognized if the services received create or enhance non -financial assets or require specialized skills, are purchased by individuals possessing those skills, and would typically need to be purchased if not provided by donation. Contributions of donated noncash assets are recorded at their fair value in the period received. The Organization occupies and offers on -site program services at facilities owned by local cities. The Organization does not pay rent for the use of such facilities. The estimated fair rental value of contributed facilities is recorded as contribution revenue. The Organization receives donated services from a variety of unpaid volunteers assisting the Organization in its program services and fundraising campaigns. No amounts for such donated services have been, recognized in the accompanying financial statements since no objective basis is available to measure the value of such services. Contributed services requiring specific expertise are recognized in the accompanying financial statements. The Organization recognizes contributed rent expense on certain facilities. Donated rent, supplies and vehicles for the year ended June 30, 2017 totaled 232,652. The fair value of contributed rent, vehicles and supplies has been measured on a nonrecurring basis using quotes prices in active or inactive markets for the same or similar assets. m) Income Taxes The Organization is a California nonprofit corporation, which operates as a public charity and is exempt from Federal and State Corporate income taxes under Section 501 (c)(3) of the Internal Revenue Code and similar state statutes. Therefore, no provision is made for current or deferred income taxes. The Organization uses the same accounting methods for tax and financial reporting. U.S. Generally Accepted Accounting Principles provide accounting and disclosure guidance about positions taken by an organization in its tax returns that might be uncertain. Management has reviewed the significant tax positions taken by the Organization in its federal and state information, returns and believes that none of the tax positions taken by the Organization will result in contingent tax liabilities. The Organization's tax and information returns are subject to examination by federal and state taxing authorities, generally for three and four years respectively, after they are filed. n) EXDense Allocation The costs of providing the various programs and other activities have been summarized on a functional basis in the Statement of Activities and in the Statement of Functional Expenses. Accordingly, certain costs have been allocated among the programs and supporting services benefited. 12 416 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 2) Sumrnary of Sienificant Accountina Policies, (continued) o) Net Assets To ensure observance of limitations and restrictions placed on the use of financial resources available to the Family YMCA of the Desert, the accounts of the Family YMCA of the Desert are maintained in accordance with the principles of net asset accounting. This is the procedure by which financial resources for various purposes are classified for accounting and reporting purposes into net asset classification established according to their nature and purpose. Separate accounts are maintained for each net asset classification; however, in the accompanying financial statements, net asset classifications that have similar characteristics have been combined into net asset groups as noted below. Net assets and revenue, gains, expenses, and losses are classified as unrestricted, temporarily restricted, or permanently restricted, as follows: Unrestricted net assets represent the portion of net assets over which the governing board has discretionary control for general operations of the Organization. The only limits on unrestricted net assets are limits resulting from contractual agreements. Temporarily restricted net assets consist of the portion of net assets resulting from contributions, pledges and -other inflows of assets whose use by the Organization is limited by donor -imposed restrictions that expire by passage of time or accomplishment of purpose. When the purpose/time restrictions are accomplished, the temporarily restricted net assets are reclassified to unrestricted net assets. Permanently restricted net assets consist of contributions, such as permanent endowment fluids, subject to donor imposed stipulations that the principal be maintained permanently by the Family YMCA of the Desert. Generally, the donors permit the Family YMCA of the Desert to use all or part of the income earned on these assets. - p) Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. However, management anticipates any -variances to be immaterial. 13 417 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 2) Summary of Simi ficagAccountin¢ Policies. (continued) q) Prior Year Data Selected information regarding the prior year has been included in- the accompanying financial statements. Certain reclassifications have been made to prior year amounts in order to conform to the current year presentation. This information has been included for comparison purposes only and does not represent a complete presentation in accordance with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Family YMCA of the Desert's prior year financial statements, from which this selected financial data was derived. 3) Investments The following table presents investments recorded at fair value as of June 30, 2017 and indicates the fair value hierarchy of the valuation techniques used to measure fair value as described in note 2(f). Total Level ) Level 2 Level 3 Cerificates of deposit $ 452.925 - 452.925 - Total investments $ 5 - = 452.925 . - 4) Unconditional Promises to Give and Split interest Aercements The amount of unconditional promises to give at June 30, 2017 was as follows: Sustaining Campaign $ 24,164 Less: allowance for uncollectible pledges - Net unconditional promises to give Amounts of unconditional promises to give due in: Less than one year $ 24,164 One to five years - More than five years Bad debts expense of $13,144 was recorded during the year in connection with the sustaining campaign. 14 418 4) 5) 6) CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 Unconditional Promises to Give and Split interest ALueements. (continued) The YMCA has been named a beneficiary in a split interest agreement. The Organization's beneficial interest in split interest agreements is reported as part of other assets and carved at fair value, which the Organization has estimated based on the present value of the expected future cash inflows. Based on donor life expectancy and discount rate of 4.5% based on the risk of the agreement, the fair value of the Organization's interest is $39,795 as of June 30, 2017. PrOpertv and Equipment Property and equipment at June 30, 2017 are summarized as follows: Building Improvement and Modulars $ 719,090 Leased Building 250,000 Office Equipment and Furniture 206,155 Automobiles 172,520 Computer Equipment 31,633 Program and Educational Equipment 197.892 1,577,290 Less: Accumulated Depreciation (1,259.904) 317.386 Depreciation and amortization expense was $74,665 for the year ended June 30, 2017. Capitalized Lease Cost In May 1989, the Organization entered into a lease to occupy its current facility from the City of Palm Desert (the "City"). The lease had an initial term of ten years commencing on May 1, 1990, with two options to extend the lease term for twenty-five years each. In February 1999, the lease term was subsequently modified to an initial term, of fifteen years. In August 2005, the lease terms were again modified to extend the initial lease term for one additional year to expire on May 1, 2006. Each twenty-five year option requires the Organization to pay for expansion of the facility by 5,000 square feet. The Organization is responsible for all utilities, taxes and repairs to the facility as well as providing adequate insurance coverage. During a previous year, additional negotiations between the Organization and the City of Palm Desert resulted in submission of facility expansion plans to the City. A final architectural design for the Organization's existing facility has not yet been identified and a written lease extension contract has not yet been executed The initial consideration for the Organization to occupy -the facility was to deed two acres of Iand (valued at $150,000) to the City of Palm Desert as well as paying $100,000 in cash, for a total of $250,000. Amortization expense for the year ended June 30, 2017 was 7,143. Accumulated amortization at June 30, 2017, was $187,500. The net value of the 15 419 I CONTRACT NO. C36620 FAMILY YMCA OF TBE DESERT Notes to the Financial Statements Year ended June 30, 2017 capital lease at year end was $62,500 and was included with property and equipment on the statement of financial position. 7) Operating Leases The Organization leases certain office equipment, storage space and facilities under operating leases on a month -to -month basis and long-term leases with expiration dates reaching to June 2019. Future minimum payments under operating lease arrangements are as follows: Fiscalvear: 2018 $ 52,600 Total Some of the Organization child care centers and day camp facilities are leased on an annual basis with cancellation clauses or on a month to month basis. The Organization also leases facilities owned by several local cities with annual rents of $1 or less. Contributed rent expense is recognized on such lease arrangements. For the year ended June 30, 2017, contributed rent totaling $158,385 on various sites leased from local cities was recognized as contribution revenue and rent expense. During 2011, the Organization entered into a one-year lease with a board member. The lease agreement has since been extended for each year since. Operating rent of $13,200 was paid to this Board of Trustee member for the year ended June 30, 2017. Other rental expense for equipment, storage facilities, childcare and other program facilities for the year ended June 30, 2017 was $51,210. 8) Emnlovee Benefit Plan The Organization contributes on behalf of its employees to the YMCA Retirement Fund defined contribution pension plan. Under the plan, contributions were made based on 8% of the employee's annual salary. All full-time employees, at least 21 years of age, become eligible to participate in the plan after two years and 1,000 hours of service. Pension expense for the year ended June 30, 2017 was $174,359. This plan is administered by the National YMCA. 9) Accumulated Vacation Accumulated unpaid employee vacation benefits are recognized as accrued expenses in the accompanying financial statements. The liability is recognized in the program to which the liability relates. The value of accumulated vacation leave at June 30, 2017 is as follows: Non-CDE Sponsored Programs $ 75,977 CDE Programs 16.503 16 420 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 10) Unearned Revenue CONTRACT NO. C36620 Unearned revenue liability at June 30, 2017 is comprised of the following: Childcare and general program fees $ 103,350 Aquatics program fees 14,802 Q1 S program fees $ 12$.h941 Unearned revenue fees for childcare, aquatics and other general programs were applied towards program revenues in the next fiscal year. 11) CDE Child Develoument Reserves Child development contractors with the California Department of Education are allowed, with prior CDE approval, to maintain a reserve account from unexpended child development contract funds. Transfers from a reserve account are considered restricted income for child development programs, but may be applied to any of the contracts that are eligible to contribute to that particular program type. The Organization maintains a reserve account for its center based state preschool program and funds are deposited into an interest -bearing account. These funds are considered to be CDE funds, for which the Organization is merely acting as an agent holding the funds on behalf of the CDE. Upon termination of all child development center -based contracts with the CDE, unspent reserve funds have to be returned back to the CDE. f 12) Aaenev Funds The Aquatics Program is supported by the City of Pahn Desert. City support funds in excess of program expenses are held in a separate account and are refunded back to the City periodically. Agency funds totaling $249,050 have been reported as a liability in the statement of financial position, since these funds are considered to be unearned amounts associated with contracts to provide an aquatic program for the community of Palm Desert. 13) Net Assets Board designated and temporarily restricted net assets were available at June 30, 2017 for the following purposes: , 17 421 9 FAMILY YMCA OF THE DESERT Notes to the Financial Statements Year ended June 30, 2017 13) Net Assets. (continued) New facilities fund Future maintenance Programs Unemployment liability reserve Unrestricted Board Desip-nated 227,113 55,221 30.822 3 CONTRACT NO. C36620 Temporarily Restricted 862,713 17,645 During the past several years, the New Facilities Fund has borrowed from the Operating Fund to cover expenses related to capital campaign activities totaling $278,796. A due tolfrom has been established in the books for tracking purposes, but has been eliminated for financial statement reporting purposes. 14) Related Party Transactions As discussed in Note 7, facilities rent of $13,200 was paid to a Board of Trustee member for the year ended June 30, 2017. The Organization maintains banking relationships with several financial institutions. Two board members work at these institutions. The Organization had outstanding employee loans of $1,300 at June 30, 2017. This amount is made up of several staff that received training as part of their hiring requirements paid for by the Organization. The staff will reimburse the Organization through payroll deduction"in the next fiscal year. 15) Special Events Golf Other Hoedown Tournament Events Total Special event revenue $ 219,390 35,751 88,397 345,266 Less direct expenses (81.584) (9.314) (89.904) (180.702) Net support from special events -L.47) 4 16) Commitments and Contineencies The YMCA is a defendant in a lawsuit. At date of issuance, it was premature to calculate outcome and range of loss related to this Iawsuit. The YMCA has insurance that they anticipate will cover the full range of potential loss. 17) Subsequent Events Subsequent events have been evaluated through September 11, 2017, which is the date the financial statements were available to be issued. 18 422 CONTRACT NO. C36620 SUPPLEMENTARY INFORMATION 19 423 CONTRACT NO. C36620 Family YMCA of the Desert Schedule of Federal and State Awards Year Ended June 30, 2017 Federal Program Reimbursable State CFDA Grantor's of Award Revenue Disbursement/ Reserve Grantor Number Number Amount Recognized Expenditures Fund U.S. Department orAericulture Passed through California Department of Education, Child and Adult Care Food Program 10.558 S 96,916 96,916 112,938 Total Department Expenditures 96,916 96,916 112,938 Child Develooment Division State Preschool 93.596 and 93.575 CSPP-5340 1,164,132 1,118.376 1.049,937 68,439 Total Department Expenditures 1,164.132 1,118,376 I,049,937 68,439 Total Expenditures of Federal and State Awards 1,261,048 1,215.292 1,162,875 69,439 See accompanying notes to the supplementary information 20 424 CONTRACT NO. C36620 Family YMCA of the Desert Combining Statement of Financial Position June 30, 2017 State Non CDE Preschool Sponsored Program Programs Assets Cash and cash equivalents Investments Unconditional promises to give, net Accounts receivable Prepaid expenses Inventory Other assets Land, buildings and equipment, net Interfund Receivable (Payable) Total assets Liabilities and Net Assets Accounts payable Accrued expenses Agency funds - aquatic program Deferred revenues Total liabilities Net assets: Unrestricted: Undesignated Board designated Total unrestricted net assets Temporarily restricted Permanently restricted Total net assets Total liabilities and net assets 71,853 65,314 58,770 11,270) 184,667 3,400,201 452,925 24,164 241,579 33,677 4,546 50,085 258,616 11,270 4,477,063_ Total 3,472,054 452,925 24,164 306,893 33,677 4,546 50,085 317,386 4,661,730 12,599 62,515 75,114 43,106 239,412 282,518 249,050 249,050 9,941 118,152 128,093 65,646 669,129 734,775 119,021 2,614,420 2,133,441 313,156 313,156 119,021 2,927,576 3,046,597 880,358 890,358 119,021 3,807,934 3,926,955 184,667 4,477,063 4,661,730 See accompanying notes to the supplementary information 21 t 425 CONTRACT NO. C36620 Family YMCA of the Desert Combining Statement of Activities Year ended June 30, 2017 State Non CDE Preschool Sponsored Pro ram Programs Totals Support and Revenue: Program Revenues: Program services 49,447 2,579,000 2,628,447 Memberships 45,223 45,223 CDE childcare 1,068,115 42,090 1,110,205 CDE food contracts 96,916 68,706 165,622 QRIS childcare 27,528 27,528 ASES childcare 2,014,738 2,014,738 Total program revenues 1,242,006 4,749,757 5,991,763 Other Support: Contributions 1,743,471 1,743,471 Investment income, net 16 9,260. 9,276 Gain on sale of assets 246 246 Special events, net of direct expenses 164,564 164.564 Total Other Support 16 1,917,541 1,917,557 Total support and revenues 1,242,022 6,667,298 7,909,320 Expenses: Program Services: Child Care 1,I46,853 3,456,474 4,603,327 Aquatics 974,237 974,237 Other Programs 1,671.590 1,671,590 Total program services expenses 1,146,853 6,102,301 7,249,154 Supporting services Management and general 180,422 180,422 Fundraising 227,164 227,164 Total supporting services expenses 407,586 407,586 Total expenses 1,1463853 6,509,887 7,656,740 Increase (decrease) in net assets 95,169 157,411 252,580 Net assets at beginning of year 23,852 3,650,523 3,674,375 Net assets at end of year 119,021 3,807,934 3,926,955 See accompanying notes to the supplementary information 22 426 CONTRACT NO. C36620 Family YMCA of the Desert Schedule of Expenditures by State Categories Year Ended June 30, 2017 State Preschool Program 1000 Certified salaries 355,075 2000 Classified salaries 293,002 3000 Employee benefits 159,519 4000 Books and supplies 99,926 4400 Non -capitalized equipment 5000 Services and other operating expenses 152,188 6400 Other approved capital outlay 6500 New equipment 2,194 Depreciation of use allowance Start-up expenses Indirect Costs 84,949 Total expenses claimed for reimbursement 1,146,853 We have examined the claims filed for reimbursement and the original records supporting the transactions recorded under the contracts listed above to an extent considered necessary to assure ourselves that amounts claimed by the contractor were eligible for reimbursement, reasonable, necessary, and adequately supported, according to governing Iaws, regulations and contract provisions. See accompanying notes to the supplementary information 23 427 CONTRACT NO. C36620 Family YMCA of the Desert Reconciliation of CDE and GAAP Expenses Reporting Year Ended June 30, 2017 State Preschool Program Reimburseable expenses per audited fiscal reports $ 1,146,853 Program expenses per GAAP financial reports 1,146,853 Difference Different between CDE and GAAP reporting $ See accompanying notes to the supplementary information 24 428 CONTRACT NO. C36620 Family YMCA of the Desert Schedule of Reimbursable Equipment Expenditures Year Ended June 30, 2017 State Preschool State Program Grants Unit cost under $7,500 per item $ Unit cost over $7,500 per item with prior written approval Unit cost over $7,500 per item without prior written approval Total See accompanying notes to the supplementary information 25 Total 429 CONTRACT NO. C36620 Family YMCA of the Desert Schedule of Reimbursable Renovation and Repair Expenditures Year Ended June 30, 2017 State Preschool State Promatn Grant Total Unit cost under $10,000 per item $ - - Unit cost over $10,000 per item with prior written approval - - - Unit cost over $10,000 per item without prior written approval - - - Total -- See accompanying notes to the supplementary information 26 430 CONTRACT NO. C36620 Family YMCA of the Desert Schedule of Reimbursable Administrative Costs Year Ended June 30, 2017 State Preschool State Program Grant Total Director salaries S 26,180 - 26,180 Clerical salaries 22,133 - 22,133 Employee benefits 2,445 - 2,445 Payroll taxes 3,566 - 3,566 Insurance 2,688 - 2,688 Audit fees 14,485 - 14,485 Indirect costs: Direct services 84,949 - 84,949 Total 156,446 - 156,446 See accompanying notes to the supplementary information 27 431 CONTRACT NO. C36620 AUDITED ATTENDANCE AND FISCAL REPORT for California State Preschool Programs Agency Name: FAMILY YMCA OF THE DESERT Vendor No. T774 Fiscal Year Ended: June 30, 2017 Contract No. CSPP-6352 Independent Auditor's Name: DAVIS FARR LLP COLUMN A COLUMN 8 COLUMN C COLUMN D COLUMN E SECTION I -CERTIFIED CHILDREN CUMULATIVEADJUSTEDDAYSAUDITCtrMARPEEFISCAUDITADJUSTMENT DAYS OF ENROLLMENT FISCALYEARPER ADJUSTMENTS YEAR PER AUDR FACTOR OF ENROLLMENT PER Al1DrrFORMCOFSa5o1 Three and Four Year Olds Full-dme-plus 1.1800 Full-time 12,922 12,922 1.0000 12,922.000 Three-quademOme 0.7500 On"alffkne 16,146 16,146 0.6196 10,004.062 Exceptional Needs Fuil-timetplus 1.4160 Fuq time 1.2000 Three -quarters -time 0.9000 On"afldime 0.6196 Limited and Non -English ProAcient Full-tim"lus 1.2980 FuHma 4,293 4,293 1.1000 4.722.300 Three -quarters -time 0.8250 One-haifdime 0.6196 At Risk of Abuse or Neglect Full-Ume-plus 1.2980 Full-time 1.100D Three•quadem-tine 0.8250 On"atf-time 0.6196 Severely Disabled FAtIme-plus 1.7700 FulFtlme 1.6000 Three-quadets-Ume 1.1250 One-haN=time 0.6196 TOTAL DAYS OF 33,361 33,361 E"r ,A, = 27.648.352 MOLLMENTDAYSOFOPERA p" N. DAYS OF ATTENDANCE ENE 0 NO NONCERTmm CHILDREN - Check box, omit page 2 & continue to Section III If no nonoltlRed children were enrolled :n the program. Comments - If necessary, attach additional sheets to exptain adlustments: AUD 8501, Page 1 of 4 (FY 201847) 2a Ceiiromia Department of Educatbo 432 AUDITED ATTENDANCE AND FISCAL REPORT for Callfomia Stale Preschool Programs Agency Name: FAMILY YMCA OF THE DESERT Fiscal Year End: June 30.2017 SECTION III - REVENUE RESTRICTED INCOME Child Nutrition Proarams County Maintenance of Effort (EC.4 8279) Uncashed Checks to Providers Other {SpedfJVv): Other (Specity): Subtotal Transfer from Reserve - General I Transfer from Reserve - Prof esslonall Development I Subtotal Family Fees for Certified Children Interest Earned on Apportionments UNRESTRICTED INCOME FamiltFees for Noncerdfied Children Head Start Program (EC $ 8235(b)) Other (SoedfX): Other (Specify), I TOTAL REVENUE SECTION IV - REIM2aaries RS}LE E PENSES Direct Paryy,,m,ents toto is ( CH Only) 1000 Cerliflcated 2000 Classified Salaries 3000 Ern loyee Benefits 4000 Books and SuRRQp)les 500D B Other 0 ratl. Ex eases fi efAp roved lfal LMF 1 66 (Raw qutph+en (pj J related) i 6500 Re ace I. I F,pp pmlendProoram•related) I Det ecla IN1 or Use Allowance I Strut -Up Expenses (service level exemption) I Buat Impasse Credit IndirectCosts Rate: 8.02% In.uusiocaumnm TOTAL EXPENSES CLAIMED FOR REIMBURSEMENTTOTALADMINISTRATIVECOSTSIIRmwintaxunwabmi FOR CDE-A&I USE ONLY: I CONTRACT NO. C36620 Contract No. CSPP-5352 COLUMN A COLUMN B CUMULATIVE AUDIT FWALYEARPER ADJUSTMENT FDRYcDF t"I INCREASE OR 98.916 96.916 0 I 49.447 16 I I I 146,379 1 355 0`75 29 pD2 1 4.519 99.926 152,1158 2,194 1 I I I I 84.949 1 1,146,853 156,446 Vendor No. 7774 COLUMN C CUMULATIVE RStAL YFAR PER AUDer independent Audlices Assurancas on Agency s compUence with Contract Funding Terma and Conditions and Program Requirements at the California Department of Education, Ento Education and support D Wsfon: EirDlbtEy, enrofYnem, andanendance records are being maintained as regrded (check YES or NO): COMMENTS - R naeesaary, attach additional sheets to axplaln editatmems: 0 YES 3 NO - Explaln any discrepancies. Flaimbumable expamms ctrfined above are e141bfo far reimbursement, reasonable, necessary, and adequarery supported (aheck YES or NO): 0 YES NO - Explain any diweparicim 96.916 0 0 0 0 96,916 0 0 0 49.447 16 0 0 0 0 146.379 SD 3555J 075 293,002 159.519 99.926 152,1B8 0 2,194 0 0 0 0 84,949 1.146.853 156.446 NO SIPPLEMENTAL REVENUES OR EXPENSES - Check box and omit page 4 If Mere are no supplementer revenues or expenses to report AUD 8501. Page 3 W 4 (FY 2016.17) California Department of Education 20 433 CONTRACT NO. C36620 AUDITED ATTENDANCE AND FISCAL REPORT for California State Preschool Programs Agency Name: FAMILY YMCA OF THE DESERT Vendor No. T774 Fiscal Year End: June 30. 2017 Contract No. CSPP-8352 COLUMN A COLUMN B COLUMN C CUMULATWEFISCAL AUDITADJUSTMENT CUMULATIVE FISCAL YEAR SECTION V - SUPPLEMENTAL REVENUE YEAR PER FORM COFS 5601 INCREASE OR DECREASE) PER AUDIT Enha ement Funding 27,528 27,528 Other Specify): 0 Other Specify): 0 Other Specify j: 0 TOTAL SUPPLEMENTAL REVENUE 27,528 0 27,528 SECTION VI - SUPPLEMENTAL EXPENSES EXPENSES RELATED TO SUPPLEMENTAL REVENUE 1000 Certificated Salaries 2000 Classified Salaries 3000 Employee Benefits 4000 Books and Su j es 5000 Services and Other Operating Expenses 27,528 6000 EgulpmentlOther Capital Outlay De (atlon or Use Allowance I irect Costs NONREIMBURSABLE EXPENSES 6100-6500 Nonreimbursable Capital Outlay Other e.g., tertainment Expenses Other {5 Other (Specify): TOTAL SUPPLEMENTAL EXPENSES $27.528 COMMENTS - If necessary, attach additional sheets to explaln adjustments. AUD 8501, Page 4 of 4 (FYY 2016-17) 30 0 0 0 0 0 27.528 0 0 0 0 0 0 0 27,528 Califomia Department of Education 434 CONTRACT NO. C36620 AUDITED RESERVE ACCOUNT ACTIVITY REPORT Agency Name: FAMILY YMCA OF THE DESERT. Fiscal Year End: June 30, 2017 Vendor No. T774 Independent Auditors Name: DAVIS FARR LL.P RESERVE ACCOUNT TYPE (Check One}: COLUMN A COLUMN B COLUMN C Center Based AUDIT Resource and Referral PER AGENCY ADJUSTMENT PER AUDIT INCREASE OR Alte allm Payment DECREASE) LAST YEAR: 1.BeginningBalance(m e,atq>d galarwafro LagYeatsAUD 95300t i Plus Transfers from Reserve 15. 036 15,036 ontrac o ccount based on IM year's po*audit CDFS 9530. Sadon M: Contrad No. CSPP-6352 68.439 68,439 Contract No. 0 Contract No. ) 0 Contract No, 1 0 I Contract No. I 0 I Contract No. 1 0 Total Transferred from Contracts to Reserve Account 68,439 0 68,439 3. Less Excess Reserve to be Billed enter as a pcukive emwad any excess amount calculated by CDFS on Iesl years past -audit 1 CDFS9530) 0 4.' Ending Balance on Last Year's Post -Audit CDFS 900 83.475 0 83.475 TPIS YEAR: S. Pius Interest Earned This Year on Reserve Funds column A mud agree with this year's CDFS 9530,k Section iQ 4 4 6. Less Transfers to Contracts from Reserve Account column A amounts must agree with this years CDFS 9530-A, Section 111; and column C amourb must be reported on M years AUD tams for respective contracts): CSPP - General Contract No. 0 Contract No. 0 CSPP - Professional Development Contract No. 0 Contract No. 0 Subtotal 0 O 0 Other Contracts Contract No. 0 Contract No. 0 Contract No. 0 Contract No. I 0 Contract No. I 0 Subtotal 0 0 0 Total Transferred to Contracts from Reserve Account 0 0 0 Ending Balance on June 30, 2017 column A must agraa whh lids years CDFS 115304 Soctlan M 83.479 0 83,479 COMMENTS - If necessary, attach additional shoats to explain adjustments: AUD 9530-& Page I of 1 (FY 2016.17) 31 California Department of Educallon 435 I CONTRACT NO. C36620 ; FAMILY YMCA OF THE DESERT Notes to Supplementary Information 2 Year ended June 30,'2017 11 Summary of Sienificant Accounting Policies a) Basis of Accountine The accompanying combining statements of financial position, activities and changes in net assets have been prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. Other supplementary schedules have been prepared in accordance with the Funding Terms and Conditions and Program Requirements of the California Department of Education (CDE). b) Allowable Indirect Costs Indirect costs are only applicable to the 1000-5000 series of general ledger expenditure accounts in the California School Accounting Manual. In accordance with CDE Funding Terms and Conditions, indirect costs cannot be charged on capital outlay expenditures in the 6000 series accounts. c) Use of Estimates The preparation of supplementary information in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. 2) Federal Awards The Agency's federal awards for the fiscal year ended June 30, 2017 were Iess than $750,000. 3) Eauipment and Property Purchased with CDE Funds A capitalization threshold of $1,500 is used for property and equipment acquired under CDE contracts. The CDE has a reversionary interest in property and equipment purchased with state funds. 4) Reconciliation of CDE and GAAP Expense Reportine As discussed in Note 1 above, the CDE supplementary information is presented in accordance with CDE reporting requirements. CDE program funds expended for assets that would normally be capitalized and depreciated under GAAP are reported as program expenditures in the CDE schedules. To address such reporting differences, the supplementary information includes a Reconciliation of CDE and GAAP Expense Reporting. 32 436 jDavisFarrCERTIFIEDPUBLICACCOUNTANTS Board Members Family YMCA of the Desert Palm Desert, California CONTRACT NO. C36620 Davis Farr LLP 2301 Dupont Drive 1 Suite 200 i Irvine. CA 92612 Main: 949.474.2020 ( rax:949.2G3.5520 IndependentAuditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Family YMCA of the Desert (the "Organization"), which comprise the statement of financial position as of June 30, 2017, and the related statements of activities and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated September 11, 2017. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Organization's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists ' when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Organization's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed one instance of noncompliance or other matters that are required to be reported under Government Auditing Standards. 33 437 CONTRACT NO. C36620 i f Board of Trustees Family YMCA of the Desert Page 2 Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Goveniment t4uditing Standards inconsidering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. September 11, 2017 Irvine, California 34 438 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Schedule of Findings and Questioned Costs Year ended June 30, 2017 A) Summary of Auditor's Results 1. An unmodified report was issued by the auditors on the basic financial statements of the auditee. i 2. No material weaknesses or significant deficiencies in internal control over financial reporting based on our audit of the financial statements of the auditee was reported. 3. We noted no material weaknesses or significant deficiencies with CDE Child Development Programs. 4. We noted no material instances of noncompliance with CDE Child Development Programs. a3 B) Findings Related to the Financial Statements which are Required to be Revorted in Accordance with GAGAS There are no auditors' findings required to be reported in accordance with GAGAS. 439 CONTRACT NO. C36620 FAMILY YMCA OF THE DESERT Summary Schedule of Prior Audit Findings Year ended June 30, 2017 There were no prior audit findings for the year ended June 30, 2016. 36 440 441 442 443 444 T 6 IO FRED DVARING DRIVE735 PALM DESERT CALIFORNIA 922G0-25]8 TEL: 760 34G—oGz i info8cityofpalmdesert.org June 4, 2020 Ms. Paula Simmonds C.E.O. Family YMCA of the Desert 43-930 San Pablo Ave Palm Desert, California 92260 Dear Ms. Simmonds: Subject: Contract No. C36620 - Extension of Contract for Professional Services with Familv YMCA of the Desert At its regular meeting of May 14, 2020, the Palm Desert City Council, by Minute Motion: 1) Approved Extension of Contract No. C36620 for Professional Services to the Family YMCA of Palm Desert; Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center in the amount of $165,000, effective Jufy 1, 2020;to June 30, 2021, plus reimbursement of operational costs included in agreement; 2) authorized the Mayor to execute said contract extension. r Enclosed is a fulfy executed Exfension to the Agreement for your records. lf you have any questions or require additional information, please do not hesitate to contact us. Sincerely, e G CE L. ROCHA, CMC ACTING CITY CLERK GLR:srs Enclosure (as noted) cc/enc: Jennifer Nelson, Management Analyst Finance Departmeht PFINfFDONA!(YttID7I7l11 N 445 CONTRACT N0. C 6622` EXTENSION TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and the Family YMCA of the Desert., a California non-profit corporation ("Consultant"), entered into an agreement, dated July 1, 2018, to provide management and operation at the Palm Desert Aquatic Center Agreement"), the parties wish to extend the Agreement effective July 1, 2020. NOW, THEREFORE, the parties agree as follows: A. Term is extended to add the following paragraph to the end of the existing section, as amended. The term of this Agreement is extended, and shall include the time period from July 1, 2020 through June 30, 2021." B. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 14th day of May 2020. CITY OF PALM DESERT Family YMCA of the Desert A Municipal Corporation Gina Nestande, Mayor l Paula Simonds, . .O. City of Palm Desert, California Attest: ,- Approved as to Content: i/, C'"J-`' Gra e_L:RocFia,`Acti,ng City Clerk Ryan Stendell City of-Palm esert,California Director of Community Development App ved as ' Fo Ro a City Attorney 446 Contract No. C36622 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ,1V P,Y'SIC.2. On 202A, before me, C,GLSI'YLIYLQ. Notary Public, personally appeared t 0 1Cn. K. Y nAr1Cl5 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. JASMINE BELTRAN 4 s` """ , NataryPublic•c i ro ia = WITNESS my hand and official seal. RiveMae courny Commission I 2317888 My Comm.Explres J n 6,2024 r' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenf. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Ty.pe of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above BB&K zo s 72500.00001\32374887.1 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 Contract No. C36625 AMENDMENT NO. 5 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT 1. Parties and Date. This Amendment No. 5 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 27th day of April 2023, by and between the City of Palm Desert (“City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”. 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Contract No. C36620 - Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“Contract”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend term. The Parties have heretofore entered into that Amendment No. 4 dated April 13, 2022. 2.3 Amendment Authority. This Amendment No. 5 is authorized by City Council approval. 3. Terms. 3.1 SECTION 1. Section 1.1 of the Agreement is hereby amended in its entirety to read as follows: The term of this Agreement commenced on July 1, 2018 (“Commencement Date”) and continued with extensions through June 30, 2023. The term of this Agreement is extended, and shall include the time period from July 1, 2023, through December 31, 2023." 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5. 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. 5. 3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. DocuSign Envelope ID: 43268B9A-611A-4EB6-B9E2-6B3CBEA98428 465 Contract No. C36625 Page 2 of 3 3.5 Counterparts. This Amendment No. 5 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: 43268B9A-611A-4EB6-B9E2-6B3CBEA98428 466 Contract No. C36625 Page 3 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 5 TO CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written. CITY OF PALM DESERT Approved By: Kathleen Kelly, Mayor Attested By: Anthony J. Mejia City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney FAMILY YMCA OF THE DESERT Signature Paula Simonds CEO QC: MN Insurance: Initial Review Final Approval DocuSign Envelope ID: 43268B9A-611A-4EB6-B9E2-6B3CBEA98428 467 468 Contract No. C36626 Page 1 of 3 AMENDMENT NO. 6 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT 1. Parties and Date. This Amendment No. 6 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 14th day of December 2023, by and between the City of Palm Desert (“City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”. 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Contract No. C36620 - Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“Contract”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and update the scope of work. The Parties have heretofore entered into that Amendment No. 5 dated April 27, 2023. 2.3 Amendment Authority. This Amendment No. 6 is authorized by City Council approval. 3. Terms. 3.1 SECTION 1. Section 1.1 of the Agreement is hereby amended in its entirety to read as follows: The term of this Agreement commenced on July 1, 2018 (“Commencement Date”) and continued with extensions through June 30, 2023. Amendment No. 5 extended the term of this Agreement from July 1, 2023, through December 31, 2023. The term of this Agreement is further extended, and shall include the time period from January 1, 2024, through June 30, 2025." 3.2 SECTION (1) TERM (1.1) of the Agreement is hereby amended in its entirety to read as follows: Exhibit A is hereby deleted in its entirety and replaced with the attached Exhibit A attached hereto and incorporated herein by reference.” 3.3 SECTION (15) of the Agreement is hereby amended in its entirety to read as follows: The City agrees to pay the Consultant a fixed Management Fee for the period of this Agreement to the expiration of the term, CONSULTANT shall receive a “Fixed Management Fee” of $16,701.72 per month, for the first six-month period and 17,536.81 per month, for the remaining twelve months. The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice.” DocuSign Envelope ID: 802557B7-B66B-45DB-AF5A-6D9E368B58BB 469 Contract No. C36626 Page 2 of 3 3.4 SECTION (16) of the Agreement is hereby removed from the Agreement and has been addressed in Exhibit A. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 6. From and after the date of this Amendment No. 6, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 6. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6. 3.5 Severability. If any portion of this Amendment No. 6 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 6 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: 802557B7-B66B-45DB-AF5A-6D9E368B58BB 470 Contract No. C36626 Page 3 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 6 TO CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 6 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written. CITY OF PALM DESERT Approved By: Karina Quintanilla, Mayor Attested By: Anthony J. Mejia City Clerk Approved As To Form: By: Isra Shah Best Best & Krieger LLP City Attorney FAMILY YMCA OF THE DESERT Paula Simonds CEO QC: MN Insurance: Initial Review Final Approval DocuSign Envelope ID: 802557B7-B66B-45DB-AF5A-6D9E368B58BB 471 472 Contract No. C36627 AMENDMENT NO. 7 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT 1. Parties and Date. This Amendment No. 7 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 11th day of April 2024, by and between the City of Palm Desert (“City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”. 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Contract No. C36620 - Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“Contract”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center. 2.2 Amendment. The City and Consultant desire to amend the Agreement to update the scope of work. 2.3 Amendment Authority. This Amendment No. 7 is authorized by Section 26 of the Agreement. 3. Terms. 3.1 SECTION (1) TERM (1.1) of the Agreement is hereby amended in its entirety to read as follows: Exhibit A is hereby deleted in its entirety and replaced with the attached Exhibit A attached hereto and incorporated herein by reference.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 7, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 7. From and after the date of this Amendment No. 7, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 7. 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. 7. 3.4 Severability. If any portion of this Amendment No. 7 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. 7 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. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 473 Contract No. C36627 Page 2 of 2 SIGNATURE PAGE FOR AMENDMENT NO. 7 TO CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 7 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written. CITY OF PALM DESERT Approved By: L. Todd Hileman City Manager Attested By: Anthony J. Mejia City Clerk Approved As To Form: By: Isra Shah Best Best & Krieger LLP City Attorney FAMILY YMCA OF THE DESERT Paula Simonds CEO QC: MN Insurance: Initial Review Final Approval DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 474 Contract No. C36627 Exhibit A SCOPE OF SERVICES General Scope: The Consultant will provide management and operations services for City of Palm Desert in accordance with the Contract Documents at the Palm Desert Aquatic Center (PDAC), located at 73751 Magnesia Falls Drive, Palm Desert, CA 92260. The City requests the Consultant to demonstrate their ability to provide and perform services for the Aquatic Center including, but not limited to, management, operations, programming, concessions, and janitorial services relating to the Aquatic Center as described in this Scope of Services. The Aquatic Center consists of the following amenities: 50- Meter Pool with Diving Area Recreation / Therapy Pool (with slides) Children’s Pool with Water Play Structure Concessions Area (675 Sq. Ft.) Men’s and Women’s Locker Rooms Family Restrooms and Changing Areas Lifeguard Room / First Aid Room Administration Offices Multi-Purpose Room (842 Sq. Ft.) Storage Room Mechanical Room Chemical Storage Areas The City contracts the major pool mechanical maintenance of the Aquatic Center to a third-party contractor and will work closely with the Consultant to ensure prompt service to the facility. All utilities will be directly billed and paid for by the City. All services provided by the Consultant must be performed to the industry standards and compliant with all applicable local, county, state, and federal laws. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 475 Contract No. C36627 1. Roles and Responsibilities City of Palm Desert Family YMCA of the Desert Day-to-Day Operation • Janitorial Admissions and program operation POS system Program Development Facility Weekly walk-through inspections Execute maintenance projects Execute capital improvement projects Daily upkeep of pools, slides, and other equipment Minor pool equipment repairs and painting Submit immediate reports on maintenance or CIP needs Make recommendations on maintenance or CIP needs based on aquatic industry standards Human Resources Management committee Annual Wage Scale Review Aquatic Manager, Operations Manager, Lead Lifeguards and Lifeguards Recruitment Competitive wages and benefits General staff training for facility operation Lifeguard certification First aid/CPR/AED Marketing and Programs City-operated marketing program New programs and expanded hours to be proposed by management committee Participate in monthly marketing meetings Staff and operate programs in coordination with City staff Collaborate with City on Concessions Accountability • Analysis of KPIs Monthly meetings with management committee Develop and organize financial projection and analysis team Review monthly/quarterly trends regarding budget, visitors, KPI data Collect data on prescribed KPIs Monthly meetings with management committee Assist with report development and presentation DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 476 Contract No. C36627 Participation in financial projection and analysis team Concessions • Develop updated schedule and menu Determine need for additional equipment Operate concessions per City guidance Conduct inventory of concessions supplies 2. Services to be Performed. The Consultant will provide services, plans and procedures as described below for the day-to-day management and operations of the facility: Perform maintenance, cleaning, and minor repairs of all pools, equipment, and facilities. Perform daily safety and compliance checks of all pools, decks, pool amenities, and facilities. Notify City staff of all urgent issues immediately and routine concerns within one business day. Complete daily inspection report form for water slides and applicable attractions when in use, and maintain on file. Ensure the pool and support facilities meet cleanliness and hygiene standards. Ensure all pools meet applicable Riverside County Health Department standard compliance (chemicals, flow, filtration, etc.). Manually check and record water chemistry in each pool every 2 hours (minimum) and adjust chemicals as needed. Maintain industry standards for water clarity and cleanliness on all pools. Inspect and maintain records of all pools and equipment. Monitor inventory levels of chemicals and other pool maintenance supplies for the purpose of ensuring the availability of supplies as needed. Monitor and inventory concessions supplies. Prepare and process purchase orders for the purpose of securing needed supplies according to City of Palm Desert purchasing policies and requirements. Provide regular KPI data and reports as required for assigned equipment and programs. Maintain equipment and chemical rooms to be free of non-essential equipment, used parts, clutter and chemical spills. Follow all required safety precautions when using hazardous materials, assigned tools, and machinery. Set up and/or move equipment (e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for patrons and programs. Maintain cleanliness of all facilities within the aquatic center: pools, drains, deck, locker rooms, etc. Perform facility painting and retouching as necessary to maintain a high-quality facility facade. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 477 Contract No. C36627 Promote, and exemplify City of Palm Desert Mission, Vision and Core Values. Exercise excellent customer service. Follow up on complaints, questions, and concerns; respond to internal and external customer needs in a friendly, timely and efficient manner. Administer regular customer feedback and satisfaction surveys. Comply with local jurisdictional requirements and industry standards as applicable including but not limited to: California Pool Code, Model Aquatic Health Code, OSHA Hazardous Communications Standard and OSHA Bloodborne Pathogens Standard. 3. Business Plan Consultant shall provide a Business Plan to include the following: Hours of operation (subject to change if approved in writing by the City) o May through September Monday – Friday 5:30 am – 7:00 pm Saturdays 7:00 am - 7:00 pm Sundays 8:00 am – 7:00 pm o October through April Monday – Friday 5:30 am – 7:00 pm Saturdays 7:00 am - 5:00 pm Sundays 8:00 am – 5:00 pm Personnel requirements Guidelines for policy development for programs and facility 4. Preventative Maintenance Plan The Consultant shall adhere to the established comprehensive Preventative Maintenance Plan provided by the City that includes, but is not limited to the following: A. Facility Inspection Program 1. Details of facility inspections 2. Frequency of facility inspections B. Routine Maintenance to be performed. C. Expected Capital Improvement Items The City will provide the following to be included in the Preventative Maintenance Plan: A. Available PDAC As Built Plans B. Mechanical Equipment Inventory 1. Name and Model # 2. Manufacturer and contact info. 3. Local Vendor (as applicable) 4. Replacement and service details DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 478 Contract No. C36627 C. Equipment Manuals 1. In the event an equipment manual is not available, the City shall attempt to provide a satisfactory replacement from the equipment manufacturer. 2. If no manual is available, the Consultant shall provide a written document outlining the standard operating procedures for maintaining and operating the applicable piece of equipment. 5. Safety Plan The Consultant shall provide and maintain a facility Safety Plan that includes, but is not limited to the following: A. Facility Staffing Plan 1. Code Compliance Staffing Plan 2. Zones of Patron Surveillance 3. Rotation Procedures 4. Alternation of Tasks 5. Supervision Protocols B. Emergency Action Plans 1. Emergency procedures for anticipated emergencies at the aquatic center 2. Methods of communication 3. Required emergency equipment. 4. Emergency closure requirements C. Biohazard Action Plan 1. Fecal vomit and blood contamination of the pool and facility surfaces D. Pre-Service Training Plan 1. Facility policies and procedures to be included in training. 2. Demonstration of required Safety Team skills specific to PDAC 3. Documentation of training E. In-Service Training Plan 1. In-service training frequency. A minimum of 4 hours of in-service training monthly is required of all staff that regularly, or MAY perform lifeguard duties. a. Makeup in-services may be held for approved absences and must comply with the original in-service plan missed. b. Lifeguards who do not meet the monthly in-service training requirement must undergo Pre-Service Training prior to returning to Lifeguard duties. 2. In-service documentation 3. Certification maintenance 4. Demonstration of Lifeguard Skill Proficiencies 5. Competency Demonstration Plan a. Ability to reach the furthest edge of Zones of Surveillance within 20 seconds. b. Ability to perform required emergency response skills. c. Ability to perform Resuscitation and First Aid skills. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 479 Contract No. C36627 6. Recruitment and Hiring Plan A. Recruitment and Hiring 1. Consultant will submit a written process for recruitment and hiring. B. Organizational Chart and Staffing Levels Consultant will provide and maintain an organizational chart depicting the management approach and general staff responsibilities. Staffing levels will be maintained at a minimum required based on the submitted and approved staffing plan (Safety Plan – Section 1) and Zone Evaluation documentation. Staffing and salary ranges are to be provided annually to the City of Palm Desert Director of Public Works for approval. Alternative organization and staffing plans that meet safety and operating requirements may be submitted by the Consultant. All alternate staffing plans must be approved by the City of Palm Desert before they are instituted. C. All personnel will be easily identifiable by approved uniforms at all times while on duty. D. Janitorial services for the facility will be completed by the Consultant and is typically performed by Lifeguards and other staff on duty. 1. Regular locker room checks are expected to be performed throughout the day. 2. Locker room check sheets may be utilized at the discretion of the Consultant. E. Position Descriptions 1. Descriptions for key positions listed above will be developed and maintained by the Consultant. 7. Staff Training A. PDAC staff will maintain the following minimum training credentials: 1. Aquatic Director / Manager a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal. 2. Aquatic Director / Manager, Aquatics Coordinator, Facility Operations Manager, or other staff a. Lifeguard Instructor Certification (LGI) 3. Facility Operations Manager a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal. 4. Aquatics Front Desk & Concessions Manager a. Food Manager Certification (must be from a school recognized by the Riverside County Department of Environmental Health: https://rivcoeh.org/sites/g/files/aldnop361/files/migrated/Portals-0-PDF- Foods-31-09-DES-Food-Manager-Certification.pdf 5. Lifeguards DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 480 Contract No. C36627 a. Lifeguarding with Bloodborne Pathogens Training, Administering Emergency Oxygen, Asthma Inhaler Training, Epinephrine Auto Injector, First Aid for Public Safety Personnel (Title 22) (American Red Cross or approved equal) 8. Operations Procedures The Consultant will develop and maintain standard procedures that must be performed for the proper maintenance and operations of the facility. These include but are not limited to: Pool Chemical Parameters Chemical Room Emergency Procedures Hazard Identification and Communication Safety and First Aid Equipment Facility and Pool Cleanliness Health Regulations Discipline Child Abuse Prevention Lost and Found Media Communication Pool Water Contamination and Response Biohazard Disposal Report Writing 1.The designated shift supervisor oversees the facility and staff. 2. The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age. 3. Facility may not open to the general public without a minimum of 3 lifeguard certified staff members present. 4. At the start of their shift, all certified staff members must be ready to perform assigned duties. 5. All schedules are posted in their respected offices and emailed to the staff in a timely manner. 6.Deck Lifeguards: 1. During high use times lifeguards will rotate regularly. 2. Lifeguards leaving the deck must perform regular locker room checks. 3. Elevated lifeguard stations shall be utilized as the standard for most lifeguard zones. a. Ground level stations may be utilized where appropriate. b. Roving stations may not be utilized as a primary surveillance position. Roving stations may be utilized as secondary lifeguards to a zone when necessary. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 481 Contract No. C36627 4. Rescue hip packs must be worn by all trained lifeguards at all times. Packs will be adequately supplied with a resuscitation mask appropriate for adults and a mask appropriate for children, or a universal mask and non-latex exam gloves. 7. Backup Duty Lifeguard: 1. When not needed on deck or to assist customers, Backup Duty Lifeguards shall: a. check locker rooms for behavior issues or horseplay, b. assist in rendering first aid to injured persons, c. assist deck lifeguard as needed, d. or perform cleanup and maintenance activities. 8. If a full complement of staff is not needed, the supervisor on duty may release excess lifeguards from work. 9. No lifeguard will be scheduled to work more than 8 hours in one day. 10. Lifeguards will be trained to complete injury report forms for all injuries to be submitted to the Aquatic Manager. 11. The Aquatic Manager shall notify the City of all required incidents. 12. The Lead Lifeguard is required to check and record pool chemistry every 2 hours. 13. Water chemistry shall be checked in the morning in enough time to adjust chemicals prior to opening to the public. 14. Water chemistry shall be checked at closing and necessary chemical adjustments made prior to staff leaving. 15. All staff will receive communications training, including verbal and non-verbal hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management will share information at regular meetings and Supervisors will convey information through in-service trainings or other methods as needed. 16. The concession stand adheres to all Riverside County health codes and regulations. All staff handling unpackaged food must maintain current Riverside County Food Handler cards and be overseen by a Food Safety Manager. A minimum of one Food Safety Manager shall be on staff during the concession operation. 17. Locker rooms are monitored periodically by lifeguards. No food or drink is allowed in the locker rooms. Towel snapping, running or rough play is not allowed. Children 5 years of age and older are required to use the locker room of their own sex. Family changing rooms are also available. 18. Any commercial advertisements, press releases, articles, or other media information using the City’s name and/or logos shall be subject to the prior approval of the City. 19. All advertisements at the Aquatic Center are subject to approval by the City. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 482 Contract No. C36627 9. Financials The Consultant shall develop and maintain financial procedures that align with the City’s financial policies and procedures, including but not limited to: Cash controls Budget development Payroll Collections Revenue reporting Purchasing Accounts payable The Consultant shall keep complete and accurate books of revenues collected and will make all records available to the City upon request. Books and records for the PDAC shall be maintained separately from other facilities operated by the Consultant. The Consultant shall maintain accounting books and records for a period of at least three years after the expiration or earlier termination of the Agreement, and the City shall have the right to inspect and audit such books and records during such period. Financial and daily records shall meet the following criteria: Record of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer’s receipt. Beginning and ending cash register readings shall be made a matter of daily record. Entry of each and every Aquatic Center user’s name on entry log.* A total count of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail reports. Ability to differentiate resident vs. non-resident visits. Maintenance of a daily logbook detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category. Ability to record and report the number and type of discounts provided. Monthly and annual statements of gross revenues, including a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City. Except non-resident drop-in for recreation and lap swim. Groups or families must provide only the primary/head of household or group lead’s contact information. 9.1 Cash Receipts DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 483 Contract No. C36627 The Consultant shall collect daily fees and record them in the point-of-sale system. The city shall provide deposit bags for daily cash receipts, which will be submitted to the city daily with a daily register report or similar report that ties back to the cash receipts. Reports for weekends and observed holidays shall be submitted on the following business day. Reports shall include receivables for insurance-sponsored Senior/dependent benefit programs (i.e. Peerfit, SilverSneakers, Medicare, etc.) and monthly lane rentals. The Consultant shall submit a monthly revenue report to the city for deposit verification and revenue reconciliation, which the city will reconcile during its normal bank reconciliation processes. The city may implement armored courier services or night deposit procedures depending on the volume and frequency of cash collected at the PDAC. 9.2 Banking The city shall maintain the PDAC cash balances in the main bank account of the city, utilizing the pooled cash method of fund accounting. Upon contract execution, the Consultant shall begin the process of sending accumulated funds back to the city. This process shall include the reconciliation of all deposits in transit and outstanding checks. The City shall provide a loan of $200,000 to the Consultant, to be held in the Consultant’s own bank account, for the purpose of emergency payroll coverage. The Consultant may request the establishment of a petty cash fund from the City if needed. 9.3 Reimbursements The management fee and reimbursements for purchase of Consultant supplies of $2,000.00 or less will be made via check, ACH or wire transfer from the city to the Consultant in accordance with the contract terms. For payroll reimbursements, Consultant will provide the city with a report of payroll cash requirements and any requested backup upon completion of each payroll process. The City shall reimburse the Consultant via timely wire transfer on a schedule that aligns with the Consultant’s payroll cash sweep deadlines. 9.4 Procurement and Invoice Processing All procurement and invoice processing shall be in accordance with applicable city procurement policies,procedures, and within the approved budget. Expenditures of $500.00 or less may be made directly by the Consultant to maintain adequate supplies for facility operation. Expenditures over $500.00 up to $2,000.00 may be made directly by the Consultant upon city approval. Invoices over $2,000.00 shall be paid directly by the city via city workflow routing. The city shall provide the Consultant with the appropriate instructions on how to submit invoices and other procurement documents for processing. Upon execution, Consultant shall provide the city with any existing contracts for review by the city’s procurement department. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 484 Contract No. C36627 10. Policies The Consultant will develop and maintain policies and procedures, including but not limited to: Pool Use and Safety Rules Lifeguard Policy and Procedure Manual Equipment Rental Procedures Facility Rental, Group Use Requirements, and Fee Structure Swim Testing Signage Standards 11. Program Development The Consultant shall develop a program plan to be reviewed and approved by the City. The Program Plan shall include at a minimum. Swim lessons Lap swimming Arthritis and/or Multiple Sclerosis classes Red Cross certification courses Yoga, spin, or other group fitness classes Water games The Consultant shall strive to make classes responsive to and/or inclusive to persons with disabilities. A program registration process will be in place. The Program Plan shall include program attendance goals and shall be reviewed by the Consultant and the City of Palm Desert annually at a minimum. The PDAC Program Plan may be updated or amended to meet City of Palm Desert goals throughout the contract term. Any changes shall be agreed upon by the City of Palm Desert and the Consultant. 12. Key Performance Indicators The Consultant shall gather data on a daily basis to report on required Key Performance Indicators KPIs). For general business practices, the following items or KPIs should be tracked by the Palm Desert Aquatic Center management company. Additional items may be added in the future to influence business and operational decisions. Some items may be removed in the future if they are no longer meaningful for business updates. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 485 Contract No. C36627 Monthly reporting should be available to present to and discuss with the Palm Desert Aquatic Center Business Committee. The report information requested may change depending on updated strategies. Depending on the metric, they may be included in Monthly, Quarterly or Annual reports. Financial Programs Operations Attendance/Passes Sold Member Retention Pass Renewals Concessions Revenue Rental Revenue Swim Lesson Revenue Concessions Per Cap Program Attendance Sessions Held/Canceled Rentals Held Special Programs Checklist Compliance Closures Incidents Facility Audit Results Pool Chemical Readings Customer Satisfaction Staff Turnover DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 486 Contract No. C36627 13. Reporting Standards The Consultant shall regularly report on all required KPIs and topics according to required timelines. Monthly reports will be delivered to the City of Palm Desert staff liaison of the PDAC Business Committee. Quarterly reports will be presented at regular Parks and Recreation meetings. Annual reports will be presented to the City Council. Reporting requirements include but are not limited to the items below: Subject Justification Target Information Reporting Frequency Attendance/Passes Sold Tracking attendance and passes sold is crucial for PDAC to understand customer engagement and revenue generation. It is also necessary to understand the impact of the aquatic center services within the community and the impact of the use of City resources. Total attendance for the month including passes and memberships sold. Include comparisons to prior years in the same month. In addition, any special programs, or events with their attendance should be listed in addition to the total. Monthly Quarterly Annually Member Retention Member retention is essential for the stability and growth of a business. It directly affects the recurring revenue and the establishment of a loyal customer base. Understanding and analyzing retention rates assist in developing strategies to retain existing customers, ultimately reducing the cost of acquiring new ones. Membership retention is the percentage of members that continued their membership or renewed their membership during the reporting period. Monthly Quarterly Annually DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 487 Contract No. C36627 Subject Justification Target Information Reporting Frequency Concessions Revenue/Per Cap Concessions revenue may serve as a significant stream of income for PDAC. Monitoring this metric helps in understanding customer spending patterns, optimizing offerings, and increasing profitability by adjusting product mixes and pricing strategies. Calculating concessions per capita is essential as it reflects the average spending of customers per visit. This metric assists in evaluating the effectiveness of sales strategies and pricing, helping PDAC optimize revenue generation. Concessions revenue should be reported as a total revenue line item (Gross), and net revenue which is the gross revenue minus expenses. Additionally, specific concessions items may be reported to maximize offerings. Monthly during summer months and in the Annual Report. Rental Revenue Rental revenue is a critical source of income for many PDAC. Keeping track of rental revenue allows for effective management of available resources, enabling adjustments in pricing strategies and identifying opportunities to expand services. Rental revenue should be reported to show the number of rentals offered and the amount of revenue collected for that reporting period. This can also be analyzed vs. the previous year’s reporting period to show increases or decreases in revenue. Monthly Quarterly Annually DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 488 Contract No. C36627 Subject Justification Target Information Reporting Frequency Swim Lesson Revenue Monitoring swim lesson revenue is crucial for PDAC. It helps in gauging the popularity of the program, assesses profitability, and determines the effectiveness of marketing and teaching strategies. Each report should indicate the number of swim lessons taught, the revenue from the swim lessons and increases or decreases from previous reporting periods. Session Monthly Quarterly Annually Program Attendance Sessions Held/Canceled Tracking the number of sessions held versus canceled is crucial for maintaining operational efficiency. It helps in identifying trends, managing resources effectively, and improving scheduling to minimize disruptions. Monitoring program attendance helps in evaluating the success and popularity of various programs offered. This data guides PDAC in making informed decisions about program improvements, resource allocation, and future offerings. Each program should track attendance, spots filled vs vacant and whether the class or session met minimum sign ups or not. This may help PDAC in ensuring profitable programs continue and unprofitable programs can be abandoned or re-marketed to increase participation. Quarterly Annually DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 489 Contract No. C36627 Subject Justification Target Information Reporting Frequency Special Events / Programs Monitoring the success and attendance of special programs is important for PDAC to understand their impact on revenue and customer engagement. This data informs future planning and helps in tailoring offerings to meet customer demands. Each special event should track attendance and profitability to ensure the special event met profitability and attendance goals. This data can be utilized to understand whether to continue offering the event or not. Post-event Annually Checklist Compliance Ensuring checklist compliance is vital for maintaining operational standards, safety, and quality. Tracking compliance helps in mitigating risks, ensuring consistency, and maintaining a positive reputation. Checklist Compliance should be reported as a percentage of total compliance expected, vs what was completed. This will help to ensure risk management operations are being conducted. Monthly Quarterly Annually Closures Documenting closures is crucial for PDAC to understand their impact on revenue and customer experience. Analyzing closure data helps in identifying patterns, mitigating issues, and developing strategies to minimize disruptions. Closures data should include the reason for the closure and the amount of revenue that may have been lost due to the closure. Additionally, any extra expenses incurred due to the closure should be tracked. Monthly Quarterly Annually DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 490 Contract No. C36627 Subject Justification Target Information Reporting Frequency Incidents Tracking incidents is crucial for ensuring customer safety and satisfaction. It helps in identifying potential risks, improving safety protocols, and maintaining a secure environment for customers and staff. Incidents should be reported immediately to appropriate offices and then tracked to indicate location and reason for the incident. This data can then be used to mitigate future risks. Monthly Quarterly Annually Facility Audit Results Monitoring facility audit results is essential for ensuring operational standards and compliance. This data helps in identifying areas for improvement, maintaining quality standards, and meeting regulatory requirements. Internal and external audits should be report as they occur and given directly to the City of Palm Desert. Per audit Pool Chemical Readings Monitoring pool chemical readings is critical for maintaining a safe and hygienic environment. This data ensures compliance with health and safety standards, protecting the well-being of customers and staff. Abnormalities may be reported to the City of Palm Desert as they occur, however pool readings should be recorded and available to be reported on as needed. Per occurrence DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 491 Contract No. C36627 Subject Justification Target Information Reporting Frequency Customer Satisfaction Assessing customer satisfaction is fundamental for PDAC to understand the quality of services offered. This data helps in identifying areas for improvement, retaining customers, and attracting new ones through positive word- of-mouth. Customer satisfaction measurements should be taken after every program and program session and periodically throughout the year. Customer satisfaction can then be reported Quarterly or Annually as needed. Quarterly Annually Staff Hiring / Retention Tracking staff turnover is important for PDAC to assess employee satisfaction, identify retention issues, and implement strategies to improve workplace culture and reduce hiring and training costs. Tracking staff recruitment is crucial for PDAC to ensure appropriate staffing levels. Monitoring recruitment efforts helps in identifying trends, optimizing the hiring process, and ensuring a skilled and reliable workforce. The number of staff retained, and the number of staff hired vs the number needed for operations. This can help identify staffing needs and increases in marketing toward staffing goals. Quarterly Annually Subject Justification Target Information Reporting Frequency DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 492 Contract No. C36627 Completed Maintenance Monitoring completed maintenance tasks is crucial for ensuring the proper functioning of equipment and facilities. It helps in preventing disruptions, ensuring customer satisfaction, and maintaining a positive reputation. Regular maintenance summaries should be included in monthly reports and major maintenance projects reported in annual reports to show that preventive maintenance and regular maintenance is occurring. Monthly Annually In-Service Training Ensuring in-service training compliance is vital for staff development and maintaining operational standards. It assists in enhancing employee skills, ensuring consistency in service quality, and adhering to regulatory requirements. In-service training should be reported annually to show a complete in-service training program and that all staff members are receiving the required number of training hours annually. Annually Goal Updates Goals move the business at PDAC forward and the reporting of goals achieved or worked on show the progress management is making toward the future. Goals should be reported Quarterly and Annually to ensure continuous improvement in operations and business. Quarterly Annually The Consultant shall meet with City staff monthly to review operations, KPIs and other topics. Goals and strategy meetings shall be held on a quarterly basis. DocuSign Envelope ID: C03DEC98-CB50-43FA-A9D2-64C3D0F53209 493 494 Contract No. C36620 AMENDMENT NO. 8 TO CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT 1. Parties and Date. This Amendment No. 8 to Contract No. C36620 – Professional Services for Management and Staffing of the Palm Desert Aquatic Center is made and entered into as of this 1st day of July 2025, by and between the City of Palm Desert (“City”) and Family YMCA of the Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Contract No. C36620 – Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“Agreement”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center. 2.2 Amendment. The City and Consultant desire to amend the Agreement to update several terms. 2.3 Amendment Authority. This Amendment No. 8 is authorized by Section 26 of the Agreement. 3. Amendments. 3.1 Exhibit “A.” A new Exhibit “A” entitled Scope of Services, which details Consultant’s responsibilities in the management and operation of the Aquatic Center, is hereby incorporated into this Agreement. The new Exhibit “A” is attached hereto and made a part of the existing Agreement by this reference. The new Exhibit “A” replaces, in its entirety, the existing Exhibit “A,” which was attached to Amendment No. 7. 3.2 Term. Section 1.1. of the Agreement is amended to read as follows: “(1.1) The term of this Agreement commenced on July 1, 2018 (“Commencement Date”) and continues with extensions through June 30, 2025. This Amendment No. 8 further extends the term of this Agreement from July 1, 2025 through June 30, 2030 (“Termination Date”).” 3.3 Term Extensions. Section 1.2 of the Agreement is amended to read as follows: “(1.2) The City, at its option, may extend the term of this Agreement for up to three (3) one-year extensions based on Consultant’s performance and mutual agreement. In the event of the exercise of such option by the City, all other terms of this Agreement, shall remain the same, except for the new Termination Date, as agreed to by the Parties.” 495 Contract No. C36620 3.4 Representatives. Section 8 of the Agreement is amended to read as follows: “(8) Until such time as Consultant shall have received written notice to the contrary, the “designee of the City” as that term is used herein, shall be the City Manager. Furthermore, the designated representatives to act on each Party’s behalf for correspondence and day -to- day administration of this Agreement are as follows: CITY: Chris Escobedo, Assistant City Manager 73510 Fred Waring Dr. Palm Desert, CA. 92260 CONSULTANT: Aquatics Manager 73751 Magnesia Falls Drive Palm Desert, CA 92260 3.5 Termination. Section 10 of the Agreement is amended to read as follows: “(10) Either Party may terminate this Agreement immediately upon written notice to the other Party if the other Party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach. A “material breach” shall include, but is not limited to, the following: (a) failure to perform its obligations under this Agreement in a timely and competent manner; (b) eng aging in fraudulent or dishonest conduct that is detrimental to the interests of the other Party; (c) violation of any applicable laws or regulations in the conduct of its business; (d) repeated instances of failure to comply with the terms of this Agreement. 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 ninety (90) days before the effective date of such termination. Consultant may, by written notice to City, terminate this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof, at least one hund red eighty (180) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been completed before the effective date of termination in a manner consistent with professional standard of care. The rights and remedies provided in this section shall n ot be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.” 3.6 Management Fee. Section 15 of the Agreement is amended to read as follows: “The City agrees to pay the Consultant a fixed Management Fee for the period of this Agreement to the expiration of the term, Consultant shall receive a “Fixed Management Fee” of $14,824.10 per month. The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice. 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 Pri ce Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA or 5%, whichever is lower.” 3.7 Unemployment Cost Reimbursement. A new Section 15.1 is added to the Agreement to read as follows: 496 Contract No. C36620 “(15.1) Unemployment Cost Reimbursement. The City anticipates that the Aquatic Center will be closed for a capital improvement project, including but not limited to the replacement and upgrade of the pump room, in or about November -December 2025 (“Project”). In the event that the Aquatic Center is closed to allow for work on the Project, City agrees to reimburse Consultant for unemployment benefits incurred by eligible employees resulting from said closure. To qualify for reimbursement under this provision, Consultant must provide documentation that demonstrates the eligibility of affected employees for unemployment benefits in accordance with state and federal laws. Upon receipt of the documentation from the Consultant regarding eligible employees and associated unemployment costs, the City shall review the submission within thirty (30) business days. City will reimburse the Consultant for approved u nemployment costs within sixty (60) days of submission, provided all eligibility requirements and documentation are satisfactorily met. City’s reimbursement obligation under this provision shall be limited to the actual unemployment benefits paid to eligib le employees directly attributable to the closure period. The City shall not be liable for any additional costs incurred by the Consultant, including but not limited to administrative fees, legal costs, or any benefits beyond unemployment compensation. In addition to the indemnification obligations in Section (23) of this Agreement and otherwise found throughout the Agreement, the Consultant agrees to indemnify and hold harmless the City, its directors, officials, officers, employees, volunteers, and agents from any claims, liabilities, or damages incurred as a result of unemployment claims arising from this closure, except for instances of negligence or willful misconduct by City. City shall not be responsible for any unemployment claims that arise from emp loyee misconduct or termination for cause. City’s obligation to reimburse unemployment costs under this provision shall terminate if: (a) Consultant fails to provide the required documentation or fails to notify the City within the established timeframe; o r (b) Consultant refuses to accept unemployment reimbursements or fails to comply with any state or federal regulations regarding unemployment claims. City and the Consultant agree to work together in good faith for the duration of the Project that affects this closure period and in regard to the corresponding unemployment reimbursement obligations under this provision.” 4. Additional Terms. 4.1 Continuing Effect of Agreement. Except as stated and amended by this Amendment No. 8, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 8. From and after the date of this Amendment No. 8, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8. 4.2 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. 8. 4.3 Severability. If any portion of this Amendment No. 8 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 4.4 Counterparts. This Amendment No. 8 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. 497 Contract No. C36620 IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 8 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written. CITY OF PALM DESERT FAMILY YMCA OF THE DESERT Approved By: _________________________________ _________________________ L. Todd Hileman Paula Simonds, City Manager CEO Attested By: _____________________________________ Anthony J. Mejia City Clerk Approved As to Form: ______________________________________ Isra Shah Best Best & Krieger, LLP City Attorney 498 Contract No. C36620 EXHIBIT “A” SCOPE OF SERVICES 499 Contract No. C36628 Amendment No. 8 Exhibit A Page 1 of 20 SCOPE OF SERVICES General Scope: The Consultant will provide management and operations services for City of Palm Desert in accordance with the Contract Documents at the Palm Desert Aquatic Center (PDAC), located at 73751 Magnesia Falls Drive, Palm Desert, CA 92260. The City requests the Consultant to demonstrate their ability to provide and perform services for the Aquatic Center including, but not limited to, management, operations, programming, concessions, and janitorial services relating to the Aquatic Center as described in this Scope of Services. The Aquatic Center consists of the following amenities: • 50- Meter Pool with Diving Area • Recreation / Therapy Pool (with slides) • Children’s Pool with Water Play Structure • Concessions Area (675 Sq. Ft.) • Men’s and Women’s Locker Rooms • Family Restrooms and Changing Areas • Lifeguard Room / First Aid Room • Administration Offices • Multi-Purpose Room (842 Sq. Ft.) • Storage Room • Mechanical Room • Chemical Storage Areas The City contracts the major pool mechanical maintenance of the Aquatic Center to a third -party contractor and will work closely with the Consultant to ensure prompt service to the facility. All utilities will be directly billed and paid for by the City. All services provided by the Consultant must be performed to the industry standards and compliant with all applicable local, county, state, and federal laws. 500 Contract No. C36628 Amendment No. 8 Exhibit A Page 2 of 20 1.1. Roles and Responsibilities City of Palm Desert Family YMCA of the Desert Day-to-Day Operation • Janitorial • Admissions and program operation • POS system • Program Development Facility • Weekly walk-through inspections • Execute maintenance projects • Execute capital improvement projects • Daily upkeep of pools, slides, and other equipment • Minor pool equipment repairs and painting • Submit immediate reports on maintenance or CIP needs • Make recommendations on maintenance or CIP needs based on aquatic industry standards Human Resources • Management committee to meet monthly • Annual Wage Scale Review • Aquatic Manager, Aquatics Consultant/Manager, Operations Manager, Front Desk, Concessions, Lead Lifeguards and Lifeguards • Recruitment • Competitive wages and benefits • General staff training for facility operation • Lifeguard certification • First aid/CPR/AED Marketing and Programs • City-provided marketing firm • New programs and expanded hours to be proposed by management committee and Aquatics Consulting/Management position • Aquatics Consulting/Management position to drive new revenue opportunities • Coordinate monthly marketing meetings • Staff and operate programs in coordination with City staff • Accountability • Analysis of KPIs • Collect data on prescribed KPIs 501 Contract No. C36628 Amendment No. 8 Exhibit A Page 3 of 20 • Monthly meetings with management committee • Develop and organize financial projection and analysis team • Review monthly/quarterly trends regarding budget, visitors, KPI data • Monthly meetings with management committee • Assist with report development and presentation • Participation in financial projection and analysis team Concessions • Develop updated schedule and menu • Determine need for additional equipment • Operate concessions per City guidance • Conduct inventory of concessions supplies Facility Closures • Reimburse the Family YMCA of the Desert for any incurred costs not to exceed $250,000 for pump room renovation project (based on estimated 8-week closure). • Facilitate and expedite construction timelines and costs during closure. • Communicate construction project timeframes and any relevant updates • Provide a detailed personnel workplan that will delineate which employees will continue working and their respective roles during the duration of the closure, and which employees will not be retained. • Provide supporting documentation and receive approval from city should there be closure extensions. 1.2. Services to be Performed The Consultant will provide services, plans and procedures as described below for the day -to-day management and operations of the facility: • Perform maintenance, cleaning, and minor repairs of all pools, equipment, and facilities. • Perform daily safety and compliance checks of all pools, decks, pool amenities, and facilities. Notify City staff of all urgent issues immediately and routine concerns within one business day. • Complete daily inspection report form for water slides and applicable attractions when in use and maintain on file. • Ensure the pool and support facilities meet cleanliness and hygiene standards. • Ensure all pools meet applicable Riverside County Health Department standard compliance (chemicals, flow, filtration, etc.). • Manually check and record water chemistry in each pool every 2 hours (minimum) and adjust chemicals as needed. 502 Contract No. C36628 Amendment No. 8 Exhibit A Page 4 of 20 • Maintain industry standards for water clarity and cleanliness on all pools. • Inspect and maintain records of all pools and equipment. • Monitor inventory levels of chemicals and other pool maintenance supplies for the purpose of ensuring the availability of supplies as needed. • Monitor and inventory concessions supplies. • Prepare and process purchase orders for the purpose of securing needed supplies according to City of Palm Desert purchasing policies and requirements. • Provide regular KPI data and reports as required for assigned equipment and programs. • Maintain equipment and chemical rooms to be free of non -essential equipment, used parts, clutter and chemical spills. • Follow all required safety precautions when using hazardous materials, assigned tools, and machinery. • Set up and/or move equipment (e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for patrons and programs. • Maintain cleanliness of all facilities within the aquatic center: pools, drains, deck, locker rooms, etc. • Perform facility painting and retouching as necessary to maintain a high-quality facility facade. • Promote, and exemplify City of Palm Desert Mission, Vision and Core Values. • Exercise excellent customer service. Follow up on complaints, questions, and concerns; respond to internal and external customer needs in a friendly, timely and efficient manner. • Administer regular customer feedback and satisfaction surveys. • Comply with local jurisdictional requirements and industry standards as applicable including but not limited to: California Pool Code, Model Aquatic Health Code, OSHA Hazardous Communications Standard and OSHA Bloodborne Pathogens Standard. 1.3. Business Plan Consultant shall provide a Business Plan to include the following: • Hours of operation (subject to change if approved in writing by the City) o May through September ▪ Monday – Friday 5:30 am – 7:00 pm ▪ Saturdays 7:00 am - 7:00 pm ▪ Sundays 8:00 am – 7:00 pm o October through April ▪ Monday – Friday 5:30 am – 7:00 pm ▪ Saturdays 7:00 am - 5:00 pm ▪ Sundays 8:00 am – 5:00 pm • Personnel requirements Guidelines for policy development for programs and facility 503 Contract No. C36628 Amendment No. 8 Exhibit A Page 5 of 20 1.4. Preventative Maintenance Plan The Consultant develop a comprehensive Preventative Maintenance Plan that includes, but is not limited to the following: A. Facility Inspection Program 1. Details of facility inspections 2. Frequency of facility inspections B. Routine Maintenance to be performed. C. Mechanical Equipment Inventory 1. Name and Model # 2. Manufacturer and contact info. 3. Local Vendor (as applicable) 4. Replacement and service details D. Equipment Manuals 1. In the event an equipment manual is not available, the City shall attempt to provide a satisfactory replacement from the equipment manufacturer. 2. If no manual is available, the Consultant shall provide a written document outlining the standard operating procedures for maintaining and operating the applicable piece of equipment. E. The City will As-Built Plans to be included in the Preventative Maintenance Plan . 1.5. Safety Plan The Consultant shall provide and maintain a facility Safety Plan. The Consultant is authorized by the City to implement the Safety Plan with proper notification to the City. The Safety Plan sha ll include, but is not limited to the following: A. Facility Staffing Plan 1. Code Compliance Staffing Plan 2. Zones of Patron Surveillance 3. Rotation Procedures 4. Alternation of Tasks 5. Supervision Protocols B. Emergency Action Plans 1. Emergency procedures for anticipated emergencies at the aquatic center 2. Methods of communication 3. Required emergency equipment. 4. Emergency closure requirements C. Biohazard Action Plan 1. Fecal vomit and blood contamination of the pool and facility surfaces D. Pre-Service Training Plan 1. Facility policies and procedures to be included in training. 2. Demonstration of required Safety Team skills specific to PDAC 504 Contract No. C36628 Amendment No. 8 Exhibit A Page 6 of 20 3. Documentation of training E. In-Service Training Plan 1. In-service training frequency. A minimum of 4 hours of in-service training monthly is required of all staff that regularly, or MAY perform lifeguard duties. a. Makeup in-services may be held for approved absences and must comply with the original in-service plan missed. b. Lifeguards who do not meet the monthly in-service training requirement must undergo Pre-Service Training prior to returning to Lifeguard duties. 2. In-service documentation 3. Certification maintenance 4. Demonstration of Lifeguard Skill Proficiencies 5. Competency Demonstration Plan a. Ability to reach the furthest edge of Zones of Surveillance within 20 seconds. b. Ability to perform required emergency response skills. c. Ability to perform Resuscitation and First Aid skills. 1.6. Recruitment and Hiring Plan A. Recruitment and Hiring 1. Consultant will submit a written process for recruitment and hiring. B. Organizational Chart and Staffing Levels Consultant will provide and maintain an organizational chart depicting the management approach and general staff responsibilities. Staffing levels will be maintained at a minimum required based on the submitted and approved staffing plan (Safety Plan – Section 1) and Zone Evaluation documentation. Staffing and salary ranges are to be provided annually to the City of Palm Desert Director of Public Works for approval. Alternative organization and staffing plans that meet safety and operating requirements may be submitted by the Consultant. All alternate staffing plans must be approved by the City of Palm Desert before they are instituted.] C. All personnel will be easily identifiable by approved uniforms at all times while on duty. D. Janitorial services for the facility will be completed by the Consultant and is typically performed by Lifeguards and other staff on duty. 1. Regular locker room checks are expected to be performed throughout the day. 2. Locker room check sheets may be utilized at the discretion of the Consultant. E. Position Descriptions 1. Descriptions for key positions listed above will be developed and maintained by the Consultant. F. Organizational Chart provided by YMCA upon contract adoption. 505 Contract No. C36628 Amendment No. 8 Exhibit A Page 7 of 20 1.7. Staff Training A. PDAC staff will maintain the following minimum training credentials: 1. Aquatic Director / Manager a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal. 2. Aquatic Director / Manager, Aquatics Coordinator, Facility Operations Manager, or other staff a. Lifeguard Instructor Certification (LGI) 3. Facility Operations Manager a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal. 4. Aquatics Front Desk & Concessions Manager a. Food Manager Certification (must be from a school recognized by the Riverside County Department of Environmental Health: https://rivcoeh.org/sites/g/files/aldnop361/files/migrated/Portals -0-PDF- Foods-31-09-DES-Food-Manager-Certification.pdf 5. Lifeguards a. Lifeguarding with Bloodborne Pathogens Training, Administering Emergency Oxygen, Asthma Inhaler Training, Epinephrine Auto Injector, First Aid for Public Safety Personnel (Title 22) (American Red Cross or approved equal) 1.8. Operations Procedures The Consultant will develop and maintain standard procedures that must be performed for the proper maintenance and operations of the facility. These include but are not limited to: • Pool Chemical Parameters • Chemical Room Emergency Procedures • Hazard Identification and Communication • Safety and First Aid Equipment • Facility and Pool Cleanliness • Health Regulations • Discipline • Child Abuse Prevention • Lost and Found • Media Communication • Pool Water Contamination and Response • Biohazard Disposal • Report Writing 1.The designated shift supervisor oversees the facility and staff. 506 Contract No. C36628 Amendment No. 8 Exhibit A Page 8 of 20 2. The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age. 3. Facility may not open to the general public without a minimum of 3 lifeguard certified staff members present. 4. At the start of their shift, all certified staff members must be ready to perform assigned duties. 5. All schedules are posted in their respected offices and emailed to the staff in a timely manner. 6.Deck Lifeguards: 1. During high use times lifeguards will rotate regularly. 2. Lifeguards leaving the deck must perform regular locker room checks. 3. Elevated lifeguard stations shall be utilized as the standard for most lifeguard zones. a. Ground level stations may be utilized where appropriate. b. Roving stations may not be utilized as a primary surveillance position. Roving stations may be utilized as secondary lifeguards to a zone when necessary. 4. Rescue hip packs must be worn by all trained lifeguards at all times. Packs will be adequately supplied with a resuscitation mask appropriate for adults and a mask appropriate for children, or a universal mask and non-latex exam gloves. 7. Backup Duty Lifeguard: 1. When not needed on deck or to assist customers, Backup Duty Lifeguards shall: a. check locker rooms for behavior issues or horseplay, b. assist in rendering first aid to injured persons, c. assist deck lifeguard as needed, d. or perform cleanup and maintenance activities. 8. If a full complement of staff is not needed, the supervisor on duty may release excess lifeguards from work. 9. No lifeguard will be scheduled to work more than 8 hours in one day. 10. Lifeguards will be trained to complete injury report forms for all injuries to be submitted to the Aquatic Manager. 11. The Aquatic Manager shall notify the City of all incidents, as required. 12. The Lead Lifeguard is required to check and record pool chemistry every 2 hours. 13. Water chemistry shall be checked in the morning in enough time to adjust chemicals prior to opening to the public. 14. Water chemistry shall be checked at closing and necessary chemical adjustments made prior to staff leaving. 507 Contract No. C36628 Amendment No. 8 Exhibit A Page 9 of 20 15. All staff will receive communications training, including verbal and non -verbal hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management will share information at regular meetings and Supervisors will convey information through in-service trainings or other methods as needed. 16. The concession stand adheres to all Riverside County health codes and regulations. All staff handling unpackaged food must maintain current Riverside County Food Handler cards and be overseen by a Food Safety Manager. A minimum of one Food Safety Manag er shall be on staff during the concession operation. 17. Locker rooms are monitored periodically by lifeguards. No food or drink is allowed in the locker rooms. Towel snapping, running or rough play is not allowed. Children 5 years of age and older are required to use the locker room of their own sex. Family changing rooms are also available. 18. Any commercial advertisements, press releases, articles, or other media information using the City’s name and/or logos shall be subject to the prior approval of the City. 19. All advertisements at the Aquatic Center are subject to approval by the City. 1.8.1 Facility Closures • In the event that the City closes the facility due to the pump room renovation project, or other repair and maintenance activity, the City will reimburse the Family YMCA of the Desert for any incurred costs not to exceed $250,000 per 8-week closure. Further, If the facility closure extends beyond the anticipated project completion deadline, the city will continue to reimburse the Family YMCA of the Desert for any additional costs with proper documentation and approval from the city. • The YMCA will provide a detailed personnel workplan that will delineate which employees will continue working and their respective roles during the duration of the closure, and which employees will not be retained. 1.9. Financials The Consultant shall develop and maintain financial procedures that align with the City’s financial policies and procedures, including but not limited to: • Cash controls • Budget development • Payroll • Collections • Revenue reporting • Purchasing • Accounts payable 508 Contract No. C36628 Amendment No. 8 Exhibit A Page 10 of 20 The Consultant shall keep complete and accurate books of revenues collected and will make all records available to the City upon request. Books and records for the PDAC shall be maintained separately from other facilities operated by the Consultant. The Consultant shall maintain accounting books and records for a period of at leas t three years after the expiration or earlier termination of the Agreement, and the City shall have the right to inspect and audit such books and records during such period. Financial and daily records shall meet the following criteria: • Record of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer’s receipt. Beginning and ending cash register readings shall be made a matter of daily record. • Entry of each and every Aquatic Center user’s name on entry log.* • A total count of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail reports. • Ability to differentiate resident vs. non-resident visits. • Maintenance of a daily logbook detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category. • Ability to record and report the number and type of discounts provided. • Monthly and annual statements of gross revenues, including a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City. *Except non-resident drop-in for recreation and lap swim. Groups or families must provide only the primary/head of household or group lead’s contact information. 1.9.1 Cash Receipts The Consultant shall collect daily fees and record them in the point-of-sale system. The city shall provide deposit bags for daily cash receipts, which will be submitted to the city daily with a daily register report or similar report that ties back to the cash receipts . Reports for weekends and observed holidays shall be submitted on the following business day. Reports shall include receivables for insurance-sponsored Senior/dependent benefit programs (i.e. Peerfit, SilverSneakers, Medicare, etc.) and monthly lane rentals. The Consultant shall submit a monthly revenue report to the city for deposit verification and revenue reconciliation, which the city will reconcile during its normal bank recon ciliation processes. The city may implement armored courier services or night deposit proc edures depending on the volume and frequency of cash collected at the PDAC. 1.9.2 Banking The city shall maintain the PDAC cash balances in the main bank account of the city, utilizing the pooled cash method of fund accounting. Upon contract execution, the Consultant shall begin 509 Contract No. C36628 Amendment No. 8 Exhibit A Page 11 of 20 the process of sending accumulated funds back to the city. This process shall include the reconciliation of all deposits in transit and outstanding checks. The City shall provide a loan of $200,000 to the Consultant, to be held in the Consultant’s own bank account, for the purpose of emergency payroll coverage. The Consultant may request the establishment of a petty cash fund from the City if needed. 1.9.3. Reimbursements The management fee and reimbursements for purchase of Consultant supplies of $2,000.00 or less will be made via check, ACH or wire transfer from the city to the Consultant in accordance with the contract terms. For payroll reimbursements, Consultant will provide the city with a report of payroll cash requirements and any requested backup upon completion of each payroll process. The City shall reimburse the Consultant via timely wire transfer on a schedule that aligns with the Consultant’s payroll cash sweep deadlines. 1.9.4. Procurement and Invoice Processing All procurement and invoice processing shall be in accordance with applicable city procurement policies, procedures, and within the approved budget. Expenditures of $500.00 or less may be made directly by the Consultant to maintain adequate supplies for facility operation. Expenditures over $500.00 up to $2,000.00 may be made directly by the Consultant upon city approval. Invoices over $2,000.00 shall be paid directly by the city via city workflow routing. The city shall provide the Consultant with the appropriate instructions on how to submit invoices and other procurement documents for processing. Upon execution, Consultant shall provide the city with any existing contracts for review by the city’s procurement department. 1.10. Policies The Consultant will develop and maintain policies and procedures, including but not limited to: • Pool Use and Safety Rules • Lifeguard Policy and Procedure Manual • Equipment Rental Procedures • Facility Rental, Group Use Requirements, and Fee Structure • Swim Testing • Signage Standards 510 Contract No. C36628 Amendment No. 8 Exhibit A Page 12 of 20 1.11. Program Development The Consultant shall develop a Program Plan to be reviewed and approved by the City. The Program Plan shall include at a minimum. • Swim lessons • Lap swimming • Arthritis and/or Multiple Sclerosis classes • Red Cross certification courses • Yoga, spin, or other group fitness classes • Water games The Consultant shall strive to make classes responsive to and/or inclusive to persons with disabilities. A program registration process will be in place. The Program Plan shall include program attendance goals and shall be reviewed by the Consultant and the City of Palm Desert annually at a minimum. The PDAC Program Plan may be updated or amended to meet City of Palm Desert goals throughout the contract term. Any changes shall be agreed upon by the City of Palm Desert and the Consultant. 1.12. Key Performance Indicators The Consultant shall gather data on a daily basis to report on required Key Performance Indicators (KPIs). For general business practices, the following items or KPIs should be tracked by the Palm Desert Aquatic Center management company. Additional items may be added in the future to influence business and operational decisions. Some items may be removed in the future if they are no longer meaningful for business updates. Monthly reporting should be available to present to and discuss with the Palm Desert Aquatic Center Business Committee. The report information requested may change depending on updated strategies. Depending on the metric, they may be included in Monthly, Quarterly or Annual reports. Financial Programs Operations • Attendance/Passes Sold • Member Retention • Pass Renewals • Concessions Revenue • Rental Revenue • Swim Lesson Revenue • Concessions Per Cap • Program Attendance • Sessions Held/Canceled • Rentals Held • Special Programs • Checklist Compliance • Closures • Incidents • Facility Audit Results • Pool Chemical Readings • Customer Satisfaction • Staff Turnover 511 Contract No. C36628 Amendment No. 8 Exhibit A Page 13 of 20 1.13. Reporting Standards The Consultant shall regularly report on all required KPIs and topics according to required timelines. Monthly reports will be delivered to the City of Palm Desert staff liaison of the PDAC Business Committee. Quarterly reports will be presented at regular Parks and Recreation meetings. Annual reports will be presented to the City Council. Reporting requirements include but are not limited to the items below: Subject Justification Target Information Reporting Frequency Attendance/Passes Sold Tracking attendance and passes sold is crucial for PDAC to understand customer engagement and revenue generation. It is also necessary to understand the impact of the aquatic center services within the community and the impact of the use of City resources. Total attendance for the month including passes and memberships sold. Include comparisons to prior years in the same month. In addition, any special programs, or events with their attendance should be listed in addition to the total. • Monthly • Quarterly • Annually Member Retention Member retention is essential for the stability and growth of a business. It directly affects the recurring revenue and the establishment of a loyal customer base. Understanding and analyzing retention rates assist in developing strategies to retain existing customers, ultimately reducing the cost of acquiring new ones. Membership retention is the percentage of members that continued their membership or renewed their membership during the reporting period. • Monthly • Quarterly • Annually 512 Contract No. C36628 Amendment No. 8 Exhibit A Page 14 of 20 Subject Justification Target Information Reporting Frequency Concessions Revenue/Per Cap Concessions revenue may serve as a significant stream of income for PDAC. Monitoring this metric helps in understanding customer spending patterns, optimizing offerings, and increasing profitability by adjusting product mixes and pricing strategies. Calculating concessions per capita is essential as it reflects the average spending of customers per visit. This metric assists in evaluating the effectiveness of sales strategies and pricing, helping PDAC optimize revenue generation. Concessions revenue should be reported as a total revenue line item (Gross), and net revenue which is the gross revenue minus expenses. Additionally, specific concessions items may be reported to maximize offerings. Monthly during summer months and in the Annual Report. Rental Revenue Rental revenue is a critical source of income for many PDAC. Keeping track of rental revenue allows for effective management of available resources, enabling adjustments in pricing strategies and identifying opportunities to expand services. Rental revenue should be reported to show the number of rentals offered and the amount of revenue collected for that reporting period. This can also be analyzed vs. the previous year’s reporting period to show increases or decreases in revenue. • Monthly • Quarterly • Annually 513 Contract No. C36628 Amendment No. 8 Exhibit A Page 15 of 20 Subject Justification Target Information Reporting Frequency Swim Lesson Revenue Monitoring swim lesson revenue is crucial for PDAC. It helps in gauging the popularity of the program, assesses profitability, and determines the effectiveness of marketing and teaching strategies. Each report should indicate the number of swim lessons taught, the revenue from the swim lessons and increases or decreases from previous reporting periods. • Session • Monthly • Quarterly • Annually Program Attendance Sessions Held/Canceled Tracking the number of sessions held versus canceled is crucial for maintaining operational efficiency. It helps in identifying trends, managing resources effectively, and improving scheduling to minimize disruptions. Monitoring program attendance helps in evaluating the success and popularity of various programs offered. This data guides PDAC in making informed decisions about program improvements, resource allocation, and future offerings. Each program should track attendance, spots filled vs vacant and whether the class or session met minimum sign ups or not. This may help PDAC in ensuring profitable programs continue and unprofitable programs can be abandoned or re-marketed to increase participation. • Quarterly • Annually 514 Contract No. C36628 Amendment No. 8 Exhibit A Page 16 of 20 Subject Justification Target Information Reporting Frequency Special Events / Programs Monitoring the success and attendance of special programs is important for PDAC to understand their impact on revenue and customer engagement. This data informs future planning and helps in tailoring offerings to meet customer demands. Each special event should track attendance and profitability to ensure the special event met profitability and attendance goals. This data can be utilized to understand whether to continue offering the event or not. • Post-event • Annually Checklist Compliance Ensuring checklist compliance is vital for maintaining operational standards, safety, and quality. Tracking compliance helps in mitigating risks, ensuring consistency, and maintaining a positive reputation. Checklist Compliance should be reported as a percentage of total compliance expected, vs what was completed. This will help to ensure risk management operations are being conducted. • Monthly • Quarterly • Annually Closures Documenting closures is crucial for PDAC to understand their impact on revenue and customer experience. Analyzing closure data helps in identifying patterns, mitigating issues, and developing strategies to minimize disruptions. Closures data should include the reason for the closure and the amount of revenue that may have been lost due to the closure. Additionally, any extra expenses incurred due to the closure should be tracked. • Monthly • Quarterly • Annually 515 Contract No. C36628 Amendment No. 8 Exhibit A Page 17 of 20 Subject Justification Target Information Reporting Frequency Incidents Tracking incidents is crucial for ensuring customer safety and satisfaction. It helps in identifying potential risks, improving safety protocols, and maintaining a secure environment for customers and staff. Incidents should be reported immediately to appropriate offices and then tracked to indicate location and reason for the incident. This data can then be used to mitigate future risks. • Monthly • Quarterly • Annually Facility Audit Results Monitoring facility audit results is essential for ensuring operational standards and compliance. This data helps in identifying areas for improvement, maintaining quality standards, and meeting regulatory requirements. Internal and external audits should be report as they occur and given directly to the City of Palm Desert. Per audit Pool Chemical Readings Monitoring pool chemical readings is critical for maintaining a safe and hygienic environment. This data ensures compliance with health and safety standards, protecting the well-being of customers and staff. Abnormalities may be reported to the City of Palm Desert as they occur, however pool readings should be recorded and available to be reported on as needed. Per occurrence 516 Contract No. C36628 Amendment No. 8 Exhibit A Page 18 of 20 Subject Justification Target Information Reporting Frequency Customer Satisfaction Assessing customer satisfaction is fundamental for PDAC to understand the quality of services offered. This data helps in identifying areas for improvement, retaining customers, and attracting new ones through positive word- of-mouth. Customer satisfaction measurements should be taken after every program and program session and periodically throughout the year. Customer satisfaction can then be reported Quarterly or Annually as needed. • Quarterly • Annually Staff Hiring / Retention Tracking staff turnover is important for PDAC to assess employee satisfaction, identify retention issues, and implement strategies to improve workplace culture and reduce hiring and training costs. Tracking staff recruitment is crucial for PDAC to ensure appropriate staffing levels. Monitoring recruitment efforts helps in identifying trends, optimizing the hiring process, and ensuring a skilled and reliable workforce. The number of staff retained, and the number of staff hired vs the number needed for operations. This can help identify staffing needs and increases in marketing toward staffing goals. • Quarterly • Annually 517 Contract No. C36628 Amendment No. 8 Exhibit A Page 19 of 20 Subject Justification Target Information Reporting Frequency Completed Maintenance Monitoring completed maintenance tasks is crucial for ensuring the proper functioning of equipment and facilities. It helps in preventing disruptions, ensuring customer satisfaction, and maintaining a positive reputation. Regular maintenance summaries should be included in monthly reports and major maintenance projects reported in annual reports to show that preventive maintenance and regular maintenance is occurring. • Monthly • Annually In-Service Training Ensuring in-service training compliance is vital for staff development and maintaining operational standards. It assists in enhancing employee skills, ensuring consistency in service quality, and adhering to regulatory requirements. In-service training should be reported annually to show a complete in-service training program and that all staff members are receiving the required number of training hours annually. • Annually Goal Updates Goals move the business at PDAC forward and the reporting of goals achieved or worked on show the progress management is making toward the future. Goals should be reported Quarterly and Annually to ensure continuous improvement in operations and business. • Quarterly • Annually The Consultant shall meet with City staff monthly to review operations, KPIs and other topics. Goals and strategy meetings shall be held on a quarterly basis. 518 Contract No. C36628 Amendment No. 8 Exhibit A Page 20 of 20 1.13.1 Management Fee Breakdown: PDAC Management Fee Breakdown PDAC Cost per item Management Personnel (3 staff part time) $103,759.20 Payroll Software $13,200 Operating/Accounting software $5,250 Accounts Payable software $180 Finance& Accounting $27,000 Information Technology $9,900 Human resources $6,000 Annual YMCA Dues $12,600 $177,889.20 Fixed Annual Management Fee Total 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 or 5%, whichever is lower. Should the City develop or acquire a system capable of taking on the functions currently performed by the Vendor, the City reserves the right to revisit and potentially remove the Vendor's responsibilities for these functions. 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 ninety (90) days befo re the effective date of such termination. Consultant may, by written notice to City, terminate this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof, at least one hundred eighty (180) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been completed before the effective date of termination in a manner consistent with professional standard of care. 519 520 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Randy Chavez, Deputy Director of Public Works SUBJECT: DIRECTION ON MATERIALS FOR EL PASEO RAISED CROSSWALKS RECOMMENDATION: Request City Council direction on the preferred materials for raised crosswalks along El Paseo. BACKGROUND/ANALYSIS: The City of Palm Desert (City) installed three raised crosswalks around El Paseo in 2019. The purpose of raised crosswalks is to improve pedestrian safety by forcing drivers to slow down and make pedestrians more visible. Following the crosswalk installation, staff was requested to evaluate additional locations in 2023. Kimely-Horn (Consultant) was hired to conduct the study. In January 2024, the Consultant completed the study and staff presented the findings to the Active Transportation Program (ATP) Subcommittee. The purpose of the meeting was to discuss the study, potential crosswalk materials and next steps. In March 2024, the City Council held a study session to discuss this study as well. Key topics and recommendations included:  Construct two new raised crosswalks on El Paseo, located at Ocotillo and Sage, as well as Sage Lane and Lupine Lane.  Reconstruct the raised crosswalk at Larkspur Lane to meet ADA compliance.  Replace three rectangular rapid flashing beacon (RRFB) systems located at the existing raised crosswalks and add two RRFB systems at the new locations.  Review material options for raised crosswalks, such as decorative asphalt or pavers. Excluding material options, the proposed costs include: Location Council Direction Cost El Paseo (Ocotillo to Sage)  Construct new raised crosswalk  Install new RRFB system $470,000 El Paseo (Sage Lane to Lupine Lane)  Construct new raised crosswalk  Install new RRFB system $470,000 Larkspur Lane (El Paseo to Shadow Mountain Drive)  Replace RRFB system $240,000 El Paseo (San Pablo Avenue to Larkspur Lane)  Replace RRFB system $130,000 El Paseo (Larkspur Lane to San Luis Rey Avenue)  Replace RRFB system $130,000 Total: $1,440,000 521 City of Palm Desert El Paseo Crosswalks Page 2 of 3 On March 27, 2024, staff met with the ATP Subcommittee to review and clarify City Council comments coming from the study session . In addition, the City Council requested the ATP Subcommittee to review more decorative crosswalk design options. On October 2, 2024, staff met with the ATP Subcommittee to discuss design options . The ATP Subcommittee did not reach a decision and requested additional design alternatives for further consideration. As construction planning advances, the ATP Subcommittee has requested revisiting the material options based on knowledge gained during the review process. Staff is requesting the City Council's guidance on the preferred type of crosswalk materials. The overall project, encompassing additional planned enhancements along El Paseo, is anticipated to be completed in the summer of 2025. Based on the recommendation, staff would discuss with the ATP Subcommittee to identify the materials, which would also guide decisions for any future raised crosswalks in the area. Material Types and Costs The ATP Subcommittee considered two material options for the raised crosswalks along El Paseo. Each material presents advantages and challenges affecting maintenance and alignment with the overall design vision for El Paseo. Asphalt with Decorative Pattern This option features asphalt enhanced with a decorative pattern, offering benefits such as reduced maintenance at the junctions of asphalt and concrete and ease of construction. Its durability makes it a cost-effective and practical choice in the short term, while the flexibility to update or redesign the decorative pattern provides adaptability for future enhancements. However, each crosswalk is recommended to be repainted at least every five years based on best practices and its pavement maintenance schedule. In addition, each crosswalk should undergo power washing at least annually. Pavers This option provides a high-quality appearance and long-term durability, making it a visually appealing option for enhancing El Paseo's distinctive character. While pavers may have slightly higher upfront costs depending on the number of colors and pattern complexity, their installation on a mortar bed reduces maintenance needs related to wear and settling. Potential challenges include transitions between pavers and adjacent asphalt surfaces, where material differences could result in unevenness and additional maintenance requirements. Crosswalks using this material are typically evaluated for replacement every 20 to 30 years. In addition, each crosswalk should undergo power washing at least annually. Lifecycle Costs Over a 20-year period, the total costs of asphalt with a decorative pattern and pavers are comparable, with only minor differences. The primary distinction lies in the shorter lifecycle of asphalt with a decorative pattern, which necessitates resurfacing and repainting every five years, 522 City of Palm Desert El Paseo Crosswalks Page 3 of 3 resulting in higher maintenance expenses. In contrast, pavers have a longer lifecycle exceeding 20 years and require less intensive annual maintenance. The recurring need for asphalt resurfacing and repainting results in total lifecycle costs comparable to those of pavers. The following chart provides a detailed comparison of lifecycle costs for asphalt with a decorative pattern and pavers over a 20-year period. It is important to note that these costs are presented in current values and do not account for potential inflation or future cost increases. Material Type Construction + Materials Short-Term Maintenance Medium-Term Maintenance Lifecycle Cost Annually (16 times) Every 5 Years (3 times) 20 Years Asphalt w/Decorative Pattern $1,610,000 $6,000 x 16 $34,000 x 3 $1,808,000 Pavers * $1,615,000 $6,000 x 16 $12,000 x 3 $1,747,000 * Costs are based on a single color and subject to increase with the addition of multiple colors Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The financial impact will depend on the materials chosen for the raised crosswalks. A total of $1,700,000 has been allocated for this purpose in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List under Gas Tax Account No. 2114134-4400200, Measure A Account No. 2134311-4332000, and Capital Bond Account No. 4514679 -5000102. Therefore, there is no fiscal impact to the General Fund with this action. The table below outlines the total budget and expenses for the project: Account Budget Construction Estimated Cost Balance Gas Tax: 2114134-4400200 $450,000 Measure A: 2134311-4332000 $1,000,000 Capital Bond: 4514679-5000102 $250,000 Budget Total $1,700,000 Construction Costs – Options Option A: Asphalt with Decorative Pattern $1,610,000 $90,000 Option B: Pavers $1,615,000 $85,000 ATTACHMENTS: 1. City Council Staff Report and Presentation (March 14, 2024) 2. ATP Subcommittee Presentation (March 24, 2024) 3. ATP Subcommittee Staff Report and Presentation (October 2, 2024) 4. Material Samples 523 524 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 14, 2024 PREPARED BY: Bassam AL-Beitawi, Senior Project Manager REQUEST: STUDY SESSION: TRAFFIC ASSESSMENT STUDIES OF EL PASEO RAISED MID-BLOCK CROSSINGS AND UNIVERSITY DOG PARK PARKING OPTIONS RECOMMENDATION: Receive and file an update on the El Paseo raised mid-block crossings and University Dog Park parking options. BACKGROUND/ANALYSIS: City staff has recently undertaken various requested traffic assessment studies, including on the El Paseo raised mid-block crossings and University Dog Park parking options. The purpose of this study session is to review the findings and recommendations of the assessment studies for City Council discussion. Legal Review: This report has been reviewed by the City Attorney’s Office. ATTACHMENT: 1. Presentation 525 El Paseo Raised Mid-block Crossings Study Session March 14, 2024 526 Agenda Why Study Crosswalks? Existing Raised Crosswalks Recommendations (Existing) New Crosswalk Alternatives Recommendations (New) Cost Summary 527 Why Study Raised Crosswalks? ❑Why study raised crosswalks on El Paseo? ❑El Paseo merchants requested the City to install additional mid-block raised crosswalks on El Paseo (Highway 74 & San Pablo Avenue) ❑What locations are apart of the study? ❑3 existing locations ❑3 new locations 528 ❑El Paseo (San Pablo Avenue & Larkspur Lane) ❑El Paseo (Larkspur Lane & San Luis Rey Avenue) ❑Larkspur Lane (El Paseo & Shadow Mountain Drive) Rectangular Rapid Flashing Beacons (RRFB) Existing Raised Crosswalks 529 530 Recommendations: Existing Raised Crosswalks Keep 3 existing raised crosswalks Replace the RRFB units at 3 locations Construct a sidewalk bulb-out (Larkspur Lane) 531 Recommendations: Existing Raised Crosswalks Location Recommendation Cost El Paseo (San Pablo Avenue to Larkspur Lane)•Retain existing raised crosswalk •Replace RRFB system $130,000 El Paseo (Larkspur Lane to San Luis Rey Avenue)•Retain existing raised crosswalk •Replace RRFB system $130,000 Larkspur Lane (El Paseo & Shadow Mountain Drive)•Construct a raised sidewalk bulb-out on east side & west sides •Replace RRFB system $240,000 Total:$500,000 532 El Paseo (Ocotillo Drive & Sage Lane) El Paseo (Sage Lane & Lupine Lane) El Paseo (Lupine Lane & San Pablo Avenue) Raised Crosswalk Alternatives Explored… 533 Collision Data ❑No vehicle-pedestrian collisions observed at location Field Observations ❑Existing segment length is ~800 feet ❑Located near restaurants & jewelry shop ❑Connects to 2 pedestrian-only passages leading to parking areas behind stores ❑No driveways along this segment Business Outreach ❑Generally supportive Recommendation ❑Construct raised pedestrian crossing & RRFB system ❑Cost: $470,000 (asphalt only) Raised Mid-block Crosswalks: El Paseo (Ocotillo Drive & Sage Lane) El Paseo Oc o t i l l o D r i v e Sa g e L a n e 534 Collision Data ❑No vehicle-pedestrian observed collisions at location Field Observations ❑Existing segment length is ~675 feet ❑Located near retails stores & 2 jewelry shop ❑Connects to 2 pedestrian-only passages leading to parking areas behind stores ❑No driveways along this segment Business Outreach ❑Generally supportive Recommendation ❑Construct raised pedestrian crossing & RRFB system ❑Cost: $470,000 (asphalt only) Raised Mid-block Crosswalks: El Paseo (Sage Lane & Lupine Lane) Sa g e L a n e Lu p i n e L a n e El Paseo 535 Collision Data ❑No vehicle-pedestrian collisions observed at location Field Observations ❑Existing segment length is ~510 feet ❑Located near retails stores & coffee shop ❑Connects shopping center into the interior of the north side of block ❑Terminates near existing driveway, which creates potential for vehicle-pedestrian conflicts Recommendation ❑Not recommended Raised Mid-block Crosswalks: El Paseo (Lupine Lane & San Pablo Avenue) Lu p i n e L a n e El Paseo Sa n P a b l o A v e n u e 536 Location Recommendation Cost El Paseo (Ocotillo Drive to Sage Lane) Construct raised crosswalk w/RRFBs $470,000 El Paseo (Sage Lane to Lupine Lane) Construct raised crosswalk w/RRFBs $470,000 Total:$940,000 Improvement Cost New High Visibility “Ladder” Type Striping (per location)$27,000 Brick Pavers (per location & 1 color design)$32,000 New Decorative “Flower” Art Paint (per new location)$34,000 Interlocking Pavers (per location & multi-color design)+ $35,000 Additional Costs (Pavement Enhancements): Base Costs (Asphalt Only): Recommendations: New Raised Crosswalks 537 Interlocking Pavers 538 539 New or Existing Location Location Asphalt Only Ladder Striping Brick Pavers Decorative Flower Interlocking Pavers Existing El Paseo (San Pablo Avenue to Larkspur Lane) $130,000 $157,000 $162,000 $164,000 + $165,000 Existing El Paseo (Larkspur Lane to San Luis Rey Avenue) $130,000 $157,000 $162,000 $164,000 + $165,000 Existing Larkspur Lane (El Paseo & Shadow Mountain Drive) $240,000 $267,000 $272,000 $274,000 +$275,000 New El Paseo (Ocotillo Drive to Sage Lane) $470,000 $497,000 $502,000 $504,000 + $505,000 New El Paseo (Sage Lane to Lupine Lane) $470,000 $497,000 $502,000 $504,000 + $505,000 Total:$1,440,000 $1,575,000 $1,600,000 $1,610,000 + $1,615,000 540 Questions 541 542 El Paseo Mid-block Crosswalks: Staff Takeaways & Revised Recommendations ATP Subcommittee Meeting March 27, 2024 543 ❑El Paseo (San Pablo Avenue & Larkspur Lane) ❑El Paseo (Larkspur Lane & San Luis Rey Avenue) ❑Larkspur Lane (El Paseo & Shadow Mountain Drive) Rectangular Rapid Flashing Beacons (RRFB) Existing Mid-block Crosswalks 544 Existing Mid-block Crosswalks: Staff Takeaways Location Proceed With Recommendations Cost El Paseo (San Pablo Avenue to Larkspur Lane)•Retain existing raised crosswalk •Replace RRFB system $130,000 El Paseo (Larkspur Lane to San Luis Rey Avenue)•Retain existing raised crosswalk •Replace RRFB system $130,000 Larkspur Lane (El Paseo & Shadow Mountain Drive)•Construct a raised sidewalk bulb-out on east side & west sides •Replace RRFB system $240,000 Total:$500,000 545 Mid-block Crosswalk Study 546 ❑El Paseo (Ocotillo Drive & Sage Lane) ❑Construct raised pedestrian crossing & RRFB system ❑Cost: $470,000 (asphalt only) ❑El Paseo (Sage Lane & Lupine Lane) ❑Construct raised pedestrian crossing & RRFB system ❑Cost: $470,000 (asphalt only) ❑El Paseo (Lupine Lane & San Pablo Avenue) ❑Do not install Crosswalk Evaluation 547 Post-Study Session Further Consulted with Engineering Staff Developed additional recommendation Pros & Cons of Recommendations Updated Cost Summary #1: Asphalt / Decorative Flower (Raised) #2: Stamped Concrete or Pavers (Raised) #3: Stamped Concrete or Brick-in-mortar (Flat Surface) 548 #1: Asphalt / Decorative Flower (Raised) Pros Reduced maintenance at asphalt & concrete junctions Durability & constructability Allows flexibility to re-design pattern Cons Maintenance of asphalt & decorative flowers 549 #2: Stamped Concrete or Pavers (Raised) Pros Materials demonstrate long-term durability Most aesthetic / visually pleasing Cons Requires additional maintenance (grinding & patching) Highest cost 550 #3: Stamped Concrete or Brick-in-mortar (Flat Surface) Pros Materials demonstrate long-term durability El Paseo & Ocotillo Drive in good condition Reduced maintenance at asphalt & concrete junctions Lowest cost Cons Does not reduce speed Potential resistance from businesses 551 New or Existing Location Location Asphalt / Decorative Flower (Raised) Stamped Concrete or Pavers (Raised) Stamped Concrete or Brick -in-mortar (Flat Surface) Recommendation #1 Recommendation #2 Recommendation #3 Existing El Paseo (San Pablo Avenue to Larkspur Lane)$164,000 + $165,000 $100,000 Existing El Paseo (Larkspur Lane to San Luis Rey Avenue)$164,000 + $165,000 $100,000 Existing Larkspur Lane (El Paseo & Shadow Mountain Drive)$274,000 + $275,000 $100,000 New El Paseo (Ocotillo Drive to Sage Lane)$504,000 + $505,000 $230,000 New El Paseo (Sage Lane to Lupine Lane)$504,000 + $505,000 $230,000 Total:$1,610,000 + $1,615,000 $760,000 552 Questions 553 554 CITY OF PALM DESERT INTEROFFICE MEMORANDUM To: Active Transportation Subcommittee From: Bassam AL-Beitawi, Senior Project Manager Date: October 2, 2024 Subject: Raised Mid-Block Crosswalk Designs The City currently maintains three raised mid-block crosswalks at the following locations: • El Paseo (San Luis Rey Avenue and Larkspur Lane) • El Paseo (Larkspur Lane and San Pablo Avenue) • Larkspur Lane (El Paseo and Shadow Mountain Drive) In addition, the City will be installing two raised mid-block crosswalks at the following locations: • El Paseo (Sage Lane and Lupine Lane) • El Paseo (Ocotillo Lane and Sage Lane) Staff was directed to evaluate new crosswalk design options at these locations, with the selected design(s) to be incorporated into a larger street project planned for summer 2025. Together with Kimley Horn (consultant), the City has developed several design concepts for further consideration. Staff will provide a presentation on the design concepts, followed by discussing the proposed next steps in the design process. Attachment: 1. Raised Mid-Block Crosswalk Designs Presentation 555 Raised Mid-Block Crosswalk Designs Active Transportation Subcommittee October 2, 2024 556 Locations •Existing: •El Paseo (San Luis Rey Avenue & Larkspur Lane) •El Paseo (Larkspur Lane & San Pablo Avenue) •Larkspur Lane (El Paseo & Shadow Mountain Drive) •New: •El Paseo (Sage Lane & Lupine Lane) •El Paseo (Ocotillo Lane & Sage Lane) 557 Option 1 558 Option 2 559 Option 3 560 Option 4 561 Option 5 562 Option 6 563 564 Material Samples Pavers Asphalt with Decorative Pattern 565 566 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: RESOLUTION DECLARING INTENTION TO ESTABLISH THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES) AND SET A PUBLIC HEARING DATE FOR FEBRUARY 13, 2025 RECOMMENDATION: 1. Adopt a Resolution entitled, “A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT TO ESTABLISH THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES), TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TAKING OTHER ACTIONS RELATED THERETO.” 2. Direct staff to record the Boundary Map by January 24, 2025. 3. Set a Public Hearing for February 13, 2025, to consider formation of Community Facilities District No. 2025-1, and calling for a special election pursuant to the Mello-Roos Community Facilities District Act of 1982. BACKGROUND/ANALYSIS: The Mello-Roos Community Facilities Act of 1982, as amended (Gov. Code § 53311 et seq.) (the “Act”) establishes funding mechanisms for cities to form a community facilities district (“CFD”) in order to pay for the provision of certain services. The levy of the annual special taxes on properties within the CFD is used to pay for ongoing municipal services associated with new residential development. As permitted by the Act, CFD No. 2025-1 may provide one or more of the following eligible services:  Law enforcement services;  Maintenance of parks, parkways and open space;  Maintenance of streets and roadways;  Flood and storm protection services; and  Other eligible services permitted by the Act. In order to form the City of Palm Desert Community Facilities District No. 2025 -1 (Shadow Ridge Public Services) (“CFD No. 2025-1”), the City must take a series of actions including adopting the Resolution of Intention to establish CFD No. 2025-1, which Resolution of Intention authorizes the recordation of CFD No. 2025-1 Boundary Map, and sets February 13, 2025, for a public hearing to consider formation of CFD No. 2025-1, and calling for a special election pursuant to the Act. The owner(s) of certain property (the “Property”) have filed a petition (including waivers shortening the election noticing period) with the City Clerk’s Office to have the Property included 567 City of Palm Desert Shadow Ridge CFD Resolution of Intention Page 2 of 3 within the boundaries of the proposed CFD No. 2025 -1 for purposes of levying special taxes to finance the supplemental services associated with the new development. The Property will be subject to the special tax levy in accordance with the Rate and Method of Apportionment attached to the Resolution of Intention. Legal Review: This report was prepared by the City’s bond counsel, Nossaman, LLP. Project Description: On January 25, 2024, the City Council approved an amendment to Development Agreement 98 - 1 (the “DA”), allowing the sale of 18+ acres to Toll Brothers for the development of a 93-home subdivision within the Marriott Shadow Ridge Golf Club. As part of this amendment, Toll Brothers is required to form a CFD over the property to offset certain public safety and service costs as identified in the February 17, 2023, letter attached to this report. Toll Brothers has received all entitlement approvals for this development and is in the process of recording their final map. The formation of the CFD over this property satisfies the conditions of the amended DA. For facilities CFDs, it is often necessary to include different rates for different size homes. With facilities CFDs, the City is trying to max out the Effective Tax Rate (ETR) so that it does not exceed the maximum amount allowable, and also so t hat different types of units can expect similar tax rates as a percentage of home value. With services CFDs ; however, the City is not anywhere near the ETR limit, so the aim is to charge each home based on its benefit from the services rather than based on its estimated sales price. This is why services CFDs tend to have less complicated tax formulas. Next Steps for CFD Formation Subject to and subsequent to tonight’s actions, the City Council will be asked to consider the following legislative steps: At the February 13, 2025, Public Hearing, the Council will be asked to consider and take action on the following: 1) Adopt the Resolution of Formation. This resolution: (a) incorporates t he Brookfield Holdings (Shadow) LLC Property in the initial boundaries of CFD No. 2025-1; and (b) identifies the types of public services financed under CFD No. 2025-1. 2) Adopt the Resolution Calling for the Election for CFD No. 2025 -1. After adopting the above Resolution of Formation, the City Clerk will open the ballots and st ate the results of the special mailed-ballot election, in accordance with the Act and all applicable provisions of the Elections Code. The only voters in this election will be the property owner(s) of the subject Property. 3) Adopt the Resolution Declaring the Results of the Election for CFD No. 2025-1. 568 City of Palm Desert Shadow Ridge CFD Resolution of Intention Page 3 of 3 Next, the City Clerk will confirm the results of elections. If the results of the election affirm the formation of CFD No. 2025-1 and the Resolution Declaring the Results of the Election is adopted, the City Council would then: 4) Introduce Reading of Ordinance Levying Special Tax within CFD No. 2025 -1. This Ordinance authorizes the levy of a special tax on the Property on the secured property tax roll of Riverside County that is within the boundaries of CFD No. 2025-1. After the February 13, 2025 public hearing: - Second Reading of Ordinance Levying Special Tax within CFD No. 2025 -1. The Ordinance is published the day after the second reading and is effective thirty days after adoption. FINANCIAL IMPACT: There is no immediate fiscal impact as a result of these actions. The developers will cover the entire cost of forming CFD No. 2025-1, including staff time and consultant services. CFD No. 2025-1 will be fiscally self-sustaining. Ongoing administration fees will be paid by owners of properties included in CFD No. 2025-1 through the levy of annual special taxes. Properties within CFD No. 2025-1 are subject to the Annual Special Tax Requirement as described in the Rate and Method of Apportionment. ATTACHMENTS: 1. Resolution - Intention to Establish Community Facilities District 2025-1 a. Exhibits to the Resolution i. Exhibit A – Description of Services ii. Exhibit B – Rate and Method of Apportionment iii. Exhibit C – CFD Boundary Map 2. Petition / Unanimous Waiver Form 3. Letter dated February 17, 2023 569 570 63164324.v1 PETITION AND WAIVER To Create a Community Facilities District and Related Matters To: City Council City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 This Petition and Waiver is to create a Community Facilities District and related matters under the Mello-Roos Community Services Act of 1982, set forth in California Government Code Section 53311 et seq. (the "Act"). 1. Petitioner. This Petition and Waiver is submitted by the person/entity (whether one or more) identified below (the "Petitioner") as or for the owners of the parcel(s) of land identified in Exhibit B attached hereto and made a part hereof (the "Property"), which parcels of land are expected to be included within the boundaries of a Community Facilities District proposed to be established by the City of Palm Desert(the "City"). By submitting this Petition and Waiver, the persons signing below warrant to the City that they are authorized to execute it. The undersigned Petitioner warrants to the City that the Petitioner's ownership constitutes ownership of more than 10% of the Property. 2. Proceedings Requested. The Petitioner asks that the City Council, as the governing body of the City undertake proceedings under the Act to create a Community Facilities District to be designated "City of Palm Desert Community Facilities District 2025-1 (Maintenance and Services)" (the "CFD") and to levy special taxes in the CFD. 3. Purpose of CFD. The Petitioner asks that the CFD be created and the special taxes be levied to finance the costs of the Shadow Ridge Public Services identified on Exhibit A hereto (the "Services”). 4. Boundaries of CFD. The Petitioner asks that the territory to be included in the boundaries of the CFD consist of those shown on the map attached hereto as Exhibit C and made a part hereof. 5. Elections. The Petitioner asks that: (a) the special elections (the "Elections") to be held under the Act to: (i) authorize the levy of special tax and the issuance of the Bonds and (ii) to establish an appropriations limits of the CFD, (b) such special elections be consolidated into a single election and that the election be conducted by the City and its officials, using mailed or hand-delivered ballots and that (c) such ballots be opened and canvassed and the results certified 571 63164324.v1 at the same meeting of the City Council as the hearings on the CFD under the Act or as soon thereafter as possible. 6. Owner Representative. The Petitioner appoints _______________________ as the Petitioner's authorized representative for the purposes of receiving and executing ballots for the Elections. 7. Waivers and Consents. To expedite the completion of the proceedings for the CFD, the Petitioner expressly waives: (a) all notice requirements relating to hearings and the Elections, whether by posting, publishing or mailing, and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to the provisions of Section 4101 of the California Elections Code; (b) any requirement to have the Elections conducted within the time periods specified in Section 53326 of the Act or in the California Elections Code; (c) all applicable waiting periods for the Elections; (d) any requirements as to the form of the ballot for the Elections; (e) any requirement for the mailing of the ballot for the Elections in the event the ballots are distributed by personal service; (f) the requirement for analysis and arguments relating to the Elections, as set forth in Section 53327 of the Act (and hereby consents to not having such materials provided to the landowner in the ballot packet); (g) any requirement regarding identification envelopes for the return of ballots for the Elections contained in Government Code Section 53327.5; (h) all notice requirements relating to the special taxes as required by chapter 8.5 (consisting of Section 54930) of Part 1 of Division 2 of Title 5 of the Government Code; and (i) without limiting any of the foregoing, any and all claims based on any irregularity, error, mistake, or departure from the provisions of the Act or other laws of the State in connection with the proceedings for the creation of the CFD and the levy of special taxes in the CFD. 8. Notice to Future Purchaser(s). The Petitioner acknowledges and agrees that after the successful formation of the CFD, the Petitioner shall comply with Government Code Section 53341.5 regarding the Notice of Special Tax to the purchaser(s) of the Property, if applicable. Matthew Caldwell 572 9. Counterparts. This Petition and Waiver may be signed in counterparts and shall be effective as to any Petitioner who signs it, regardless of whether it is signed for or by all of the owners. By executing this Petition and Waiver, the Petitioner below agrees to all of the above. Each of the undersigned declares under penalty of perjury under the laws of the State of California that such person is properly authorized to execute this Petition and Waiver and to bind the Petitioner thereby and the statements contained herein are true and correct. This Petition and Waiver is dated as of _______________________, 2024. The name of the owner of record is: _______ a __ Limited Partnership By: ______________________ Name: Its: By: Name: Its: The address of the above owner for receiving notices and ballots is: NAME: ADDRESS: Accepted, Acknowledged and Agreed by Authorized Representative named in Section 6: Name (Signature): _______________________________ Print Name: Date: December 10th Authorized Signatory Matthew Caldwell Matthew Caldwell Brookfield Holdings (Shadow) LLC 14648 N. Scottsdale Road Suite 290 Scottsdale, AZ 85254 Matthew Caldwell 12/10/2024 Matthew Caldwell Digitally signed by Matthew Caldwell Date: 2024.12.10 11:27:47 -07'00' 573 63164324.v1 EXHIBIT A DESCRIPTION OF SERVICES The City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services) will finance, in whole or in part, those services authorized to be financed under the Mello-Roos Community Facilities Act of 1982, including but not limited to, police protection services, fire protection services, paramedic services, park maintenance, street maintenance, flood and storm protection services, and all related administrative costs and expenses. 574 63164324.v1 EXHIBIT B The Property is Riverside County Assessor's Parcel Numbers: 694-290-010 694-290-011 694-320-010 694-320-011 694-290-009 (portion) 694-320-008 (portion) Acres _____ acres 575 63164324.v1 EXHIBIT C BOUNDARY MAP (see attached) 576 63164214.v1 RESOLUTION NO. 2025-__ A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT TO ESTABLISH THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES),TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TAKING OTHER ACTIONS RELATED THERETO WHEREAS, the City Council (the “City Council”) of the City of Palm Desert (the “City”) has received a petition requesting the institution of proceedings for the formatio n of a community facilities district pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), fo r the purpose of financing certain public services described below, which are necessary to meet the increased demands placed upon the City as a result of the development of real property within the territory to be included in the community facilities distr ict; and WHEREAS, in accordance with Section 53312.7 of the Act, on October 13, 2005 pursuant to Resolution No, 05-68, the City Council of the City adopted the City’s Goal’s and Policies for Community Facilities Districts (“Policy”); and WHEREAS, the Policy provides for the financing of services authorized to be financed under the Act on a case by case basis; and WHEREAS, the City Council, having received a petition and waiver (“Petition”) from the owner(s) of not less than 10% of the area of land proposed to be included in a proposed community facilities district, now desires to proceed with the establishment of such community facilities district to finance the provision of certain public services pursuant to Section 53313 of the Act that are necessary to meet the increased demands for services placed upon the City as a result of development within the area, and to levy a special tax within the proposed community facilities district to finance such services, provided that the special tax levies are approved at an election to be held within the proposed community facilities district in accordance with the Act; and WHEREAS, the owner (the “Owner”) is the owner of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Council has determined that the Petition complies with the requirements of Sections 53318 and 53319 of the Government Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, DOES HEREBY RESOLVE AS FOLLOWS: 1. Recitals. The City Council finds and determines that all the foregoing recitals are true and correct and incorporated herein. 577 63164214.v1 2. Authority. The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act. 3. Name of CFD. The name proposed for the community facilities district is "City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), County of Riverside, State of California" (the “CFD”). 4. Boundaries Described. The proposed boundaries of the CFD, as described in Exhibit C attached hereto and incorporated herein by reference, are hereby preliminary approved. A copy of the map is also on file with the City Clerk. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office of the Riverside County Recorder within 15 days of the date of adoption of this Resolution. 5. Services. The type of services proposed to be financed by the CFD pursuant to the Act shall consist of those listed in Exhibit A attached hereto and incorporated herein by reference (the “Services”). The City Council hereby determines that the Services are necessary to meet increased demands for such services placed upon the City as the result of development occurring within the area of the CFD. The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof. 6. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the City Council shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method of Apportionment of Special Tax attached hereto as Exhibit B and incorporated herein by this reference (the “Rate and Method of Apportionment”). The City Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD. 7. Exempt Property. Except as may otherwise be provided by law or by the Rate and Method of Apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California, the County and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, the City Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the annual expenses of the 578 63164214.v1 CFD, if any, subject to the provisions of the Rate and Method of Apportionment of the Special Tax and the Act. 8. Election and Unanimous Approval. The levy of the Special Tax in the CFD shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot among the landowners in the proposed CFD, with each landowner having one vote for each acre or portion of an acre such owner owns in the CFD. 9. CFD Report. The City Manager (or deputy or designee thereof) is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing (the “CFD Report”), which shall be a part of the record of the public hearing hereinafter specified and which report shall present the following: (a) A description of the Services that will be required to adequately meet the needs of the CFD. (b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs. 10. Public Hearing. February 13, 2025, at 3:00 p.m. (which date is at least 30 days and not more than 60 days after the date of this Resolution), or as soon thereafter as possible in the City Council Chambers located at City Hall, 73 -510 Fred Waring Drive, Palm Desert, California 92260, shall be the time and place when and where the City Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the levy of the Special Tax. 11. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the proposed CFD. The publication shall be completed at least seven (7) days before the date of the public hearing specified above. The City Clerk may also cause notice of the hearing to be given to each property owner within the CFD by first class mail, postage prepaid, to each such owner’s address as it appears on the most recent tax records of the County or as otherwise known to the City Clerk to be correct. Such mailing shall be completed not less than 15 days before the date of the public hearing. The notice of the public hearing shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved. At the above-mentioned time and place for public hearing any persons interested, including taxpayers, persons registered to vote within the CFD, and property owners, may appear and be heard. The testimony of all interested persons for or against the 579 63164214.v1 establishment of the CFD, the extent of the CFD, or the furnishing of the services will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. If a written majority protest against the establishment of the CFD is filed (as determined in accordance with Section 53324 of the Act), the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the Special Tax, those services or that tax shall be eliminated by the City Council. 12. Work-in-Kind. The City may accept advances of funds or work-in-kind from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred in creating the CFD. The CFD may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of the CFD. 13. Further Action. The Mayor, City Manager, Finance Director, Community Development Director, City Attorney, City Clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. 14. Effective Date. This resolution shall take effect upon its adoption. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 9th day of January, 2025, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: 580 63164214.v1 ANTHONY MEJIA, MMC CITY CLERK 581 63164214.v1 EXHIBIT A CITY OF PALM DESERT Community Facilities District No. 2025-1 (Shadow Ridge Public Services) DESCRIPTION OF SERVICES The services to be funded, in whole or in part, by the community facilities district (the "CFD" or “District”) include, but are not limited to: (i) police protection and related services of the City of Palm Desert required to sustain the public safety service delivery capability for emergency and non-emergency services including related facilities, equipment, vehicles, services, supplies and personnel; (ii) Fire protection and suppression services, and ambulance and paramedic services; (iii) maintenance and lighting of parks, parkways, streets, roads and open space; (iv) flood and storm protection services; and (v) other public services authorized to be funded under Section 53313 of the California Government Code. The District may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for r epairs and replacements and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created. Administrative Expenses: The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City's gen eral administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District. Other: The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District. 582 63164214.v1 EXHIBIT B CITY OF PALM DESERT Community Facilities District No. 2025-1 (Shadow Ridge Public Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX For the City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), County of Riverside, State of California The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), (“CFD 2025-1”), other than Assessor’s Parcels classified as Exempt Property as defined herein and collected each Fiscal Year commencing in Fiscal Year 2025-26, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD 2025-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2025-1: (i) the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures; (ii) the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2025-1; (iii) fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2025-1; and (iv) any and all other costs incurred in connection with the administration of CFD 2025-1. “Annual Escalation Factor” means two percent (2%). “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number. “Base Year” means the first year that any Assessor’s Parcel of Taxable Property is classified as Developed Property. “Building Permit” means a permit issued for new construction of a Residential Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or 583 63164214.v1 installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation. “Certificate of Occupancy” means a document issued by the City certifying that a newly constructed Residential Unit complies with all applicable codes and ordinances and that it is suitable and safe for occupancy. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2025-1. “CFD 2025-1” means City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), County of Riverside, State of California established by the City Council under the Act. “City” means the City of Palm Desert. “City Council” means the Council of the City of Palm Desert, acting as the legislative body of CFD 2025-1. “County” means the County of Riverside. “Developed Property” means an Assessor’s Parcel of Taxable Residential Property for which a Certificate of Occupancy was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD 2025-1 that are exempt from the Special Tax pursuant to the Act or Section F herein. “Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2025-1 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1. “Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof. “Public Services” means those authorized services that may be funded by CFD 2025-1 pursuant to the Act, as amended including but not limited to police protection services, fire protection services, paramedic services, park maintenance, street maintenance and flood control. 584 63164214.v1 “Residential Property” means Assessor’s Parcels of Developed Property within CFD 2025-1 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes. “Special Tax” means the special tax authorized to be levied within CFD 2025-1 pursuant to the Act, to fund the Special Tax Requirement. “Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Public Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Public Services, (iv) pay incidental expenses related to the Public Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year. “Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F. “Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property. B. CLASSIFICATION OF ASSESSOR’S PARCELS Each Fiscal Year, beginning with Fiscal Year 2025-26, using the definitions above, each Assessor’s Parcel within CFD 2025-1 shall be classified by the CFD Administrator as Taxable Property or Exempt Property. In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property and subject to the levy of the Special Tax pursuant to Section C below. C. SPECIAL TAX RATES 1. Developed Property Each Fiscal Year commencing in Fiscal Year 2025-26, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax. The initial Maximum Special Tax for each Assessor’s Parcel of Developed Property in its Base Year shall be $2,200. For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor. 585 63164214.v1 2. Undeveloped Property Each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax. 3. Exempt Property No Special Tax shall be levied on Exempt Property as defined in Section F. For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C. D. METHOD OF APPORTIONMENT OF SPECIAL T AX Commencing in Fiscal Year 2025-26 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2025-1 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2025-1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement. Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel. E. PREPAYMENT OF SPECIAL TAX The Special Tax for an Assessor’s Parcel of Undeveloped Property that has been issued a Building Permit or for an Assessor’s Parcel of Developed Property may be prepaid. The prepayment amount shall be the lesser of (i) $66,000 or (ii) the Maximum Special Tax that will be in effect the following Fiscal Year times the number of Fiscal Years remaining in the 30 -year period defined in Section I below. F. EXEMPTIONS The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, and (iv) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors. G. APPEALS Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD 586 63164214.v1 Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax. H. MANNER OF COLLEC TION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2025- 1. I. DURATION OF TAX For each Residential Unit, the Special Tax shall be levied for a cumulative 30-year period to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council. J. INTERPRETATION The City may interpret, clarify, and revise this Rate and Method to correct any inconsistency, vagueness, or ambiguity, by resolution and/or ordinance, that does not create a material adverse effect on the levy and collection of the Special Tax. 587 63164214.v1 EXHIBIT C CITY OF PALM DESERT Community Facilities District No. 2025-1 (Shadow Ridge Public Services) PROPOSED BOUNDARY MAP 588 589 590 591 592 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND SECTIONS OF TITLE 25 OF THE PALM DESERT MUNICIPAL CODE AND FINDING THE ACTION EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.60.080, 25.60.160, AND 25.78.020(C) OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).” EXECUTIVE SUMMARY: The proposed ordinance is a City-initiated zoning ordinance amendment intended to expand public notice and community engagement requirements for development projects. These changes include modifications to the following three sections of the Palm Desert Municipal Code (PDMC): 1. PDMC Section 25.60.060 Public Hearing and Public Notice. Proposed modifications include: A. Increased Notification Radius to 500 feet - Increase minimum notification radius requirements for public notice for development projects from 300’ to 500’ for projects less than 5 acres. Existing notification radii of 1,000’ and 4,000’ for developments of 5-acres or greater, and hillside development applications, respectively, will be preserved. B. Homeowner’s Association Notification - Requires mailed notices be provided to all homeowner’s associations within a project notification radius, in addition to property owners. C. On-site Notice Posting - Requires sign postings for public hearings on project sites for all development applications. D. Design Review Notice - Requires public notice for Design Review cases by the Architectural Review Commission, which are associated with an application requiring final approval by the Planning Commission and/or City Council. 2. PDMC Section 25.60.160 Community Engagement. The proposed modifications will expand the current requirements for community engagement plan to ensure discretionary projects address concerns and issues raised by interested residents. The proposed ordinance will now require one additional community engagement meeting early in the process for development applications with a recommendation that the first meeting be held not more than thirty (30) days prior to, and not later than twenty (20) days after, the date when the project application is submitted to the City. The second community meeting shall 593 City of Palm Desert ZOA24-0004 Page 2 of 3 take place within twenty (20) days after the date when the project is deemed or determined to be complete. The proposed modifications also outline requirements for the community engagement plan in more detail by establishing minimum standards for community meeting invitations. Additionally, developers will be required to submit community engagement reports which detail how projects have addressed concerns and issues raised by the community. 3. PDMC Section 25.78.020(C) Procedure for Hillside Development Plan application. – The proposed ordinance will expand notification requirements for Hillside Development Plans to include all Homeowner’s Associations in the City located south of Highway 111. PLANNING COMMISSION RECOMMENDATION: On December 17, 2024, the Planning Commission adopted Resolution No. 2887 recommending approval of the proposed zoning ordinance amendment. The Planning Commission recommended minor changes to the ordinance including the fo llowing:  Requiring removal of the on-site sign posting after the conclusion of a project appeal period. This change has been made to Section 1, Subsection G.6.  Providing larger timeframes for applicants to conduct the first and second community engagement meetings. These changes have been made to to sections. The first is Section 2 subsection B.4.i, which requires the first meeting to occur between 30 days prior to the application submittal or 20 days after the application submittal. The second is Section 2 subsection B.4. ii, which requires the second meeting to occur within 30 days of the application being deemed complete. BACKGROUND/ANALYSIS: At the City Council meeting on October 10, 2024, then Mayor Pro Tem Harnik, seconded by Councilmember Nestande, requested City staff research options to increase the minimum public notification requirements for development projects. On November 14, 2024, City staff presented a study session item to the City Council outlining a five recommended policy updates including: 1. Increasing Notification Radius to 500 feet - Increase minimum notification radius requirements for public notice for development projects from 300’ to 500’ for projects less than 5 acres. Existing notification radii of 1,000’ and 4,000’ for developments of 5 -acres or greater, and hillside development applications, respectively, will be preserved. 2. Homeowner’s Association (HOA) Notification - Require mailed notices be provided to all homeowner’s associations within a project notification radius, in addition to property owners. 3. Pre-Application Neighborhood Meeting - Requires a mandatory neighborhood meeting prior to the submittal of an application for certain development entitlements including projects greater than 5-acres. This meeting will occur between a project applicant and surrounding neighbors. The applicant shall present an overview of the project to surrounding interested property owners and receive comments and feedback. The applicant will be required to provide a list of all input provided by neighbors, and how and why it was or was not incorporated into the application for project design. 594 City of Palm Desert ZOA24-0004 Page 3 of 3 4. On-site Notice Posting - Requires sign postings for public hearings on project sites for all development applications. 5. Design Review Notice - Requires public notice for Design Review cases by the Architectural Review Commission proceeding to Planning Commission and/or City Council. City Council provided input that the recommended policy changes should be implemented and directed staff to proceed with a Zoning Ordinance Amendment. Council Member Kelly, with consensus among all Council Members, suggested requiring the Hillside Development Plan notification to HOAs include all associations located south of Highway 111. Public Input: Public Notification Public noticing was conducted for the January 9, 2025, City Council meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days before the hearing date on Friday, December 27, 2024, in The Desert Sun newspaper. Copies of the proposed ordinance have been provided to the Desert Vall ey Builders Association for their input and comment. Environmental Assessment/Environment Review: Staff recommends that the Planning Commission of the City of Palm Desert finds that the adoption of the ordinance amendments have been analyzed for complian ce with the California Environmental Quality Act (CEQA) pursuant to CEQA (Pub. Resources Code, § 21000 et seq.) (CEQA) and the state CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). It has been determined that the amendments do not meet the def inition of a project because the amendments do not have the potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. The proposed amendments are consistent with the General Plan’s goals of ensuring the quality of life for the community. Because the ordinance amendments are not a project under CEQA, they are not subject to further environmental review. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: 1. Draft City Council Ordinance a. Exhibit A – Draft Ordinance 2. Draft Ordinance Strikethrough 3. Public Hearing Notice 595 596 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.60.080, 25.60.160, AND 25.78.020(C) OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). CASE NOS. ZOA 24-0004 WHEREAS, the City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and regulations; and WHEREAS, the Zoning Ordinance Amendment (ZOA) is initiated by the Palm Desert Director of Community Development and modifies sections of the Palm Desert Municipal Code (PDMC) Title 25 (Zoning) to amend and expand requirements for public notice for public hearings and community engagement ; and WHEREAS, the City has complied with the requirements of the Local Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with respect to approval of amendments to Title 25 of the Palm Desert Municipal Code (“Zoning Ordinance”); and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2024-035, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, on December 17, 2024, the Planning Commission of the City of Palm Desert, California held a duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission adopted Planning Commission 597 ORDINANCE NO. ______ 2 Resolution No. 2887 to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on January 9, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows: SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. CEQA. The City Council finds that the adoption of this ordinance is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures. SECTION 3. Amendment. The City Council of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Palm Desert Municipal Code amendments to Title 25 as shown in “Exhibit A”, which is attached hereto and incorporated herewith. SECTION 4. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law. SECTION 6. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 73 -510 Fred Waring Drive, Palm Desert, CA. SECTION 7. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. 598 ORDINANCE NO. ______ 3 ADOPTED ON _____________________, 2025. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2025, and adopted at a regular meeting of the City Council held on __________, 2025, 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 _____________, 2025. ANTHONY J. MEJIA CITY CLERK 599 ORDINANCE NO. ______ 4 “EXHIBIT A” ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.060 is hereby amended as follows: 25.60.060. Public Hearing and Public Notice. A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of real property, inclusive of any association governing a common interest development (as defined in Part 5 of Division 4 of the California Civil Code), within a radius of five hundred (500) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners, or the name of any association of a common interest development, as applicable, as shown upon the current tax assessor's records of Riverside County or the Official Records of Riverside County. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice in one newspaper of general circulation within the City. a. Public notification for projects 5 acres or more shall be 1,000 feet for public notifications related to development projects and to ensure adequate Community Engagement efforts are achieved pursuant to requirements in Section 25.60.160. 600 ORDINANCE NO. ______ 5 b. Public notification for Hillside Development Plans shall comply with Section 25.78.020(C) of this Title. c. Hearings before the Architectural Review Commission for Design Review associated with an application requiring approval by the Planning Commission and/or City Council will be noticed in accordance with the requirements of this section. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, road s, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within five hundred (500) feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered relevant to the decision. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings, and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such 601 ORDINANCE NO. ______ 6 notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this titl e shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re- noticed. G. On-Site Public Notice Signs 1. Applicability. All projects requiring a public hearing before the Planning Commission and/or City Council shall be required to post one or more public notice signs on the property, which is the subject of the proposed development, in accordance with the requirements of this subsection. 2. Public Notice Sign Requirements. a. The applicant shall post informational signs on the property that is the subject of the proposed development. The signs shall be unilluminated, four feet by four feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information can be obtained. b. The sign shall be placed in an area of the property most visible to the public, not more than five feet from the front property line in residential areas, and not more than three feet from the front property line in commercial and industrial areas. Placement of the sign shall not be permitted to cause traffic sight obstructions. c. For properties less than five acres in size, one sign per street frontage shall be posted on site. d. For properties greater than five acres in size, one sign per five hundred feet of street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the planning director may determine the location for sign posting or require additional notice of the proposed project. e. For projects that may change or intensify the existing use or zoning, the planning director may require supplemental or larger 602 ORDINANCE NO. ______ 7 signs or both. 3. Sign Posting Acknowledgement. A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant, which shall contain photographic evidence of the installed signs, shall be submitted to the Development Services Department no later than ten calendar days prior to the scheduled public hearing. This document shall be mailed or dropped off or emailed to the assigned Project Planner. 4. Timing of Sign Installation. a. Signs shall be installed no later than ten (10) days prior to the scheduled date of the public hearing. b. Posted signs must remain visible on the property until the last decision-making action specified by the Development Services Department. 5. Maintenance. a. The applicant and owner shall be responsible for maintaining the noticeboard such that it is readable during the period it is required to be in place. If the sign or structure is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the sign in accordance with the standards of this subsection. The applicant shall pay the replacement cost of such board. 6. Removal a. The applicant shall remove the sign(s) from the project site no later than 10 calendar days following the end of the appeal period for the project. (Ord. 1259 § 1, 2013; Ord. 1279 § 10, 2015; Ord. 1303 § 6, 2016; Ord. 1375 § 2, 2022) SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.160 is hereby amended as follows: 25.60.160. Community Engagement. A. Intent and purpose. It is the intent of this chapter that each project applicant prepare and submit to the City a "Community Engagement Plan" to implement requirements for public notice, community engagement, and public out reach. The intent is to present project information and engage in public outreach meetings early in the development review process of new projects and address concerns of the public prior to an action of the approving body. The Community 603 ORDINANCE NO. ______ 8 Engagement Plan shall provide residents within the required notification radius with an opportunity to actively participate in the city’s development review procedures for discretionary projects to help shape the direction of the City’s development. B. Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021 -50)." Requirements related to community engagement for new projects are as follows: 1. Developers must prepare and submit a Community Engagement Plan to the Development Services Department at the same time a development application is submitted for any project that is located on a project site of five (5) acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Precise Plan, Tentative Map, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof. The Director of Development Services may require a Community Engagem ent Plan for any project when due to extraordinary or exceptional factors. 2. Comply with the public notification requirements of Section 25.60.060 of this Title. 3. The Community Engagement Plan must contain the following: i. Developer's method(s) of communication with the public. Proposed location(s) of public outreach shall be provided; ii. Samples of the written publications distributed to the public that include any informational items of the project. Written publications and invitations should comply with the following: a) The written publication should include the date, time, and location of the scheduled community meeting. b) The invitation to community meetings should include as much information about the project and request in the application as possible to inform attendees of what is being proposed. c) Community meetings should be located in the City of Palm Desert and as close to the subject property as is practical to minimize the distance that attendees need to travel to participate. d) Community meetings should be scheduled to avoid, to the extent feasible, any conflict with other publicly scheduled 604 ORDINANCE NO. ______ 9 meetings. e) Community meetings should be scheduled during non- business hours and at reasonable times to allow attendees who work during the day an opportunity to attend. f) Applicants may also, in addition to the in-person meeting, provide an option for participating by teleconference. 4. For any application that requires a Community Engagement Plan, the applicant shall host a minimum of two community meetings to provide information and receive feedback about the project. Follow-up meetings may be required by the Director of Development Services. i. The first community meeting shall occur not more than thirty (30) days prior to, and not later than twenty (20) days after, the date when the project application is submitted to the City. To the extent practical, the first community meeting should occur prior to application submittal to the City. ii. The second community meeting shall occur within thirty (30) days after the date when the project is deemed or determined to be complete. iii. There shall be at least one (1) day between the required community meetings in sub-paragraphs (a) and (b), above. iv. The Director of Development Services may approve alternative scheduling of the required community meetings as reasonably necessary. v. The applicant is solely and exclusively responsible for holding the community meetings in accordance with this section. The community meetings shall not be considered a public hearing or meeting on the project. 5. The applicant shall prepare a Community Engagement Report summarizing the outcome of the community meetings required by this section, and submit the Community Engagement Report to the City prior to the first public hearing or other public meeting for the project held by the City. The Community Engagement Report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing. The Community Engagement Report shall include the following: i. Dates, times, and locations of all meetings that attendees were invited to attend to discuss the project and the subject request. ii. The names and affiliation of those that attended that represent the applicant. 605 ORDINANCE NO. ______ 10 iii. The names and department of staff that attended the meeting. iv. A sign-in sheet listing the names of the attendees that participated in the process. v. The applicant shall provide any written comments and/or a written summary of any significant issues or concerns raised by attendees during the community engagement meetings. 6. The applicant shall coordinate with staff for the notification of community meetings with property owners, including any association for a common interest development, within 1,000 feet of the proposed project. 7. City Staff is to be present at the meeting to observe, collect information, and provide answers, as needed, related to the General Plan, and applicable codes and ordinances of the City. i. The applicant shall coordinate the scheduling of all community meetings required under this section with the City's project planner and include City staff in all notices of meetings. 8. The entitlements will include a condition of approval on residential and/or owner- occupied projects, that the applicant will disclose, as part of any closing documents, the City's General Plan and Housing Element sites adjacent to the project. SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.72.020(C) is hereby amended as follows: 25.78.020(C) Procedure for Hillside Development Plan application 1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Department. 2. Notice. All development of parcels within the Hillside Planned Residential Zoning District that do not meet the exception's requirement as described in Section 25.10.050 shall require notice of a public hearing not less than 10 days or more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the city and mailing notices via United States Postal Service to parties whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing, and by notification to all homeowners associations within the city south of Highway 111. 3. The Commission shall hold a public hearing and make a recommendation to Council to approve the development plan if it finds the criteria set forth in this 606 ORDINANCE NO. ______ 11 chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission to deny the development plan shall be final unless appealed to the Council. 607 608 Page 1 of 7 “EXHIBIT A” ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.060 is hereby amended as follows: 25.60.060. Public Hearing and Public Notice. A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of real property, inclusive of any association governing a common interest development (as defined in Part 5 of Division 4 of the California Civil Code), within a radius of 300 five hundred (500) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners, or the name of any association of a commo n interest development, as applicable, as shown upon the current tax assessor's records of Riverside County or the Official Records of Riverside County . The radius may be increased as determined to be necessary and desirable by the Director based on the na ture of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice in one newspaper of general circulation within the City. a. Public notification for projects 5 acres or more shall be 1,000 feet for public notifications related to development projects and to ensure adequate Community Engagement efforts are achieved pursuant to requirements in Section 25.60.160. b. Public notification for Hillside Development Plans shall comply with Section 25.78.020(C) of this Title. 609 Page 2 of 7 c. Hearings before the Architectural Review Commission for Design Review associated with an application requiring approval by the Planning Commission and/or City Council will be noticed in accordance with the requirements of thi s section. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 five hundred (500) feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered relevant to the decision. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute 610 Page 3 of 7 grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be p repared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re- noticed. G. On -Site Public Notice Signs 1. Applicability. All projects requiring a public hearing before the Planning Commission and/or City Council shall be required to post one or more public notice signs on the property, which is the subject of the proposed development, in accordance with the requirements of this subsectio n. 2. Public Notice Sign Requirements. a. The applicant shall post informational signs on the property that is the subject of the proposed development. The signs shall be unilluminated, four feet by four feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information can be obtained. b. The sign shall be placed in an area of the property most visible to the public, not more than five feet from the front prop erty line in residential areas, and not more than three feet from the front property line in commercial and industrial areas. Placement of the sign shall not be permitted to cause traffic sight obstructions. c. For properties less than five acres in size, one sign per street frontage shall be posted on site. d. For properties greater than five acres in size, one sign per five hundred feet of street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the planning director may determine the location for sign posting or require additional notice of the proposed project. e. For projects that may change or intensify the existing use or zoning, the planning director may req uire supplemental or larger signs or both. 3. Sign Posting Acknowledgement. A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant, which shall contain photographic evidence of the installed signs, shall be submitted to the 611 Page 4 of 7 Development Services Department no later than ten calendar days prior to the scheduled public hearing. This document shall be mailed or dropped off or emailed to the assigned Project Planner. 4. Timing of Sign Installation. a. Signs shall be installed no later than ten (10) days prior to the scheduled date of the public hearing. b. Posted signs must remain visible on the property until the last decision-making action specified by the Development Services Department. 5. Maintenance. a. The applicant and owner shall be responsible for maintaining the noticeboard such that it is readable during the period it is required to be in place. If the sign or structure is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the sign in accordance with the standards of this subsection. The applicant shall pay the replacement cost of such board. 6. Removal a. The applicant shall remove the sign(s) from the project site no later than 10 calendar days following the end of the appeal period for the project. (Ord. 1259 § 1, 2013; Ord. 1279 § 10, 2015; Ord. 1303 § 6, 2016; Ord. 1375 § 2, 2022) SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.160 is hereby amended as follows: 25.60.160. Community Engagement. A. Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted to comply with the Community Engagement Plan's intended purpose of requiring developers that each project applicant prepare and submit to the City a "Community Engagement Plan" to implement requirements for public notice, community engagement, and public outreach. The intent is to present project information and engage in public outreach meeting early in the entitlement development review process of new projects and address concerns of the public prior to an action of the approving body. The Community Engagement Plan shall provide residents within the required notification radius with an opportunity to actively participate in the city’s development review procedures for discretionary projects to help shape the direction of the City’s development. 612 Page 5 of 7 B. Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021 -50)." Requirements related to community engagement for new projects are as follows: 1. Developers to must prepare and submit a Community Engagement Plan to the Planning/Land Development Division Development Services Department at the same time a of entitlement development application is submitted for any project that is five (5) acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Precise Plan, Tentative Map, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof. The Director of Development Services may require a Community Engagement Plan for any project when due to extraordinary or exceptional factors. 2. Meet Comply with the public notification requirements of Section 25.60.060 of this Title. 3. The Community Engagement Plan must contain the following: i. Developer's method(s) of communication with the public. Proposed location(s) of public outreach shall be provided; ii. Submitted Samples of the written publications distributed to the public that includes any informational items of the project. Written publications and invitations should comply with the following: a) The written publication should include the date, time, and location of the scheduled community meeting. b) The invitation to community meetings should include as much information about the project and request in the application as possible to inform attendees of what is being proposed. c) Community meetings should be located in the City of Palm Desert and as close to the subject property as is practical to minimize the distance that attendees need to travel to participate. d) Community meetings should be scheduled to avoid, to the extent feasible, any conflict with other publicly scheduled meetings. e) Community meetings should be scheduled during non - business hours and at reasonable times to allow attende es who work during the day an opportunity to attend. 613 Page 6 of 7 f) Applicants may also, in addition to the in-person meeting, provide an option for participating by teleconference. 4. For any application that requires a Community Engagement Plan, the applicant shall host Aa minimum of one two community meetings with the public to provide information and receive feedback about the project. Follow- up meetings may be required by the Director of Development Services. i. The first community meeting shall occur not more than thirty (30) days prior to, and not later than twenty (20) days after, the date when the project application is submitted to the City. To the extent practical, the first community meeting should occur prior to application submittal to the City. ii. The second community meeting shall occur within thirty (30) days after the date when the project is deemed or determined to be complete. iii. There shall be at least one (1) day between the required community meetings in sub-paragraphs (a) and (b), above. iv. The Director of Development Services may approve alternative scheduling of the required community meetings as reasonably necessary. v. The applicant is solely and exclusively responsible for holding the community meetings in accordance with this section. The community meetings shall not be considered a public hearing or meeting on the project. 5. The applicant shall prepare a Community Engagement Report summarizing the outcome of the community meetings required by this section, and submit the Community Engagement Report to the City prior to the first public hearing or other public meeting for the project held by the City. The Community Engagement Report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing. The Community Engagement Report shall include the following: i. Dates, times, and locations of all meetings that attendees were invited to attend to discuss the project and the subject request. ii. The names and affiliation o f those that attended that represent the applicant. iii. The names and department of staff that attended the meeting. iv. A sign-in sheet listing the names of the attendees that participated in the process. v. The applicant shall provide any written comments and/or a written summary of any significant issues or concerns raised by attendees 614 Page 7 of 7 during the community engagement meetings. 6. The developer to applicant shall coordinate with staff for the notification of community meetings with property owners, including any association for a common interest development, within 1,000 feet of the proposed project. 7. City Staff is to be present at the meeting to observe, collect information, and provide answers, as needed, related to the General Plan, and applicable codes and ordinances of the City. i. The applicant shall coordinate the scheduling of all community meetings required under this section with the City's project planner and include City staff in all notices of meetings. 8. The entitlements will include a condition of approval on residential and/or owner- occupied projects, that the developer applicant will disclose, as part of any closing documents, the City's General Plan and Housing Element s sites adjacent to the project. SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.72.020(C) is hereby amended as follows: 25.78.020(C) Procedure for Hillside Development Plan application 1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Department. 2. Notice. All development of parcels within the Hillside Planned Residential Zoning District that do not meet the exception's requirement as described in Section 25.10.050 shall require notice of a public hearing not less than 10 days or more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the city and mailing notices via United States Postal Service to parties whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing, and by notification to all homeowners associations within the city south of Haystack Road Highway 111. 3. The Commission shall hold a public hearing and make a recommendation to Council to approve the development plan if it finds the criteria set forth in thi s chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission to deny the development plan shall be final unless appealed to the Council. 615 616 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. ZOA24-0004 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER FIRST READING AND INTRODUCTION OF A ZONING ORDINANCE AMENDMENT TO MODIFY SECTIONS OF PALM DESERT MUNICIPAL CODE TITLE 25 PERTAINING TO PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS AND FINDING THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to CEQA Guidelines Section §15061(b)(3). PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The project is a Zoning Ordinance Amendment to amend Sections of Chapter 25.60, and other applicable Sections of Title 25 of the Palm Desert Municipal Code to expand requirements for public hearings and public notice within the City of Palm Desert. Expanded requirements will include, but not limited to an increase of the radius of mailed public notices from 300 feet to 500 feet for projects less than five-acres, a requirement that public notices be posted on project sites, a requirement that notice be mailed to homeowner’s associations within the notification radius, a requirement that hillside development plans notify all homeowner’s associations located within the City south of Highway 111, and requirement for pre-application community meetings prior to formal application submittals for certain projects. PLANNING COMMISSION RECOMMENDATION: The Planning Commission for the City of Palm Desert adopted Resolution No. 2887 recommending approval of the ZOA on December 17, 2024. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold the Public Hearing on Thursday, January 9, 2025. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-and-city- council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed Zoning Ordinance Amendment is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@palmdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354 PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK DECEMBER 20, 2024 CITY OF PALM DESERT, CALIFORNIA 617 618 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 9, 2025 PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst Veronica Chavez, Director of Finance SUBJECT: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR PROGRAM YEAR 2025-26 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN RECOMMENDATION: 1. Conduct a public hearing and accept public comment related to the Community Development Block Grant (“CDBG”) Program proposed, Annual Action Plan (Program Year (PY) 2025-26). 2. Approve Outside Agency Funding Committee (“Committee”) recommendations for PY 2025-26 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed. 3. Approve the use of the PY 2025-26 CDBG funding allocation awarded to the City of Palm Desert (“City”) by the U.S. Department of Housing and Urban Development (“HUD”) for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee. 4. Approve the City’s PY 2025-26 CDBG Annual Action Plan (“Annual Plan”) and authorize staff to submit to the County of Riverside. 5. Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: The City of Palm Desert receives an annual entitlement in Community Development Block Grant (CDBG) Program funds from the U.S. Department of Housing and Urban Development (HUD). The City has historically allocated its CDBG funds to nonprofit organizations that provide services to low and moderate-income households. In Fiscal Year (FY) 2025-26, the City expects to receive $365,000 in CDBG funds. If there is a variance in the final award, allocations will be adjusted proportionately. The final award amount will be included in the FY 2025-26 Proposed Annual Budget. Of the awarded amount, federal requirements stipulate that funding for public services cannot exceed 15% ($54,750) and funding for program administration is limited to 20% ($73,000). There are no funding restrictions for public facilities and improvements. To achieve significant cost savings in program management, the City Council approved the Joint Recipient Cooperative Agreement with the County of Riverside on June 8, 2023. This agreement designates the City as a Metro City participant, transferring responsibility for the general administration of grant funds and the submission of all required reports to HUD to the County. 619 City of Palm Desert Approve PY2025-26 CDBG Award Recommendations and Action Plan Page 2 of 3 The County has informed its participants that applications for Program Year (PY) 2025-26 must be submitted to the County Board of Supervisors for approval in January. To meet this deadline, City staff initiated the application process on October 1, 2024, substantially earlier than in previous years, to facilitate a timely submission. Information regarding the availability of CDBG Funding, as well as the application, was made available on the City's Procurement Portal, OpenGov, at the beginning of September 2024. Staff also conducted extensive outreach through all City social media ave nues including Facebook, Instagram and the local newspaper Desert Sun. Staff also emailed and called all prior recipients and interested parties to ensure they were notified about the accelerated application for funding deadline. As part of the application review process, selection teams were established for each funding program. The teams reviewed and scored all applicants in OpenGov based on the program guidelines and proposed funding request. Funding recommendations made by the Committee are provided below and will be incorporated into the Annual Action Plan and a summary of grant applications, which includes an overview of applications. Agency Activity Description Funding Recommendation Desert Recreation District Recreational Program Scholarships $8,000 Fair Housing Council of Riverside County Fair Housing Program $30,000 Operation Safehouse Youth Homeless Transitional Living Program $16,750 Desert Arc Job/Educational Center’s Restroom upgrades $0 The Joslyn Center Senior Center’s ADA Modifications $100,000 Palm Desert Housing Authority Playground Replacement $117,750 The Ranch Recovery Centers, Inc Substance Use Treatment Facility Improvements $19,500 City of Palm Desert CDBG Program Administration $73,000 GRAND TOTAL $365,000 As a condition for receiving CDBG funds, grant recipients must be consistent with the adopted Consolidated Plan (ConPlan) and must conduct a Conduct a Public Hearing to allow input from the public. City staff published a 30-Day Notice of Public Hearing in the Desert Sun on December 06, 2024, and a 10-Day Notice of Public Hearing December 30, 2024, in English and Spanish. 620 City of Palm Desert Approve PY2025-26 CDBG Award Recommendations and Action Plan Page 3 of 3 If approved by the Council, City staff will forward the submission to the County for inclusion in their Annual Action Plan, which will then be submitted to HUD. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Staff anticipates an award of $365,000 in CDBG Funds and will be included in the FY 2025-26 Proposed Budget in the appropriate Fund 220 CDBG Accounts. Up to 20% of the award may be allocated to administrative costs to manage the CDBG Program. This will be the first award year that the County administers the program on behalf of the City therefore the allocation will be shared at 70/30 split to support County and City administrative costs, respectively. Remaining funds will be allocated to the various program awardees. There is no impact to the General Fund with this action. ATTACHMENTS: 1. Draft-CDBG Funding Recommendations and Action Plan 2. CDBG PY2025-26 Annual Action Plan Presentation 3. Outside Agency Committee Meeting Minutes 621 622 Annual Action Plan 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachment A CDBG Recommendations – Budget 623 Annual Action Plan 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Category Project Name Program/Project Description Requested Amount OA Committee Approved PY25-26 Council Approved Review Team Analysis 1 Desert Recreation District Public Services Recreational Program Scholarships Provides scholarships for 20 Palm Desert residents to attend a 9-week summer camp that includes daily activities like field trips, arts, sports, and music. Operated by Desert Recreation Foundation. 25,200 8,000 Program supports youth centers at $140 per scholarship for PD residents. FY24-25 Award 5K. This project supports the programs national objective by providing services to low and moderate income clientele 2 Fair Housing Council of Riverside County Public Services Fair Housing Program Offers housing counseling services promoting housing rights under Federal and California State laws. Focused on education, training, technical assistance, and enforcement to support anti-discrimination efforts and tenant/landlord counseling. Anticipate to benefit 500 Palm Desert residents 46,000 30,000 Program is federally mandated FY23-24 Award $22K and 31K in FY24-25 This project supports fair housing initiatives, goal 4, page 86 of the ConPlan. 3 Operation Safehouse Public Services Youth Homeless Transitional Living Program Supports staffing for Harrison House, a transitional living home for homeless young adults aged 18-24, aiming to help them achieve independence. Serves 10 young people. Clients are non-Palm Desert residents as they are unhoused individuals. 18,000 16,750 Program supports low/mod clientele which supports national objective and ConPlan. This project supports vital Community and Homeless Services, goal 5, page 86 of the ConPlan. 4 Desert Arc Public Facilities & Improvements Job/Educational Center’s HVAC Replacement Proposed upgrades to ADA Men's restroom, including new tile, plumbing, and water-saving fixtures. The project aims to improve hygiene and accessibility for clients with intellectual and developmental disabilities. Anticipated to directly benefit 180 individuals. 12% of Desert Arc's clients and staff are Palm Desert residents. 100,000 - The restrooms are currently ADA compliant and do not represent an urgent priority at this time. Given the limited availability of funds, staff recommends prioritizing projects that address more critical needs. 5 The Joslyn Center Public Facilities & Improvements Senior Center’s ADA Modifications Enhances lobby and entrance for ADA compliance, including structural adjustments to ramps, pathways, and signage. Aims to provide barrier-free access for members using mobility aids and upgrade accessible technology for better service. Anticipate to benefit 2,962 individuals of which 69% are Palm Desert residents. 120,000 100,000 Programs at the Joslyn Center supports a national objective and ConPlan. This project supports Public and Community Facilities Improvements, goal 2, page 85 of the ConPlan. 6 Palm Desert Housing Authority Public Facilities & Improvements Playground Replacement Replaces a deteriorating playground at a multi- family apartment complex with 384 units serving extremely low- and low-income households. Anticipate to benefit 500 Palm Desert residents. 150,000 117,750 Housing Community supports low/mod clientele which supports national objective and ConPlan, goal 2: Public and Community Facilities Improvements, page 85. 7 The Ranch Recovery Centers, Inc Public Facilities & Improvements Substance Use Treatment Facility Improvements Funds requested for capital improvements at three facilities, enhancing safety and the treatment environment for patients. Helps maintain a positive and safe atmosphere, beneficial for patients' mental and emotional well-being. Anticipate to benefit 572 individuals of which 10% are Palm Desert Residents. 73,713 19,500 The programs at the Ranch Recovery align with a national objective and the goals outlined in the ConPlan. Additionally, the staff supports critical health and safety improvements, such as flooring replacements, to enhance living conditions. This project supports Vital Community and Homeless Services, goal 5, page 86 of the ConPlan. 8 City of Palm Desert Administration CDBG Program Administration Allocates 20% of new funds for administrative costs to manage the CDBG Program. For PY 2025-26, 70% of funds go to the County of Riverside, and 30% are retained by the City. 73,000 73,000 Allocation shared with County 605,913$ 365,000$ TBD Program Year 2025-26 CDBG Funding Recommendations CDBG Allocation: $365,000 GRAND TOTAL Applicant 624 Annual Action Plan 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction As a requirement of the U.S. Department of Housing and Urban Development, this document represents the Program Year 2025 Annual Action Plan. The City of Palm Desert (City) has been allocated funds from the Community Development Block Grant (CDBG) . 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The Annual Action Plan is intended to fund high-priority community needs identified during the annual Citizen Participation Plan process while concurrently aligning with the goals of the previously approved Program Year 2023-2028 Consolidated Plan. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. A performance evaluation is annually assessed through HUD’s review of the Consolidated Annual Performance and Evaluation Report (CAPER). This document states the objectives and outcomes identified in each Annual Action Plan and includes an evaluation of past performance through measurable goals and objectives relative to actual performance. Prior documents can be found at the Palm Desert City Hall. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. 625 Annual Action Plan 4 OMB Control No: 2506-0117 (exp. 09/30/2021) The City held a public comment period from November 25, 2024- January 9, 2025. On January 9, 2025, the City Council held a public hearing to provide residents an additional opportunity to review and comment on programming of CDBG funds. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. TBD 6. Summary of comments or views not accepted and the reasons for not accepting them TBD 7. Summary 626 Annual Action Plan 5 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each g rant program and funding source. Agency Role Name Department/Agency Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Joe Barron Senior Contracts and Grants Analyst City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 jbarron@palmdesert.gov | 760.776.6491 | www.palmdesert.gov 627 Annual Action Plan 6 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City followed its HUD-approved Citizen Participation Plan to consult with the public, nonprofit organizations, governmental agencies, and other stakeholders to prepare the Annual Action Plan as required by 24 CRF 91.100 Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The City conducted outreach and issued public notices regarding the application process for PY25 subrecipient awards. The City's Outside Agency Funding Committee recommended CDBG budget recommendations, which are incorporated into the Annual Action Plan. The City held a 30-day public comment period from November 25, 2024 - January 9, 2025. On January 9, 2025, the City Council will hold a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan. Describe coordination with the Continuum of Care and efforts to add ress the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. 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 628 Annual Action Plan 7 OMB Control No: 2506-0117 (exp. 09/30/2021) resources, vital documentation, and linkage to substance and alcohol abuse treatment facilities. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities 629 Annual Action Plan 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Council of Riverside County, Inc., Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide public services (fair housing). 2 Agency/Group/Organization Cove Communities Senior Association dba The Joslyn Center Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide public services (elderly persons). 3 Agency/Group/Organization Desert Recreation District Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide public services (youth persons). 4 Agency/Group/Organization OPERATION SAFE HOUSE, INC. Agency/Group/Organization Type Services-Children Services-homeless What section of the Plan was addressed by Consultation? Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide public services (youth homeless persons). 630 Annual Action Plan 9 OMB Control No: 2506-0117 (exp. 09/30/2021) 5 Agency/Group/Organization DESERT ARC Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to improve public facilities (serving people with disabilities). 6 Agency/Group/Organization The Ranch Recovery Centers, Inc. Agency/Group/Organization Type Services-Persons with Disabilities Services-Health What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to improve public facilities (serving people with addictions). Identify any Agency Types not consulted and provide rationale for not consulting The City attempts to keep a comprehensive list of stakeholders potentially eligible to receive CDBG funds for activities consistent with the Consolidated Plan goals. As some stakeholders undergo staffing changes, on occasion City staff is unaware of such changes throughout the program year. As a result, some stakeholders may not realize the City is attempting to consult with their organizations during the Annual Action Plan process. To mitigate this concern, City staff updates its contact list annually to ensure proper channels of communication with stakeholders 631 Annual Action Plan 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Housing Services Authority Both address issues pertaining to homelessness and special needs housing. Housing Element City of Palm Desert Both include the goal of fostering affordable housing. Table 3 – Other local / regional / federal planning efforts Narrative (optional) The City encouraged cooperation and coordination through the Citizen's Participation Plan process. The City followed the process as outlined in the Executive Summary Citizen's Participation Plan Section. In addition, the City is a member of the Coachella Valley Association of Governments (CVAG) Homeless Committee that consists of Mayors or Councilmember's of each of the nine (9) Coachella Valley communities as well as the County of Riverside, and a representative from Supervisor V. Manuel Perez's office, and Ex-officials who are representatives from organizations that serve homeless and similar client base. In addition, three of the Ex -officials are also representatives of the CoC's Eastern Region Committee that reports to the CoC BOG. Through this committee and the CoC, the City is able to work with other local government agencies and service providers to address issues on a local and regional (Coachella Valley) basis and obtain input and insight into community needs that are included within the Consolidated Plan. 632 Annual Action Plan 11 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City conducted outreach and issued public notices regarding the application process for subrecipient awards. The City's Outside Agency Funding Committee recommended CDBG budget recommendations, which are incorporated into the Annual Action Plan. The City held a 30-day public comment period from November 25, 2024 - January 9, 2024 On January 9, 2024, the City Council will hold a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/broad community TBD TBD TBD 2 Newspaper Ad Minorities TBD TBD TBD 3 Newspaper Ad Non- targeted/broad community TBD TBD TBD 4 Newspaper Ad Minorities TBD TBD TBD 633 Annual Action Plan 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 5 Newspaper Ad Non- targeted/broad community TBD TBD TBD Table 4 – Citizen Participation Outreach 634 Annual Action Plan 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 365,000.00 0.00 0.00 365,000.00 0.00 The annual allocation is an estimate based on recent allocations. 635 Annual Action Plan 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 0.00 0.00 0.00 0.00 0.00 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The above sources of funding have been identified as available funds to be leveraged with, where and when possible, nonprofit organizations and other entities awarded CDBG funds to provide assistance to meet the goals and objectives as outlined within the City's Five-Year Consolidated Plan and One-Year Annual Action Plan. Funded organizations will also utilize awarded funds to leverage, where and when possible, dollars available through the organization as well as other grant awards and/or donations to undertake programs/projects that may not otherwise be possible. Organizations have more flexibility to utilize funding more efficiently and effectively to provide needed support services to clients. 636 Annual Action Plan 15 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan NA in Palm Desert Discussion The City will continue to allocate CDBG funding and other sources of funding when and where available to meet the needs of qualifying individuals as designated by HUD. Programs and projects will be targeted that address goals and objectives identified within the Annual Action Plan and Consolidated Plan. In addition, the funds will be targeted so as to provide the maximize benefit to those in need. 637 Annual Action Plan 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Support Public and Community Facilities Improvemen 2023 2028 Non-Housing Community Development Affordable Senior Housing (Increase) Increase Senior Services and Programming Increase Affordable Housing Reduce vacancies in the City CDBG: $237,250.00 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1050 Persons Assisted 2 Support Fair Housing Initiatives 2023 2028 Affordable Senior Housing (Increase) Increase Affordable Housing Reduce vacancies in the City CDBG: $30,000.00 Public service activities other than Low/Moderate Income Housing Benefit: 750 Persons Assisted 638 Annual Action Plan 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 3 Fund Vital Community and Homeless Services 2023 2028 Homeless Increase Affordable Housing CDBG: $24,750.00 Public service activities other than Low/Moderate Income Housing Benefit: 50 Persons Assisted Homeless Person Overnight Shelter: 15 Persons Assisted Table 6 – Goals Summary Goal Descriptions 1 Goal Name Support Public and Community Facilities Improvements Goal Description 2 Goal Name Support Fair Housing Initiatives Goal Description 3 Goal Name Fund Vital Community and Homeless Services Goal Description 639 Annual Action Plan 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction The Annual Action Plan identifies funding the following activities: Public Services 15% Public Facilities and Improvements 65% Program Administration 20% Projects # Project Name Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Allocations priorities are decided based on the Funding Committee’s votes for each application received and the application's consistency with the Consolidated Plan. 640 Annual Action Plan 19 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities <TYPE=[pivot_table] REPORT_GUID=[54A4ED67473EDAEE248792836A1D83B0]> 641 Annual Action Plan 20 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed The City of Palm Desert is located in Riverside County; particularly, the Coachella Valley. Historically, the City has not had any low- and moderate-income census tracts; however, the City now has two eligible census tracts as of recently (ACS data). CDBG funds will be used for low- and moderate-income clientele (or presumed benefit). Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City has not historically funded CDBG activities based upon geographic areas since there have not been eligible low and moderate-income census tracts; however, HUD recently revised the census criteria used to determine eligibility. As a result, the City now has two CDBG-eligible census tracts. City staff is currently exploring the possibility of a Section 108 Loan for City Council’s consideration in subsequent program years. Discussion 642 Annual Action Plan 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 0 Special-Needs 0 Total 0 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 0 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion 643 Annual Action Plan 22 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction The City does not own nor operate public housing but is providing funding for the Palm Desert Housing Authority this year. Actions planned during the next year to address the needs to public housing The Funding Committee approved funding for the Palm Desert Housing Authority's request for Facility Improvements for their playgrounds. Actions to encourage public housing residents to become more involved in management and participate in homeownership Not Applicable. The City does not own nor operate public housing. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not Applicable. The City does not own nor operate public housing. Discussion 644 Annual Action Plan 23 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The City will continue to work with nonprofit organizations, government agencies, and other stakeholders to fund activities that help prevent and reduce homelessness. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The County of Riverside CoC has established chronically homeless persons as the highest need priority based on the goals HUD has established in its Opening Doors Federal and Strategic Plan to Prevent and End Homelessness. The CoC has implemented a Coordinated Entry System (CES) to ensure appropriate intervention is utilized to serve those who are homeless and providing for a prioritization of vulnerability and linkage to community resources and housing based on the vulnerability prioritization. Within the CoC, there are several outreach teams from County, cities, and nonprofit homeless providers that cover specific populations or geographic regions in the County. There is also specific outreach teams serving the mentally ill, veterans, youth and chronic homeless. The Behavioral Health Systems Department has outreach peer specialists that perform initial field assessments, in depth assessments, referrals to all contacts, linkage to various community organizations. Addressing the emergency shelter and transitional housing needs of homeless persons The Housing First approach adopted by the County and CoC requires that homeless are helped into permanent housing or rapid re-housing as soon as possible. Transitional housing beds have begun to decrease countywide and permanent housing is increasing because of reallocations made in the HUD CoC Program Consolidated Application and the CoC’s success in obtaining new funding for permanent supportive housing. Both transitional housing and emergency shelters focus on lessening the time that a homeless person or family’s length of time homeless (LOTH) in the shelter by effective and quick assessment of homeless clients and getting them stabilized into permanent housing with intensive case management initially and support in the initial phase of residency in permanent housing. This period will serve as a time to address the other needs to maintain self-sufficiency either by accessing mainstream benefits, employment or medical or mental health support. The CoC collaborates with the City and other stakeholders to integrate CoC programs, Emergency Solutions Grant (ESG), Social Services to Veteran Families (SSVF), and CDBG funding to increase the number of persons with rapid re-housing assistance. Also, other non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under Federal Emergency Management Agency (FEMA) will be matched as a source for rental / mortgage assistance for families that are 645 Annual Action Plan 24 OMB Control No: 2506-0117 (exp. 09/30/2021) homeless or at-risk of homelessness in the County’s strategy to meet this goal. 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 period 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 The CoC implemented a Coordinated Entry System (CES) to assess homeless persons using the VI-SPDAT that tracks the length of time a client has been on the streets or in an emergency shelter. DPSS uses HUD’s CoC Program planning grant funding to measure system-wide performance in HMIS, such as length of time homeless. This is used to help the CoC prioritize and house those with longest length of time homeless. The planning process also included working with the CoC Standards and Evaluation Committee to continue developing strategies to prioritize persons with longest time homeless and most severe needs, including: The CoC has also adopted a Housing First approach that is evidenced-based and endorsed by HUD to place a homeless person in permanent housing and provide supportive services intended to keep them stably housed. Homeless CoC youth providers have implemented outreach and service-based events in the communities to draw homeless youth, unaccompanied and transitional age into contact with services available to them. The Operation SafeHouse is the only CoC youth provider that has opened a permanent supportive housing program called the Harrison House, which is for transitional age youth, in the eastern desert region of Riverside County. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The CoC Discharge Policy is mandated by the State and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations, to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning 646 Annual Action Plan 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The Riverside County University Health System – Behavioral Health, collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Foster Care and extended foster care programs help transition dependent youth who are emancipating from foster care to independent living. The Department of Public Social Services, Riverside Sheriff’s, and Probation Department support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self-sufficiency. Discussion 647 Annual Action Plan 26 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing. Actions it planned 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 po licies affecting the return on residential investment The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing. Discussion: 648 Annual Action Plan 27 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: The City will continue to work with various stakeholders to meet the needs of its residents that remain in-need of CDBG-eligible activities consistent with Consolidated Plan goals. Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations that are established to provide direct services to those in need. The City is not equipped to provide direct services; therefore, funding organizations that do is essential to our success in addressing the identified goals and objectives. The City will continue to partner with service providers to address obstacles and address barriers that exist. In addition, the City works with the County of Riverside, the CoC, local agencies, nonprofits, etc. to address various aspects related to CoC programs and activities, as well as obstacles that face the underserved in general. However, the CoC addresses issues relative to homelessness, mental and physical illnesses, domestic violence, etc. and has a wide range of members where collaboration in other areas is an option. Through these working relationships, obstacles such as lack of communication between agencies, improved services, limited resources, tracking and monitoring, and other needed resources are obtained, gaps in services are better identified, and there is a more cohesive approach to identifying and resolving issues. Actions planned to foster and maintain affordable housing The City and the Palm Desert Housing Authority will continue to maintain the existing affordable housing stock through the funding sources identified previously; however, as noted with the elimination of redevelopment agencies, there is no longer what is considered “20% Set Aside Funds”. Therefore, maintaining existing properties and programs will be the primary focus, provided funding is available, for some time to come. However, new projects and programs will be planned and implemented where and when possible. Actions planned to reduce lead-based paint hazards The City’s Building & Safety and Housing departments distribute informational pamphlets on Lead Based Paint Hazards and refer all calls to the County of Riverside Environmental Health Department. The City addresses this issue on a case-by-case basis through multiple steps. Actions planned to reduce the number of poverty-level families The City is continuing to team up with service providers to provide assistance for poverty level families, including funding food and services options during the Program Year. In addition, the City will seek out additional partnerships for programs that encourage self-sufficiency including employment and training, 649 Annual Action Plan 28 OMB Control No: 2506-0117 (exp. 09/30/2021) housing options, and safety net programs. Actions planned to develop institutional structure The City will continue to work with outside agencies to maintain and develop relationships, including with nonprofit organizations, private businesses, the CoC, and nonprofit organizations in the region. Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to work with various County departments, agencies, and nonprofit organizations to identify and carry out goals and objectives of the CDBG Program, and to create a more cooperative working relationship with all interested parties. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard. In addition, City staff regularly attends CoC meetings that involve multiple organizations and various County Departments as well as other local jurisdictions wherein discussions are held on homelessness as well as supportive services to other at-risk groups of individuals and families. Discussion: 650 Annual Action Plan 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0.00% 651 Annual Action Plan 30 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: NA 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: NA 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: NA 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: NA 5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)). NA 6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)). 7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a). NA 652 Annual Action Plan 31 OMB Control No: 2506-0117 (exp. 09/30/2021) 653 Annual Action Plan 32 OMB Control No: 2506-0117 (exp. 09/30/2021) 654 FY2025-26 Community Development Block Grant Program (CDBG) Annual Action Plan January 9, 2025 655 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OVERVIEW The City of Palm Desert receives an annual allocation of funds from the U.S.Department of Housing and Urban Development (HUD). CDBG Funds are Intended for the Purposes of: •Providing Decent Housing •Creating a Suitable Living Environment •Expanding Economic Opportunities National Objectives Requirements: •Benefit Persons who are Low-Mod Income •Eliminate Blight •Address Urgent Threat to Health &Safety 656 Recommended Action Plan for Program Year 2024/2025 Fiscal Year 2024-2025 Community Development Block Grant (CDBG)Program Funding Recommendations:$365,000 Agency Activity Description Funding Request Recommendation Public Services (15%) 1 Desert Recreation District Recreational Program Support $ 25,200 $ 8,000 2 Fair Housing Council of Riverside County Federally mandated fair housing activities $ 46,000 $ 30,000 3 Operation SafeHouse Youth Homeless Transitional Living Program $ 18,000 $ 16,750 $ 89,200 $ 54,750 Public Facilities and Improvements (No Cap) 4 Desert Arc ADA Men's Restroom Remodel $100,000 $ - 5 The Joslyn Center Senior Center ADA Facility Improvements $120,000 $100,000 6 Palm Desert Housing Authority Low/Mod Income Housing Community Playground replacement/Improvements $150,000 $117,750 7 The Ranch Recovery Substance Use Treatment Facility Capital Improvements $ 73,713 $ 19,500 $443,713 $237,250 Program Administration (20% Cap) 11 Grant Administration Overall grant management $ 73,000 $ 73,000 $ 73,000 $ 73,000 $605,913 $365,000 657 Staff Recommendations 1.Conduct a public hearing and accept public comment related to the FY 2024-24 Community Development Block Grant (“CDBG”)Program Action Plan 2.Approve Outside Agency Funding Committee (“Committee”) recommendations for FY 2025-26 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed. 3.Approve the use of the FY 2025-26 CDBG funding allocation awarded to the City of Palm Desert (“City”)by the U.S.Department of Housing and Urban Development (“HUD”)for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee. 4.Approve the City’s FY 2025-26 CDBG Annual Action Plan (“Annual Plan”) and authorized staff to submit to HUD. 5.Authorized the City Manager or designee to execute any documents necessary to effectuate the actions taken here with. 658 Questions 659